The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1877-04-05

Original NOsicc.
II the Circuit
Court OF iowa,
within and for said
John n. cr.e.,
plaintiff, W. 8. A.
The Safe Of Iowa. Bissell surviving
Cedar eosnty 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 10 now on
fls in the office Of the Clerk OF the Circuit
Court In and for the County 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
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 = 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 decexs cd, or so nucb
thereof as might be necessary, for the pay
ment OF said debts, and the costs and
charges Of administrations: That under and
by virtue of said license, the said admipistra
tors sold to the said John H. Crees, on
the 10th day OF January 1851, the follo wing
real estate In said county viz Lot five ri
IN the east half of section thirty six 1861 and
the southeast quarter OF the south west
quarter OF said section In Township seventy
nine WI north OF range three in said county.
n bss. LII, Z.
compiled 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. Cress deed which was
duly approved by the said probate Court:
That said deed BY mistake improperly de-
scrihes the said premises in this-instead of
conveying the south east quarter OF the
south west quarter, 1t conyeys the soutb
east quarter OF the south east ouarter-a
tract which the said deceased never owned
or had any interest in; that the said Crees
thereupon took possession OF the said lands
nrst herein described, and continued
20 o %n,,I 'amess owner there,
he conveyed to John booth, bs deed when n;,h
full covenants of warranty, Intending Ia
convey the land frat herein described' hut
the description in the deed to the said Booth
being taken from the deed to the ssid Crees
~ the said Administrators has the same
c'!V III Inscription, that the said error WAS
wholly unknown to the said Crees. and his
said grantees until sometime In the wear
1876; that the right and title Of the said
crecs, and his grantees in and to the lands
90 by him In fact bought, being the lands
nrst herein described has never been doubted
or called In question; that the said Saysh
murphy died shortly after the execution Of
sad dced, that the said Andrew Murphy
left one or more heirs, but that the names
ane residences Of such heirs are nuknovn
20 him, although he has sought diligently
to ascertain the same.
Inc petition prays that the error in said
aeed may be corrected, and that the said 4
A. bisseii as surviving Administrator bc
authorised and empowered to execute =
corrected deed fer said premises, with :
true dcs criptiOn OF the premises 90 sold Ia
sais erees. and that until such deed IA ode
the decree OF court directing such correctiaa
stand and have all the force and e9.c, =,
such corrected deed VI
The State Of Iowa, IS
Inc foregoing NOTICES her, by approvea
ana 1t Is ordered that publication ~ the
same be made in the TIPrON ApyERr,srp
: newspaper published at Upton in a.iI
CtaLe, weekly for elk consecutive weeks
". witness my hasd this 2lst day OF February
s",;; JOHN kcKEAN
s~il Judge Circuit Court, stL Jud. Di.,