The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1877-03-29
Original Notice.


In the Circuit
Court Of Iowa,
within and for said
John II. crees,
plaintiff, VS.. 3. A.
The Safe OF Iowa. -. Bisscll surviving
Cedar coHnty 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
flr in the Office Of the Clerk OF the Circuit
Court in and for the County Of Cedar
aforesaid, petition Of John II. Crecs 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
tratlon on the estate Of said Andrew were
duly granted unto Sarah Murphy, widow
OF said decedent and the said s. A. Bisseli;
that the personal estate OF eaid deceas ed
not being sufficient to pay the debts owing
by him at lis 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. Cree., on
the 10Th day of January 1851, the following
real estate i'll said county viz. Lot five Is
| In the east half of section thirty six 1861 and
the south east quarter of the south west
quarter of said section in Township seventy
nine II3i 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 instead OF
| conveying the south east quarter OF the
| soath west quarter, IT conveys the south
| east quarter Of the southeast quarter-a
| 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 samsas owner there
of until the year 1864 when
he conveyed to John booth, by deed with
inii 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 Crecs
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 Ia the year
/ 1896 that the right and title OF the said
| Crees, snd 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
| 10 ascertain the same.
| The petition Pray that the error In said
/ deed may be corrected, and that the said =
A. bssell as Surviving Administrator be
| authorised and empowered to execute a
| corrected deed for said premises, with a
true description Of the premises 80 sold To
said Grees. and that until such deed Is m ade
the decree Of court directing such correction
stand and have all the force and effect of
| such corrected deed.
BRAsNAM & JAYNE, Atty's
! The State Of Iowa, rs
The foregoing notice il hereby approved
and 1t IL ordered that publication Of the
same be made 10 the 1Irros ADygnrIsRp
Z newspaper published at Upton In sald
state, weekly for six consecutive weeks,
Witness my hand this 2ist day Of February
| 1877. J0JJS InRVAH
OWL Judge Circuit Court, 9Th Jnd Dist.