Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1889-05-17
THEODORE BRIGHAM,
Treasurer.
ORDER PUBLICATION
Term Time, April Term 1889,
April rs, 1889, Adair Circuit
Court.

James Wait Public Administrator OF Adair
county, state of Missouri having in charge
the estate of William Brice deceased, plain,
tilf VS. Harvey l.. Clifton, Joshua Gray and
Abraham McGuire, defeL dants.
Petition on note and to foreclosc mortgage.
Now at this day Games the plaintiff herein by
his attorneys and on his motion, anu 1t appear
ing to TO the court that the orders heretofore
made by the court herein to notify said defen-
dant Gray by Publication in newspaper have
not been complied with and IL further appear
ing to the court from the affidavit of Plaintin
filed herein at this term of court. that said
defendan Gray is o non resident of the state or
Missouri. 1t Is therefore ordered by the
court that you the said defendant Joshua Gray
be notified that the plaintiff has commenced
suit by Petition herein against you and the de-
PENDANTS above named in this court stating in
| the first count. thereof; THAT one William
| Brice 4. ID. 1870, for the consideration OF nine
numbered dollars granted bargained sold aud
conveyed unto defendant HnrSeyL Clifton by
deed the following real estate lying in Adair
| county, state of Missouri to-wit:
| The south west fourth OF the southeast quar-
| ter of section twenty t30) and the north half of
| the north east quarter oil section twenty nine
| (29) township sixty three (63l range seventeen
| u7j west and that defendant Clifton soon there
after entered into possession thereof and is
now in the possession thereof: subject to the
payment of said purchase money. That said
Clifton has paid on said sum five hundred and
fifty five dollars and that the balance is still
due and unpaid. That said Brice is dead, that
the .plaintin is public administrator OF
of said Brice in said county of Adair as such
administrator, that on January sth, a. ID. ls.t
defendant Clifton conveyed TO you the SAID
Joshua Gray by deed the said real estate in
trust to secure two notes executed by said de-
fendant Clifton to defendant McGuire OF even
date with said deed to you: One for three hun
dred dollars due IL months after date and one
of four hundred dollars due wears after date
bearing ten per cent interest per annum from
the date thereof, that said notes and deed are
without any consideration therefor,
to You with full knowledge upon the part O.
said McGuire, that the purchase money afore-
said was unpaid, at the date Of said deed o.
: trust, and praying that judgment be giyer
TO the plaintiff for balance said purchase mon
) ey with six per cent interest thereon from date
of said contract sale, that lien therefor b'
charged upon said real estate and the same b'
: sold to pay said judgment and fOr. general re
lief
And in the second count of said petition
= stating 'That Defendant Clifton on Octobe
IL \. d. ls10, mad, and delivered to one vii
liam Brice his certain mortgage deed convey
ing to him the real estate aforesaid to secur
the payment of the sum OF five hundred dollar
= with six per cent interest thereon from tn
, dateof said mortgage deed to be paid by Sep
0 tember lst 1872, and said mortgage deed to b
y y void upon payment of said sum. That Sl5O q
u has been paid on said mortgage debt and tina
: the balance of said sum with interest is du
D and unpaid. That said BIice departed this lif
June 18th ISIS, and that plaintiff as public ad
" mnistrator OF Adair county, Missouri, ha
n Adair, that said mortgage deed was filed TO
U record in the Recorders office for said count
n of Adair. October 9th, lSaG and duly recorde
- therein, also that defendant Clifton on Janu
, airy sth, 1876, made his deed to you Defendan
n Gray as hereinafter stated and on the real cs
v tate aforesaid and for the purpose afOresai
4 that said deed was also fled for record in tn
n Recorders office for said county of Adair o
U March 9th, 1876 and recorded therein, sal
n deed to be void upon the payment of said del
" to said Mcclure That there was no consider
} alton for said notes or sqil deed q 9b 9h trnsi
d eeid .Haa therein 4 e a,haa thal 5 le r-d lr
n secure said notes 10 said defendant AlcGuire-
" " that said defendant Mcclure had notice of III
U making of said Mortgage deed by detendaE
n Clifton 10 said William Brice and that the del
" secured thereby was unpaid and too
n the same shbiect thereto. And pravine fc
D balance due on said mortgage debt TO sal
n Brce-that said mortgage deed foreclOsed an
" said real estate be sold to pay said nGrtgae
n debt and that the deed of defendant Clifton
q You defendant Gray and he lien hereunder b
v decreed subsequent to the mortgage deed {
: said Clifton to said Brice and for general Re
y lief.'
o And it is further ordered by the court th1
: you the defendant Gray be and appear in thi
} court on the lst day OF tleneXt term hereOft
n be begun anu heid at tine court house door i
v the city OF kirksyille in said Adair county
D commencing on the second Monday in Dctobe
. y. ID. lss9, and answer said petition or tn
, same will be taken as confessed against you
= 1t is further ordered that copy he-eofbe pub
= lished in the Weekly Graphic, a neWspape
o published in the said county of Adair, state Q
n Missouri, for four week successfully tine las
U Insertion to be at least four weeks before tn
n commencement of the next term of this cOur
= and this cause is by the court continued.
D a true copy. Attest.
J. 3. DoDsoN, Clerk