Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1872-08-22
To Whom4fMayeoacer


thur Lunbeck by their guardian jose
phine Lunbeck. Josephine Lunbeck for
herself and Joseph Lunbeck-Petition-
ers.
To Zadock W. Simpsonand the unknown
= Heirs of Zadock w. Simpson. deceased.
and to whomsoever this may concerns;
YOU are hereby rofifieds that deposit
l. tons Of witnesses to p~erpetuate testi-
mon 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 thesiioprs OF
eightzo'clock i'm the forenoon n five
O'Clock in the afternoon. and that the
taking of said dispositions, If not ON
pleted on that day, VIII Rbe continued
from day to day ut the same place and be-
tween the same hours until completed.
j. r.. XANCEa
Lhc = Attorney for petitioners.
That said dispositions will be taken in
pursuance of a commission granted by
the Judge of the Circuit Cont OF Saline
county at the June Term (lS72) thereof,
upon the following petition and dfidav;..,
tO-wit. EE38J z
STATE OF MISSOURI,
COUNTY OF SALINE, JItM ~.
IN THE CIRCUIT COURT OF
-2EEEJFE 8 JUNE Term, 1872.
VIM. II. Lunbeck for himself, Cary Lun-
beck ian infant by his Guardian. Wm.
II. Lubbock, Frank Lunbeck AMI Arr
thur Lunbeck by their guardian jose
W. behalf, Joseph Lunbeck-Petit on
erS.
To the Hon. G. p. Townsley, Judge of h
Saline Circuit Court: -
Your petitioners, Wiiffsm II. Lunbcck
in his own behalf and Us guardian of
Cary Lubbock. Josephine Lubbock in her
own behalf and Us guardian of Frank
Lunbeck and Arthur LuiIbeek andJoseph
Lunbeck. respectfully represent andstate
that on the 9th day of February 1871,
Samuel G.. Lunbeck departed departed
this life interstate, leaving as his only heirs
at law your petitioner, Josephine Lun-
beck, his widows and Cary zLuIibeck,
Frank Lubbock and Arthur Lubbock, his
minor children under twenty-one years Of
age. That he time OF his death the-said
Samuel q. Lubbock was seized in feeAof
the following described real estate situa-
ted in Saline county, Missouri, and his
said heirs are now legally seized in fee of
The southwest quarters of section eigh-
teen (lS), township titty-one (5I) OF range
twenty-five (22); that said real estate was
conveyed to saidSamuel G. Lunbeck by
his fathce Isaac Lunbeek, on Or about the
3Ist of AugIst, 1859. by deed, which said
deed is recorded i'll the Recorders office
of Saline county, Missouri, in Deed Re-
cord No. -. page 29S; that your petition
er. Joseph Il. Lnnbcck, is seized of the
following described read estate lying and
being situate in said county and State, to-
wit: The southwest quarter of section
nineteen (l9), township fifty-one {51}, of
range twenty-five (22), which was convey
ed to him by his father, said Isaac Lun-
beck, on the 9th day of December, 1866,
by deed recorded in the Recorders office
- y n
cord No. ., page sol; that said Isaac Lun-
beck has purchased said rcal estate from
one John W. Simpson, and received from
said Simpson q deed to the same dated
May 3, lS53, which said deed is recorded
in the Recorders Office of said county, in
Deed Record Book s.P," pages SOB and
564. That sai6 John ~. Simpson had, to-
gcther with one Zadock w. Simpson as
tenents in common, entered the said real
estate and received q patent therefor; that
SAID John w. Simpson did, on the 10th
day Of September, 1885: by purchase, OBJ
tain all the right, tirIs and interest ofsaid
Zadpck w. Simpson in and to said real es-
tate. and received from said Paddock Il
deed therefor, in which Iced said south
west quarter of section nineteen (l9),
township tlfty-one (5i) range twenty-five
(2?). was designated by the number
$780, aud entry being august 5, lS33,"
that said numbers correspond with the
numbers of certificate Of entry and mum
Der of patentf0r sanIe andthe said south
west quarter of section eighteen (lS),
township tifty-one (5D, range twenty
two (22), was designated by the number
1885, BIZ. - Cc~l"ct there was no certif-
icatc acknowledgement by saiu Z:llQck
to said deed, but that the same was deliv-
cred to John w. Simpson by Zadock W.
Simpson OF the day of execution as his
voluntary act and deed for the uses and
purposes therein contained; that said
John w. Simpson, after receiving said
deed failed to have the same recorded in
the said county ofSaline. 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 X. 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 lame signed
thereto was written by him, that it was
the intention of said Zadock to fully con-
vcy by said deed to said JOIN w. all his
Interest in and to said real estate to sale
John 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
/ L-duOCh HIS 1T uitcTS tItt Lie IAC uttt
of sail conveyance acknowledged and adj
mitted that he had for a valuable consid-
eratioii conveyed said real estate to his
brother, said John W. simpson, that the
number ''6706' We're used by him to rep
resent the southwest quarter of section
nineteen (19), township fifty-one t5ll-
range twenty-five (22), and that the mum
.'670J" TO represent the southwest quarter
of section eighteen QS), township fifty
one (3ll, range twenty-five (22), they be-
ing the numbers of certificates 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 n 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 in
duty bound. j. R.yVANCE,
Attorney for Petitioners.
Joseph r Lubbock 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 pc
tition are true to the best of their knUwl-
edge and belief j. X. LUNBECK.
w. III. 1.UNBECK.
Subscribed and sworn to before me at
my office in Marshall, Saline county, Mis-
s juri, this oath day of June, 1872.
j. X. VANCE,
aug, Iw4pfs25, Notary Public.