The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1877-04-12

unknown heirs of
said deceased, De-
] PENDANTS.
To the above defendants.
you are hereby notified that there Is now on
file in the Office OF the Clerk of the Circuit
Court in and for the County Of Cedar
aforesaid, . petition Of John H. Crees, in
which he alleges that the said Andrew Muir
ply late of said county dice in the year 1850 or
previously thereto; that letters Of admins.
tration on the estate of said Andrew were
duly granted unto Sarah Murphy, widow
OF said decedent and the said 8. A. Bissell:
that the personal estate Of said deceas ed
not being sufficient to pay the debts owing
by him at his death, on a proper application
therefor, by the said administrators, the
probate Court Of said county on the 4th day
of November 1850 duly licensed and EN-
powered the said administrators to sell the
real estate of said deceased, or so much
thereof as might be necessary, for the pay
ment OF said debts, and the costs and
charges Of administration: That under and
by virtue of said license, the said administra-
tors sold to the said John II. Crees, on
the Goth day Of January 1851, the tollow wing
real estate in said county, viz Lot five Isl
in the east half Of section thirty six 1861 and
the southeas quarter of the south west
quarter Of said section in Township seventy
nine l19l north Of range three in said county.
that the said John Ii. Crees having fully
complied with the terms and conditions OF
the said sale, the said Administrators on or
about the 10th day OF March 1854, executed
to the said John II. Crees deed which was
duly approved by the said probate Court;
That said deed by mistake improperly de,
scribes the said premises In this--instcad of
conveying the south east quarter OF the
south west quarter, it conveys the south
east quarter Of the southeast auartcr--a
tract which the said deceased never owned.
ar had anV int ~ In. hal tn
thereupon took possession of the said lands
first herein described, and continued
to occupythe sameas owner there
OF until the year 1864, when
he conveyed to John booth, by deed with
full covenants of warranty, intending to
convey the land first herein described, but
the description in the deed TO the said Booth
being taken from the deed to the said Crees
by the said Administrators has the same
error in description; that the said error was
wholly unknown to the said Crees, and his
said grantees until sometime In the year
1876; that the right and title of the said
Crees, and his grantees in and to the lands
SO by him In fact bought, being the lands
first herein described, has never been doubted
or called In question; that the said Sarah
Murphy died shortly after the execution OF
sad deed, that the said Andrew Murphy
left one or more heirs, but that the names
and residences Of such heirs are unknown
TO him, although he has sought diligently
to ascertain the same
The petition prays that the error In said
deed may be corrected, and that the said i.
A. Bissell rs surviving Administrator be
authorised and empowered 10 execute a
corrected deed fer said premises, with
true description Of the premises so sold 10
said Crees. and that until such deed is made
the decree OF court directing such correction
stand and have all the force and eject OF
such corrected deed.
BRANNAM A. JAYNE, Atty's
The State Of Iowa, IS.
The foregoing noticris hereby approved. /
and 1t 10 ordered that publication OF the
same be made In the THROW ADyEkTIsrK |
9 newspaper published at Upton In said
State, weekly for six consecutive weeks,
Witness my hand this 2lst day OF February |
1911. JOHN McKEAN
Swll Judge Circuit Court, sth Jud. Dist. |