Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1889-05-31
ORDER PUBLICATION
Term Time, April Term 1889.
April 26, 1889, Adair Circuit

James Wait Public Administrator of Adair
county, state OF Missouri having in charge
.ne i estate OF William Brice deceased, plain
tiu va Harvey l.. Clifton, Joshua Gray and
Abraham Mcclure defer dants
Petition on note and to foreciose mortgage.
NOW At this day Games the plaintiff herein by
, ns as'orneys ana on his motion. ana it appear
ing to to the court that the orders heretofore
Inade by the court herein to notify said defen-
dant Gray by Publication in q n. Yspauer hava
not been complied with and il further appear
ing 10 Ihe court from the afi.lavit OF Plaintiff
MED herein at this term of court that said
Defendant Gray is a non resident OF the state OF
missouri. 1t Is therefore ordered BY the
court tnat you the said defendant Joshua Gray
De n0tined 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; "thst one William
Brice \. ID. lS0, 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 Adair
county, state of Missouri tO-wit:
The south west fourth Of the southeast quar-
yer OF section twenty COY and the north half Of
the north east quarter OF section twenty nine
sEy township sixty three (6sl 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 i've hundred and
hfty five dollars and that the balance Ia Sill
due and unpaid. That said Erice is dead, that
the plaintiff is public administrator OF
OF SAID Brice in said county of Adair as such
administrator, that on January sth, A D. 1875
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-
iendant Clifton to defendant McGuire OF even
date with said deed to YOU One for three hun-
dred collars due ~ months after date and one
OF four hundred dollars due 2 years 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 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
TO the plalntin 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
lief
And in the second count of said petition
stating That Defendant Clifton on October
10 y. ID. 1sl0, 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
uateof said mortgage deed to be paid by Sep
teInber lst. 1872, and said mortg gage deed to be
Yoid upon payment of said sum. That $40 90
| has been paid on said mortgage debt and tina:
the balance OF said snm with interest is due
and unpaid. That said BIice departed this life
June 18th ISIS, and that plaintiff as public ad-
ministrator OF Adair county, Missouri, has
| Adair; that said mortgage deed was lIed for
| record in the Recorders Office for said county
l OF Auair. October 9th, lssG and duly recorded
| therein, also that defendant Clifton on Japu-
airy oth, 1916, made his deed to you Defendant
| Gray as hereinafter stated and ON the real rs-
| tate Aforesaid and for the purpose aforesa aid
| that said deed was also fled for record in the
| recorders Office for said county OF Adair on
! SiaTcn 2ith, ls'6 and recorded therein, said
| deed 10 be void upon the payment Of said debt
70 SAID McGuire That there was no consider
alton for said notes or said .ieed of trust.
flaIntin also states therein that at the time
oi maklng SAID deed 90 you defendant GRAY TO
secure SAID notes 20 said defendant 1Ic6uire-
that SAID defendant Mcclure had notice OF the
ManlIs OF sald Mortgage deed by defendant
Clifton to said William Brice and that the t!ebt
secured thereby was unpaid and took
the same subject thereto. A,d PRAYING for
Judgment against the defendant Clifton for the
9alance due on said mortgage debt TO aid
Bricc-that said mortgage deed foTecIose1 nd
said real estate be sold to pay said mortgage
dept ana That the deed Of defendant Clifton to
you defendant Gray and the lien thereunier be
decreed subsequent to the mort gage deed OF
lief.'
And it is further ordered By the court that
you the defendant Gray be and appear in thfs
court on the lst day Of the next term hereofto
oe begun and held at the court house door in
the city OF hirksyiile in said Adair county
commencing on the second Monday in Octot.r
A. ID. lss9. and answer said petition or the
same Will be taken confessed against Won
II is further ordered that copy hereofbo pub
Iished IN tne Weekly Graphic, 8 newspaper
published in the said county of Adair. state Of
missouri, for four week successively the Last
Insertion to be at least four weeks before tba
commencement OF the next term of this court
and THIS cause Is by the cour. continued.
y true copy. Attest
j. b. DoDsoN, Clerk.