Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1889-06-07
ORDER PUBLICATION
Term Time, April Term 1889,
April rs, 1889, Adair Circuit

James Wait Public Administrator of Adair
county, state of Missouri having in charge
.is tne estate OF William Brice deceased, plain
TN VS. Harvey l.. Clifton, Joshua Gray and
Abraham Mcclure, defendants
fetluon on note and to fcreclose mortgage
NOW at this day Games the plaintin herein by
ms attorneys and on his motion and it appear
ing to TO the court that the orders heretofore
made by the court herein to notify said defen-
uanL Gray by Publication in a newspaper hays
not been complied with and il further appear
ing TO the court from the affidavit of Pfaint1
hled herein at this term of court, that ~
asienuant Gray is non resident of the sta.of
missouri. 1t is therefore ordered byths
court that you the said defendant, Joshua ray
oe notlned that the plaintiff has comm;cei
SUIT Dy Petition herein against YOU and % de-
snaants zen an above named in this court stang in
brlce ~ ID: 1870, for the consideration nine
numbered dollars granted bargained sd aud
conveyed unto defendant Harvey L. Clfon by
deed the following real estate lying iAdsir
county, state of Missouri to-wit:
Inc south west fourth of the southes quar-
yer yer Oh section twenty t2o) and the northaIf of
l29) township sixty three (e3) range yenteen
% west and that defendant Clifton sn there
after entered into possession there and Ia
now in the possession thereof: subt to the
payment of said purchase money hat said
CLIFTON has paid on said sum five hyred and
nity hve dollars and that the balse Is still
que que and unpaid. That said Brice sad, this.
the .piaintin is public adminrator OF
said Adair county and has in charthe estate
OF said Brice in said county of Al as such
a,aitnln,lstrator, that on January sta. d. 1916
Joshua gray by deed. the said Il estate in
trust to secure two notes executey said de-
lendant Clifton to defendant McGe ofeven
GATE with said deed to you: One fthree hun
dred dollars due l2 months afterte and one
Of four hundred dollars due Vi after date
bearing ten per cent interest pernnum from
without any co consideratio d % therefor' here Dr.
and that said deed of ST. mad
to you with full knowledge NJ the part OF
SAID AID McGuire, that the purchasoney afore-
sAlu was unpaid, at the date iald deed OF
trust, and praying that judSet be given
10 the plaintiff for balance said uhase mon
ey win SIX per cent interest theSfrom date
OF SAID contract sale, that a lerherefor be
charged upon said real estate apa came be
sold TO pay said judgment snefofineral re-
And in the second count of sapetition
stating THAT Defendant Clifton lOctober
10 ~ ID. 1870, made and delivered tne Will
nam Brlce his certain mortgage deSonyey-
ing 10 him the real estate aforesaiA sscure
the payment OF the sum OF i've huncAtoilars
with six per cent interest thereon I'm 'ths
dateof said mortgage deed to be pay sep
tember lst ,lsae, and said mortgage n to be
Yoid upon payment of said sum. T4I5O m
has been paid on said mortgage debit mar
the BALANCE OF said snm with inter4s airre
and unpaid. That said BIice departe1s i;fs
June 10Th 1873, and that plaiutid rs 1cat
ministrator OF Adair county, MissS nd
taken ah.. charge Of his estate in said Styyos
Auair, that said mortgage deed WASH for
record in the Recorders Office for sait,nft
OF Adair. October 9th, 1870 and duly Ed:a
therein, also that defendant Clifton H.
ary sth, 1876, made his deed to you D6,nt
Gray as hereinafter stated and on the a.
tate aforesaid and for the purpose laid
that SAID deed was also filed for recO11tbe
Kecofders Office for said county Of q on
March 2tth, 1876 and recorded ther6aiJ
aeed 70 be void upon the payment OF s&ebt
to said Mcclure. That there was no cH sS
alton Tor said notes or said deed az
fiaintin also states therein THAT at ma
OF making said deed 10 you defendant to
secure said notes to said defendant MI -
that said defendant Mcclure had notiSitba
making OF said Mortgage deed by d3ane
clifton to said William Brice and that ~.
secured thereby was unpaid aSeok
the same shbject thereto. And praI sor
judgment against the defendant CIitO1z ~
balance due on said mortgage Jebfia;5
Brice-that said mortgage deed forecI 81
said real estate be sold TO nav said n
debt and that the deed Of defendant al 81
you defendant Gray and the lien tbere8 ~
uecieeu subsequent to the mortgagae ~
lief' 1re-
And 1t is further ordered By the co..,
you the defendant Gray be and appesH -.
court on the lst day OF the next term ~.
De begun and held at the court hous 70 "
Ihe city OF kirksville in said Adair H.
!, i,oinn,hencins ~ me-; on the second Monday in(bsr1
a II. 1853. and answer said petitidm -
same will be taken as confessed agajG .ne
u IS faither ordered that q copy hereodIs
hsneu IN the Weekly Graphic M
published In the said county OF Adnir Zpess
missouri, for four week successiyeiyFo
Insertion to be at least four weeks a.
OF the next term OF i 0.ne re
and this cause is by the court contin - uti
A true copy. Attest
l. R DOpcov Cql