CIRCUIT COURT - ST CLAIR COUNTY MISSOURI
APRIL TERM AD 1851 - BOOK A PAGES 272 & 273


Civil Action for Partition of Land and Assignment of Dower:

Anny Looney, Jese Looney, John C. Looney, Allen Looney, Thomas Copenhaver, and Nancy Copenhaver, Arthur Matthews and Mary Matthews & Sally Canada, PLAINTIFFS

vs.:

William G. Looney, Elizabeth Paine, Edward W. Looney, Mary J. Looney, Sarah Looney, William Looney, George Wolaver and Anna Wolaver and John Crumb and Elizabeth Crumb, DEFENDANTS


Now at this day comes the Petitioners by their solicitation and it appearing to the court that said defendants have been duly notified of the pending of this petition by a publication in the Osceola Independent, a newspaper printed and published in this county and the said defendants though three times solemnly called come not but makes default. Therefore the Prayer of said petitioners ought to be granted and the assignment of Dower in the Real Estate therein mentioned and partition of the remainder ought to be had. And it appearing to the court by said petition that said ISAM LOONEY died on the 12th day of September in the year 1850 seized and possessed of the following Real Estate to wit:

No. of
Parts of Section Section Town. Range No. Acres

E 1/2 of SW qr 14 39 24 80
NW qr of NW qr 24 39 24 40
NW qr of NE qr 23 39 24 40
SW qr of SE qr 14 39 24 40
NE qr of NW qr 23 39 24 40
SW qr of NW qr 24 39 24 40

Total Number of Acres 280

Situated in the County of St Clair. It further appearing by said petition that said ISAM LOONEY died leaving a widow to wit: Ann Looney, who is entitled to one-third part of said real estate as her dower therein during her lifetime. It is therefore considered by the court that said Ann Looney have and receive one-third part of said Real Estate during her natural life as her dower therein and that the same be set off and admeasured to her. It further appearing to the court by said Petition that the said ISAM LOONEY at the time of his death left three sons then living, to wit: Jese Looney, John C. Looney, and Allen Looney and also four daughters then living, to wit: Nancy Copenhaver, Mary Matthews, Sally Canada and Elizabeth Paine. Each of whom are entitled to one-ninth part of the remainder of the said real estate After setting of the said widow's dower and that said ISAM LOONEY dec'd also had two sons who died before him, each of which sons left descendants to inherit their shares to wit: Benoni Looney who left an only child, to wit: William G. Looney who is entitled to the share of his dec'd father one-ninth part of the remainder of said real estate After setting off the said widow's dower and William Looney who left six children, to wit: Edward W. Looney, Anna Wolaver, Elizabeth Crumb, Mary J. Looney, Sarah Looney, and William Looney who are each entitled to one-sixth part of one-ninth part of the remainder of said real estate After setting off said window's dower. It is therefore ordered and adjudged by the court that partition be had of said real estate according to the respective rights of the parties as found as aforesaid and that Edward C. Davis, William C. Douglass, and Anthony N. Hester be and are hereby appointed commissioners to set off and admeasure said dower and to make partition of the remainder of said real estate according to the respective rights of said parties as adjudged to them as aforesaid and that they make report thereof at the next Term of this Court until which time this cause is ordered to be continued.

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(Copy of pages from St Clair County, MO Circuit Court records obtained by Dee Mathews on May 21, 1998, Certification of True Copy attested by James O. Naylor Jr., Circuit Clerk & Ex-Officio Recorder of Deeds, St. Clair County, Missouri and by Barbara Taber, Deputy Clerk.)

IN VACATION CIRCUIT COURT - ST CLAIR COUNTY MISSOURI
JANUARY 13TH AD 1851 PAGES 262 & 263 BOOK A

Civil Action for Partition of Land and Assignment of Dower:

Anny Looney, Jese Looney, John C. Looney
Allen Looney, Thomas Copenhaver, and
Nancy Copenhaver, Arthur Matthews and Mary Matthews &
Sally Canada, PLAINTIFFS

vs.:

William G. Looney, Elizabeth Paine,
Edward W. Looney, Mary J. Looney,
Sarah Looney, William Looney, George Wolaver
and Anna Wolaver and John Crumb and Elizabeth Crumb,
DEFENDANTS

Now at this day comes the Petitioners by their attorney before me, James W. Beck, Clerk of our said Circuit Court, and in vacation of said court. And it appearing to the said Clerk that the defendants to wit: Elizabeth Paine, Edward W. Looney, Mary J. Looney, Sarah Looney and William Looney, George Wolaver and Anna Wolaver and John Crumb and Elizabeth Crumb are non residents of the State of Missouri. It is therefore ordered by the said Clerk in vacation that the said non resident defendants be notified that the said petitioners have this day filed their petition with the Clerk of said court in vacation. The object and general nature of which said Petition is to obtain assignment of Dower and division and partition of the following described lands belonging to the Estate of ISAM LOONEY deceased to wit: The E 1/2 of the SW qr of Section No 14 the NW qr of the NW qr of Section No 24 the NW qr of the NE qr of Section No 23 the SW qr of the SE qr of Section No 14 the NE qr of the NW qr of Section No 23 and the SW qr of the NW qr of Section No 24 all in Township No. 39 and Range No 24 and making in all 280 acres said lands lying and being situated in the county of St. Clair in the State of Missouri and unless said lands can be divided among the parties interested therein according to their respective interests without prejudice to the said parties that the same be sold and it is further ordered that unless the said non-resident defendants appear and answer the said petition on the first day of the next term of the said Circuit Court to be begun and held at the court house in the Town of Osceola in said county of St Clair on the fifth Monday After the fourth Monday in March next (It being the 28th day of April AD 1851) or as soon thereAfter as a hearing can be had in said term the said petition will be taken as confessed against them and it is further ordered that a copy of this order be published in some newspaper published in this State published in or nearest the county of St. Clair, Missouri for eight weeks successively the last intention to be at least four weeks before the first day of the said next Term of this court.

(Signed, James W. Beck, Clerk)

W. P. Johnson)
Atty of Pttfs)

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Copied from the Circuit Court records, St. Clair County, Missouri by Dee Mathews on May 21, 1998. Book A, pages 262 & 263.

Ann and Janioh’s deaths are based on the circuit court minutes from the St. Clair Co.,. It said that two sons died before Isam Looney died. Since he died in 1850, they had be have died prior to that date.

This same court order named all the children except Ann and Janioh. It is thought that they may be grandchildren (belonging to one of Isom’s dead sons who preceded him in death). The circuit court minutes listed some grandchildren and one was nemed Anna Wolver (something like that).