The Butler weekly times., 1896-10-15

fed that in pursuance Of a commission issued
by the clerk of the circuit court of Bates county
upon the order of James I'll Lay, Judge OF said
court, made upon the petition and application
of the undersigned, and which said petition and
order is follows, certified to by the clerk of
said court:
PETITION AND ORDER,
| STATE OF MISSOURI,
County of Bates,
| Before Hon James ii Lay. Judge al the Circuit
| Court of Bates County, Missouri, in vacation,
at Chambers.
| Petition for commission TO take depositions 10
perpetuate testimony.
TO Hon. James Ii Lay, Judge of the 29th judi
cial circuit of Missouri; and Judge Of the circuit
| court of Bates county. Missouri:
Frank Alien and Maud 4 Allen. your petit
| TONERS, most respectfully represent. that they
| are the owners, in fee simple and in the pos
session of the following described lands in Bates
| county, Missouri. to-wit: The northeast quar-
ter of the northeast quarter of section eight -
| in townehip thirty-nne t39 of range thirty-one
| t3Il. That the chain of title to said land runs
| by regular conveyances from the nited states
| To one John Cassen That said John tasseii.
| joined by Nancy j Cassell. his wife. conveyed
| said land to one Mary Ann Snapp by general
| warranty deed. made, executed and delivered
| by and through J NJ Rogers. their attorney i'll
| fact. That by regular conveyances from said
| Mary Ann Snapp and her subsequent grantees.
these applicants acquired title 10 said lands and
are now the owners and in the possession thereof.
| That the said Rogers, who. ; attorney in
| fact for said John Cassell and Nancy } Casseli.
| executed and delivered the said deed of convey
| ance from said John CaSsell and NancyJ CaSSei
| his wife. to said Mary Ann Snapp, had a duly
| executed and acknoWl Wledged power Of attorney
| from said John Cassell and wife Nancy J Cas-
| sell to him, the said J NJ Rogers, authorizing
him to sell said lands above described. and To
| make, execute and deliver said deed of convey
| ance for and in behalf of them, the said John
| Cassel and his wife Nancy J. Cassen. That
| under and by authority Of said power of attor-
| ney, the said deed was made, executed and de-
! iiyered, and the consideration therein express
|
| recorded in the office OF the recorder of deeds
in and for Bates county, Missouri, and has
| since been lost or destroyed That said instru
| ment is a necessary link in these petitioner ;
| chain of title 10 said lands. That these petition
| ers can prove the execution, delivery and con-
| tents of said power of attorney and also the
consideration for said deed, by J NJ Rogers who
| lives near Pleasant Gap post-oice in Bates
county, Missouri. and by J Hale. who lives
| in Butler, Bates county. Missouri.
| These petitioners further state that there is no
| suit now pending wherein the title 10 said land
| is in dispute and wherein this said testimony
| would be material, but that there may be such
| suit in the future and such testimony be very
| material. That the said John Cassell is now
dead and left as his heirs and children Marshall
Cassell, Oliver Ca-sell and Thena tassell, all
| of whom are non-residents of Missouri. which
| facts can be shown by the testimony of said
| witnesses aforesaid.
| Wherefore these petitioners ask that order
| be made directing the clerk of the circuit court
| of Bates county, Missouri, To issue commission
| under the seal of his said court. directed to any
| judge, justice of the peace, notary public. or
| clerk Of any court of record of Bates county,
| Missouri, authorizing said officer officers
! any of them To cause said witnesses 10 be sub
pgnaed and brought before such officer, and the
testimony of said witnesses To be taken, so that
the same may be perpetuated and filed and re-
| corded in the Office of the recorder of deeds in
| and for Bates county, Missouri, is provided
| for under the provisions of Chapter No. l59 of
| the Revised Statutes of Missouri tlssg).
| FRANK ALLEN,
MAUD \. ALLEN,
| Petitioners.
slAlh r.hn,r Or Of Hisso' Rs,s H. IS. Affidavit,
| Frank Allen and Maud \ Allen, being duly
| sworn according to law, upon their oath state
| that they are the petitioners in the foregoing
| petition. That the facts set forth in their said
petition are true and correct.
FRANK ALLEN.
| MATp A. ALLEN.
Subscribed and sworn to before this the
| c. p CATRoN.
| tsEALl Notary Public
Ny term will expire Jan. 30, ls99.
ORDER FOR COMMISSION To TAKE DISPOSITIONS
TO PERPETC xTE TESTIMONY.
| Now, on this 1st day of October 1s.ti, come
! their petition, verified and supported by their
| oath and affidavit, TO the undersigned judge Of
the circuit court of Bates county, Missouri, in
| vacation at Chambers in Clinton. Missouri, in
which said petition it appears thatt It's necessary
| TO perpetuate the testimony of NJ Rogers and
J Hale, witnesses who live in Bates county.
| Missouri, concerning the delivery, execution
| and contents Of a certain power of attorney to
| sell lands and make deed therefor, made and
| executed by John Cassell and Nancy J Cassell, ,
| his wife to j NJ Rogers. as well as to prove the
loss of such instrument before it was placed of
record, as well as other facts fully set out in
said petition, and by which petition and afida-
Wit it further appears that said instrument of
| writing is and constitutes a link and convey
| ance in the chain of title to the following
described lands in Bates county, Missouri. to-
| wit: The northeast quarter OF the northeast
quarter of section eight te) in township thirty
nine $50 of range thrty-one t3ll; which said
lands are owned by said petitioners. and which
said petition further prays and asks that the
Judge of said Bates county circuit court make an
order directing the clerk of said court under
| the seal of said court. to Issue a commission
| directed to any judge, justice Of the peace,
notary public, or clerk of court of record in
| said Bates county, Missouri. for the taking of
| the deposition of said witnesses 50 that their
said testimony may be perpetuated under the
provisions of the laws of the state of Missouri
| Wherefore, the premises being considered, it
is ordered that the clerk of said court do issue
commisson, directed TO any judge. justice of
the peace, notary public, or any clerk of any
powering and autorizing such officer to cause
| said Rogers and J Hale. both of Bates
county, Missouri. TO come before such officer
| and their said testimony and dispositions to take
and record. as provided by Chapter 159 of the
Revised Statutes of Missouri 1ssa). And ii is
further ordered that the said clerk file the petit
| ton hereto attached in his office and make a
proper record entry of such filing, and record
and spread upon the records of his office this
said order. Given under my hand this the 1st
day of October. lS.tj.
| JAMES II. LAY,
| Judge of Bates county Circuit Court.
STATE OF MISSOURI
County of Bates,
/, Stewart Atcheson, clerk of the circuit court
of Bates county. Missouri, do hereby certify
that the above and foregoing is true copy OF
the original petition of Frank Allen and Maud
\ Allen praying for the issuance Of a commits
sion To take the dispositions OFF NJ Rogers and
j Hale. for the purpose of perpetuating their
testimony, as the same appears file in my
said office ,as well a. of the order made by
Judge James III Lay. the judge Of said court as
such order appears on file and of record in my
| said Office.
| further certify that in pursuance Of such
| order have on this the End day Of October
| lsss5, issued commission for the taking Of such
dispositions. at such time and place. as the said
petitioners may direct in said Bates county
In witness whereof have hereunto
| SEAL set my hand and aft xed the seal OF the
circuit court of Bates county. at INV
ONCE in Butler. Missouri, this Ind day of oct0-
Der. is.S. STEW ART ATCHESoN
| Clerk of the Circuit Court of
| 4s-3t Bates County, No.
hat txx-ar r6az z.Ji