Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1872-08-15
To Whom it Nav Concern.

VIM. I'll. Lubbock for himself, Cary Lul
i beck a ninfant) by his guardian, Wn
III. Lunbeck, FraHk Lubbock and Al
thnr Lubbock by their guardian Jos
Il, phine Lunbeck, Josephine Lubbock fo
herself and Joseph Eunbeck-Petitior
ers.
To Zauock w. Simpson and the unknown
heirs of Zaiock w. Simpson. deceased
and to whomsocyer this may concern:
YOU are hereby notified that deposi
81 fions of witnesses to perpetuatc test
monyw will be taken at the office of tn
Clerk of the Circuit Court, in the town @
J~onesboro'. in the county of Washington
in the State of Tennessee, OH the 9th da,
OF September, 1872, between the hours O
eight O'Clock in the forenoon and fiv'
O'Clock IN the afternoon, and that tn,
taking of said dispositions, if not com
pleted on that day, will be continued
from daysto day ut the same place and be
tween the same hours until completed.
j.. r. VANCE,
Attorney for petitioners.
That said dispositions will be taken il
pursuance of 4 commission granted by
the Judge of the Circuit Court of Saline
county at the June Term (lS72) thereof
upon the following petition and affidavit
tO-wit:
STATE OF MISSOURI, } S.
CorNTY OF SALINE, eS'
IN THE CIRCUIT COURT OF
SALINE COUNTY,,
JUNE TERM, 1872.
VIM. III. Lunbeck for himself, Cary Lun-
beck ian infant) by his guardian WIN.
IL. Lubbock, Frank Lubbock and Ar
thur Lubbock by their guardian Jose
phine Lunbeck for herself and i'm her
behalf, Joseph Lunbeck-Petit'on -
ers.
To the Hon. c. P. Townsley, Judge of the
Saline Circuit Court: ~.
Your petitioners. William II. Lubbock
in his own behalf and as Guardian of
Cary Lunbeck. Josephine Lubbock i'm her
own behalf and as guardian of Frank
Lunbeck and Arthur Lunbeck and Joseph
Lunbeck. respectfully represent andstate
that on the 9th day of February 1871,
Samuel G. Lubbock departed departed
at law your petitioner, Josephine Lun-
beck, his widow, n Cary Lunbeck,
Frank Lubbock and Arthur Lubbock, his
minor children under twenty-one years of
age. That the time of his death the said
Samuel u. Lunbeck was seized in fee of
the following described real estate situa-
ted in Saline county, Missouri, and his
said heirs are o legally seized in fee of
same, to-wit:
The southwest quarters of section eigh-
teen CS). township fifty-one (5I) of range
twenty-five (22); that said real estate was
So W cdiu odiitC Vt. Lubbock OV
his father Isaac Lubbock, on or about the
3lst of August, 1869. by deed, which said
deed is recorded in the Recorders office
of Saline county, Missouri, in Deed Re-
cord No. y. page 29S: that your petition
er. Joseph X. Lnnbeck, is seized of the
following described real estate lying and
being situate in said county and State, to-
wit: h southwest quarter of section
nineteen Q9), township fifty-one (5I). of
range twenty-five (22), which was convey
ed TO him by his father, said Isaac L.,n-
beck, on the 9th day of December, 1866,
by deed recorded in the Recorders office
of Saline county, Missouri, in Deed Re-
cord No. ., page sol; that said Isaac Lun-
beck has purchased said real estate from
one john w. Simpson, and received from
said Simpson u deed to the same dated
May 3, 1858, which said deed is recorded
IN the Recor.icr's Office of said county, in
Deed Record Book '.P," pages 563 and
564. That said John w. Simpson had, to-
5cther with one Zadock W. Simpson rs
tenentS III common, entered the said real
estate and received IL paten: therefor; that
SAID John w. Simpson did, on the 10th
day OF September, 1880: by purchase, OBJ
tain all the right, titIs and interest ofsaid
Zad"ck w. Simpson in aud to said real es-
tate. and received from said Zadock a
deed therefor, III which deed said south
west quarter of section nineteen (l9),
township fift y-one (JI), range twenty-five
was ueSl5naIcu Dy the EtlilDer
'67O6, aud entry being August 3, 1882
that said numbers correspond with the
numbers OF certificate of entry and num-
Der of patent for same and the said south
west quarter of section eighteen (IS),
township fitty-one t5l), range twenty
(22), was designated by the number
''tiIO5,' and entry being EsAu~ust Is. |
but by neglect there was no ccrtif-
lcatc observation-disclosures by said Zidock
to said deed, but that the same was deliv-
cred TO John ". Simpson by Zadock W.
simpson on the day of execution as his
act and deed for the uses and
purposes therein cOntained; that said
Ohm w. Simpson, after receiving said
deed failed to have the same recorded in
the said county OF Saline, and State of Mis- |
souri,; TINT said Zadock W. Simpson has
departed this life without acknowledge
lng said deed of conveyance; wherefore
o u petitioners intend to prove by the |
testimony of Wm. X. Blair. Robert l..
Blair. Joseph Il. Simpson and John w.
simpson, citizens of the county Washing
ton, in the State of Tennessee, thai Ia
dock w. Simpson did sign said deed of
conveyance of said real estate to said
John w. Simpson,, that the name signed
was written by him, that it was
he intention of said Zadock to fully con-
vey by said deed to said John w. all his
in and to said real estate to saiG
John W., and thaLthe said OH W., paid
him therefor at the time of the execution
Of said deed as aforesaid or prior thereto
the full value OF said real estate, that said
.adOck has at divers times since the date
Of sail conveyance acknowledged and adj
tina he had for a valuable consid-
conveyed said real estate to his
brother, said John w. Simpson, that the
5000 were used by him to rep
resent the southwest quarter of section
nineteen (l9), township fifty-one (51).
range twenty-five (22J, and that the num-
to represent the southwest quarter
of section eighteen (1S), township fifty
one (5ll, range twenty-five (22), they be-
ing the number of &c rtificates of entry !
fol- said real estate.
Your petitioners would therefore ask
Honor to grant that a commission
be issued by the Clerk of this the Saline
Circuit Court, directed to any Clerk or
Judge of n Court of Record or Notary
Public in any of the United States to
AXE the dispositions of said witnesses, for
The purpose of perpetuating the same,
which your petitioners are ever in
luty bound. j. II. VANCE,
Attorney for Petitioners.
Joseph r Lubbock and w. III. Lun-
beck, two Of the petitioners in h above
being sworn, state that the matters
facts as set forth in the foregoing pc
are true to the best of their kn1wl-
,dge and belief j.. Il. LUNBECK.
w. III. 1.UNBECK. |
Subscribed and sworn to before me at
Office in Marshall, Saline county, Mis- |
this 24th day of June, 1872.
j. Il. VANCE,
atlr 1 w4DfS2J. Notary Public. |