Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1889-05-24
ORDER PUBLICATIONS
Term Time, April Tern 1859,
April 26, 1889, Adair Circuit
Court.

James Walt Public Administrator Of adair
county, state OF Missouri having In charge
the estate OF William Briee deceased, plain
til VS. Harvey l.. Clifton Joshua Gray and
Abraham McGuire, defeI dants.
Petition on note and to foreciose mortgage.
Now at this day Games the plaintiff herein by
his attorneys and on his motion. and il appear
ing to 10 the court that the orders heretofore
made by the court herein to notify said defen-
dant Gray by Publication in a newspaper have
not been complied with and il further appear
ing to the court from the affidavit of Plaintiff
filed herein at this term OF court. that said
defendant Gray is non resident of the state OF
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 a. ID. 1870, for the consideration OF nine
Numbered dollars granted bargained sold and
conveyed unto defendant Harvey l.. Clifton by
deed the following real estate lying in Ad&ir
county, state of Missouri to-wit:
The sonth west fourth of the southeast quar-
ter OF section twenty t20l and the north half OF
the north east quarter OF section twenty Dins
| iZ9) TOWNSHIP sixty three (63l range seventeen
90 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 plaintiff is public administrator OF
| said Adair county and has in charge the estate
| of said Brice in said county of Adair as such
administrator, that on January sth, A. ID. 1876
defendant Clifton conveyed TO you the said
Joshua Gray by deed. the said real estate in
trust to secure two notes executed bT said de-
| fendant Clifton to defendant Mcclure OF even
date with said deed to YOU One for three hun
dred dollars due l2 months after date and one
of four hundred dollars due wears after date
bearing ten per cent interest per aunum from
the date thereof, that said notes and deed are
| without any consideration therefor,
and that said deed OF trust was mad
to you with full knowledge upon the part of
said Mcclure, that the purchase money afOre-
said was unpaid, at the date Of said deed OF
trust, and praying that judgment be given
10 the plaintiff for balance said purchase mon
ey with six per cent interest thereon from date
of said contract sale, that a lien therefor be
charged upon said real estate and the same be
sold to pay said Judgment and for general re-
lief
And in the second count of said petition
stating THAT Defendant Clifton OF October
ID \. ID. 1s10, mad. and delivered to one Will
liam Brice his certain mortgage deed convey
ing to him the real estate Aforesaid to secure
the payment of the sum OF five hundred dollars
with six per cent interest thereon from the
dateof said mortgage deed to be paid by Sep
tember lst .lsls, and said mortgage deed 70 be
void upon payment of said sum. That $50 90
has been paid on said mortgage debt and that
| the balance of said sHm with interest Is due
and unpaid. That said Brice departed this life
June 18th ISIS, and that plaintiff as public ad-
ministrator OF -idair county, Missouri, has
| taken charge of his estate in said county OF
Adair, that said mortgage deed was filed for
record in the Recorders Office for said county
of Adair. October 9th, Is7G and duly recorded
therein, also that defendant Clifton on Janu-
ary eth, 1876, made his deed to you Defendant
Gray as hereinafter stated and on the real cs-
tate aforesaid and for the purpose aforesaid
that said deed was also filed for record in the
Recorders office for said county of Adair on
| March 9th, ls16 and recorded therein said
deed 20 be void upon the payment Of said debt
to said Mcclure. That there was no consider
alton for said notes or said deed Of trust
| Plaintin also states therein THAT at the time
| Of making said deed 20 you defendant GRAY to
secure said notes To said defendant MeGuire-
that said defendant Mcclure had notice of the
| making of sand Mortgage deed by defendant
! Clifton to said William Brice and that the debt
secured thereby was unpaid and took
| the same subject thereto. And praving for
balance due on said mortgage debt to said
| Brice-that said mortgage deed foreclOsed and
sald real estate be sold to pay said mortgage
debt and that the deed OF defendant Clifton TO
you defendant Gray and the lien hereunder be
decreed subsequent 70 the mortgage deed Of
said Clifton to said Brice and for general re-
lief"
And it is further ordered by the court that
yOu the defendant Gray he and appear in this
| court on the lst day of the next term hereOrto
be begun and held at the court house door in
| the city of Nirksville in said Adair county
commencing on the sesOhd Monday in october
| y. ID. lsc9. and ansv 7 said petition or the
| same viii be taken as confessed against you.
! 1t is further ordered that copy hereofbe pub
| ilshed in the Weekly Graphic, q newspaper
published in the said county of Adair, state of
| Missouri, for four week successiyely the last
Insertion to be at least four weeks before the
commencement of the next term of this court
and this cause is by the court continued.
y true copy. Attest.
J. b. DoDSoN, Clerk.