The Tipton advertiser., 1877-04-12

In the Circuit |
Court OF Iowa,
within and for said
county.
John H. Crees,
plaintiff, VS.. s. A.
The Safe OF Iowa. a. Bissell surviving
Cedar county administrator OF
Andrew Murphy
late OF said county
deceased, and the
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 Comfy of Cedar
aforesaid, petition of John II. 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 deceased
not being sufficient to pay the debts owing
by him at bis death, on 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 detts, and the costs and
charges of administration: That under and
by virtue of said license, the said adminstra
tors sold to the said John H. Crees, on
the 10th day of January 1881, the following
real estate in said county, viz. Lot tve F5
in the east half of section thirty six 1861 and
the south-eas. quarter Of the south west
quarter OF said section in Township seventy
nine lI9 north Of range threein said county;
that the said John II. Cress 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-
scrbes the said premises in this--instead of
conveying the south east quarter Of the
south west quarter, it conveys the south
east quarter of the southeast quarter
tract which the said deceased never owned,
or had any interest in; that the said Crees
thereupon took possession of the said lands
first herein described, and continued
to occupythe samess owner there
Of until the year lsG4, 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 Administrator has the same
| error in descriptions 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
| drst herein described has never been doubted
or called in question; that the said Sarah
Murphy died shortly after the execution oi
| said 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 s
| A. Bissell as surviving Administrator be
| authorised and empowered to execute 9
corrected deed for said premises, with 9
| true description of the premises so sold Ia
| said Crees. and that until such deed is made
the decree of court directing such correction
| stand and have all the force and effect ol
such corrected deed.
BRANNAM & JAYNE, Atty's
The State of Iowa, SIS.
The foregoing notice is hereby approved
and 1t is ordered that publication of tht
same be made in the TIPToS ADVERTISER
newspaper published at Upton in said
| State, weekly for six consecutive weeks.
Witness my hand this 2lst day of February
1877. JOHN NcKEAN
CIVIL Judge Circuit Court, sth Jud. Dist