Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1872-08-29
To Whom II. Nav Concern.

VIM. FL. Lubbock for himself, Cary LHn-
beck ian ~infant) by his guardian, VIM.
III. Lubbock, Frank Lubbock and Ar
thu Lunbeck by their guardian jose
phine Lubbock, Josephine Lunbeck for
herself and Joseph Lunbeck-Petition-
crs.
To Zadock w. Simpson and the unknown
heirs. of Zadock W. Simpson. deceased,
and to whomsoever this may concern:
YOU are hereby notified that deposit
J. tions of witnesses to p~erpetuate testi-
mony will be taken at the office of the
Clerk of the Circuit Court, in the town of
Jonesboro'. in the county of Washington,
in the State of Tennessee, on the 9th day
of September, 1872, W the hours of
eight O'Clock in the forenoon n five
O'Clock in the afternoon, and that the
taking of said dispositions, if not COM
from day to day ut the same place and be-
tween the same hours until completed.
j.. L.. VANCE,
Attorney for petitioners.
That said dispositions will be taken in
pursuance of a commission granted by
the Judge of the Circuit Court of-Saline
county at the June Term (1872) thereof,
upon the following petition and Affidavit,
to-wit:
STATE OF MISSOURI, Sc
sCOuNTY OF SALINE,
In THE CIRCUIT COURT OF
SALINE COUNTY,
JUNE TERM, 1872.
VIM. II. Lunbeck for himself, Cary Lun-
beck ian infant) by his guardian VIM.
III. Lubbock, Frank Lubbock and Ar
thur Lubbock by their guardian jose
phine Lubbock for herself and in her
own behalf, Joseph Lunbeck-Petit;on-
erS.
To the Hon. C. p. Townsley, Judge ofthe
Saline Circuit Court:
You petitioners, william II. Lunbeck
in his own behalf and as guardian of
Cary Lubbock. Josephine Lubbock in her
own behalf and as guardian of Frank
Lubbock and Arthur Lubbock and Joseph
Lubbock, respectfully represent andstate
that on the 9th day of February 1871,
Samuel G. Lubbock departed departed
this life interstate, leaving as his only heirs
at law your petitioner, Josephine Lun
beck, his widow, and Cary Lunbeck,
Frank Lubbock and Arthur Lubbock, his
minor children undertwenty-one years of
age. That the time of his death the said
Samuel q. Lunbeck was seized in fee of
the following described real estate situa-
ted in Saline county, Missouri, and his
said heirs are now legally seized in fee Of
same, tO-wit:
The southwest quarters of section eigh-
teen OS). township fiity-one (5l) ofsange
twenty-five (22); that said real estate vas
conveyed to said Samuel G.. Lubbock by
his father Isaac Lubbock, on or about the
3lst of August, 1869, by deed, which said
deedi is recorded in the Recorders office
OF Saline county, Missouri, in Deed Re-
cor No. -. page 29S: that your petition
err. Joseph X. Lnnbeck, is seized of the
following described real estate lying and
being situate in said county and State, to-
wit: The southwest quarter of section
nineteen (l9), township fifty-one (5l), of
range twenty-five (22). which was convey
ed TO him by his father, said Isaac Lru-
beck, on the 9th day of December. 1866,
by deed recorded i'll the Recorders office
of Saline county, Missouri, in Deed Re-
cord No. 5, page sol; that said Isaac Lun-
beck has purchased said real estate from
one John w. Simpson,, and received from
said Simpson a deed to the same dated
May ), 1858, which said deed is recorded
in the Recorders Office of said county, in
Deed Record Book '.P," pages 563 and
564. That saiG John w. Simpson had, to-
gcther with one Zadock w. Simpson as
%tencnts in common, entered the said real
estate and received a patent therefor; that
sad John w. Simpson did, on the 10th
day of September, 1885. by purchase, OBJ
tain all the right, titIs and interest ofsaid
Zadnck w. Simpson in and to said real es-
tate. and received from said Zadock q
deed therefor, i'll which deed said south
west quarter of section nineteen Q9),
township fifty-one (5l), range twenty-five
(22l, was designated by the number
'.G1O6, aud entry being August ). 1885,"
IAitt oiio uiIOSIS COIICSDOIlu W I'LL IIlt
numbers of certificate of entry and num-
Der of patent for same and the said south
west quarter of section eighteen (lS),
township fifty-one (5l), range twenty
two (22}, was designated by the number
.'6105." and entry being august 10,
1885," but by neglect there was no certif-
icate ACKNOWLEDGMENT by said Zadock
to said deed, but that the same iwas deliv-
cred to John w. Simpson by Zadock w.
Simpson OH the day of execution as his
voluntary act and deed for the uses and
purposes therein ~contained; thai said
John w. Simpson, after receiving said
deed failed to have the same recorded in
the said county OF Saline, and State of Mis-
souri,; that said Zadock w. Simpson has
departed this life without acknowledge
ing said deed of conveyance; wherefore
your petitioners intend to prove by the
testimony of VIM. 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
thereto was written by him, that it was
the intention of said Zadock to fully con-
vey by said deed to said JOHN w. all his
Interest i'll and to said real estate to saiG
John W., and thai the said John 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
Zadock has at divers times since the date
of sail conveyance acknowledged and adj
mitted that he had for a valuable consid-
Grafton conveyed said real estate to his
brother, said John W. Simpson, that the
number ''6706" were used by him to rep
resent the southwest quarter of section
nineteen (l9), township tifty-one (5l),
range twenty-five l22j, and that the num-
''6705" 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
your Honor to grant that a commission
be issued by the Clerk of this the Saline
Circuit Court. directed to any Clerk or
Judge of a Court of Record or Notary
Public in any of the United States to
take the dispositions of said witnesses, for
the purpose of perpetuating the same,
for which your petitioners are ever III
duty bound. j. r. VANCE,
Attorney for Petitioners. :
Joseph II Lunbeck and w. Ii. Lun-
beck, two Of the petitioners in the above
cause. being sworn. state that the matters
and facts as set forth in the foregoing PEE
tition are true to the best of their kn1wl-
edge and belief j. II. LUNBECK.
w. III. J.UNBECK.
Subscribed and sworn to before me at
my office in Marshall, Saline county, Mis-
souri,, this oath day of June, 1872.
j. Il. VANCE,
aug, Iw4pfs25, Notary Public.
S. Bissinger,