Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1872-09-05

1 - . Ut MiOoOohls e-
/ COUNTY OF SALINE, @ rl
IN THE CIRCUIT COURT of Saline County
VIM. III. Lubbock for himself, Cary Lun-
beck ian ~infant) by his guardian, VIM.
ii. Lubbock, Frank Lunbeck and Ar
thu Lunbec by their guardian jose
phine Lubbock, Josephine Lubbock for
herself and Joseph Lunbeck-Pctition-
crs. .ss
To Zadock W. Simpson and the unknown
heirs of Zadock w. Simpson. deceased,
n to whomsoevcr this may concerns:
YOU arc hereby notified that deposit
i tons of witnesses to perpetuate testi-
mony will be taken at the office of the
Clerk of the Circuit Court, i'm the town of
Jonesboro', in the county of Washington,
in the State of Tennessee, on the 9th day
of September. 1872, between the hon OF
eight O'Clock in the forenoon and five
O'clock in the afternoons, and that the
taking of said dispositions, IT not COM
pleted On that day, will be continued
from day to day ut the same place aud be-
tween the same hour until completed!
j.. X. 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 ut the June Term QS72) thereof,
upon the following petition and Affidavit,
tO-wit:
STATE Or Mis3OUhi' S..
In THE CIRCUIT COURT OF
SALINE COUNTY,
JUNE TERM, 1872.
VIM. ii. Lunbeck for himself, Cary Lun-
beck IAN intant) by his Guardian Wm.
III. Lubbock, Frank Lubbock and Ar
thur Lubbock by their guardian jose
phine Lunbeck for herself and In her
own behalf, Joseph Lunbeck--Petition-
erS.
Tothe Hon. G. +. Townsley, Judge oftlIc
Saline Circuit Court:
Your petitioners, Willicm III. Lubbock
in his own behalf and as guardian of
Cary Lubbock. Josephine LunbecE in her
own behalf and as guardian of Frank
Lunbeck respectfully represent andstatc
that on the 9th day of February 1871,
Samuel G.. Lunbeck departed departed
this life intcstate, leaving as his only heirs
at law your petitioner, Josephine Lun-
beck, his widow, and Cary Lubbock,
Frank Lunbeck and Arthur Lubbock, his
minor children under t~wenty-one years of
age. That the time of his death the said
Samuel G.. Lubbock was seized in fec of
the following described real estate situa-
ted in Saline county, Missouri, and his
said heirs are now legally seized in fec of
same, to-wit:
Tn southwest quarters of section cigil-
teen (1S), township fitty-one (5D of range
twenty-five (22); that said real estate was
conveyed to said Samuel G.. Lubbock by
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. -, page 29S; that your petitions
err. Joseph II. 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 Q9), township fifty-one (51), OF
range twenty-five (22), which was convey
ed to him by his father, said Isaac L,In-
beck, on the 9th day Of December, 1866,
by deed recorded i'm the Recorders office
of Saline county, Missouri, i'm Deed Re-
cord No. 5, page sol; hat said Isaac Lun-
beck has purchased said real estate from
one John w. Simpson, and received from
said Simpson q deed to the same dated
May 3, 1853, which said deed is recorded
in the Recorders office of said county, in
Deed Record Book '-P,' pages JG3 nj
564. That sale John w. Simpson had, to-
gether with one Zadock w. Simpson as
cnents in common, entered the said real
estate and received a patent therefor; that
SAID John w. Simpson did, on the 10th
day of September, 1885, by purchase. OBJ
tain all the right, titls andintcrest ofsaid
Zadock w. Simpson in and to said real cs-
tate. n received from said Zadock a
deed therefor, I'm which deed said south
west quarter of section nineteen 10y,
Township f~fty-one (5l), range twenty-five
(22J, was designated by the number
..6706," and entry being August >. 1S33,'
that said number correspond with the
numbers of certificate of entry and num-
Der of patent for same and the said south
west quarter of section eighteen (1S),
township fifty-one l5l), range twenty
two (22), was designated by the number
..6705." and entry being august 15,
1897 but by neglect there was no ceptif-
icate 7ofacknowledgmcnt by said Zadock
q - ..s .l..nfI sItrf ffuf fhn q an nRn fxra fInlsx-- /
cred to John w. Simpson by Zadock W.
Simpson on The day of execution as his
voluntary act and deed for the uses and
purposes therein c~Ontained; that 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 j..
Blair, Joseph X. Simpson and JOHN W..
Simpson, citizens of the county Washing
ton, I'm the State of Tennessee, that Ia
dock w. Simpson did sign said deed Of
conveyance of said real estate to said
w. Sim pson, that the name signed
the intention of said Zadoek to fully con-
vey by said deed to said John w. all his
in and to said real estate to sale I,
J ohm W., and thai the said John W., paid
HIM therefor ut the time OF the execution
Of said deed as aforesaid or prior thereto
the full value of said real estate, that said ,
has at divers times since the date
of sail conveyance acknowledged and adj I,
that he had for a valuable consid- ,
Grafton conveyed said real estate to his .
brother, said John w. Simpson, that the .
number .'670G'' were used by him to rep
resent the southwest quarter Of section
nineteen 10y, township fifty-one (5l),
range twenty-five (22j, and that the NUM-
's67O5'' to represent the southyestquarter
Of section eighteen 1S), township fifty
one (J1i, range t~wenty-two Gay, they be-
ing tile numbers of certificates of entry |
foI said real estSft. II
You petitioners wou1d 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 a Court of Record or Notary
Public in any of the United States to
the dispositions OF said Witnesses, for
the purpose of pcrpetuating The same
for which your petitioners are ever in
duty bound j.. il. VANCE,
Attorney for Petitioners
Joseph r Lunbeck and W. II. Linz
beck, two Of the petitioners in ting above
cause, being sworn, state that the matters
and facts rs set forth In the foregoing pc
tition are true to the best Of tI.eir kn.vl-$
edge and Deiref >. II: LUNHECk.