The Butler weekly times., 1896-10-29
Notice to Take Dispositions to Per
petuate Testimony Application
and Petition of Frank Allen and
Maud A. Allen. TX Parte.

10 Marshall Cas-cll, oliver Cas-cll, Ihrna
ta-seli, children Of J"nn Cas-''ll, deceased, ana
- Nancy j Ca--ril. HItr Ui john La--rIl, IL
ceased, and u all other rhiIir'D or other legal
heirs o! said John Ca-scll. decreased, ii any sHeh
there be. fVu and each Of y"U arr h"r'Hy h"li =
Ied thai ia pur-uanr" Dt commission i~~Hc'i
by the clerk Df the circuit court Of Bale county
Missouri. which -aid commission Wa issued
upon tnc order of James II Lay, Judge 81 said
court. made upon the petition and Application
OF the undcr-i gnrd. ami which SAID petition ami
order i Follow, as certified to by The clerk Of
-a4d court
PETITION AND ORDER.
STATE or MI~sDI ri.
County oi Bates.
Before Hon .Iamr. II Lay. Judg. of the circuit
Colrt or Iiatc- County, Missouri, IN 'aeation,
at Chamber
Petition for rouTni--l 10 take dcPpsl lions 10
- IIon ,Iainr- II Lay, Judz" of the 10Th judi
ciaI circuit Of Missouri. and Judge Of the circuit
COdFL Of Bate county, Missouri.
frank Allen and Maud ! Allen. your petit
TONERS. most respectfully represent, that they
are The owner, in fee -lmple, and ia the pos
session nf the following described lands in Bates
county, Missouri. tO-Wit. IN" northeast quar-
ter Of the northeast quarter of section eight -
u townehit tmrty nine GEb OF rang ihlrty one
t+I}. That the chain al title to said land runs
by regular CUnvryanceS from the nited states
~ one John Cassell. That said John Cassell.
Joined by Nancy j CasseIl, his wife, conveyed
said land to one Mary Ann Snapp by general
warranty deed. made, executed and delivered
by and through Rogers, their attorney in
Mary Ann snapp and her subsequent grantees,
these applicants acquired title to said lands and
are now the owners and in the possession thereof.
That the said j VI Rogers, who, attorney in
fact for said John Ca7sel and Nancy J Cassell,
executed and delivered the said deed of convey
ance from said John Cassell and NancyJ Cassell
his wife, To said Mary Ann Snapp, had a duly
executed and acknowledged power of attorney
from said John ta5scll and wife Nancy j ta--
sell to him, the said } NJ Rogers, authorizing
him 10 sell said lands above described. and To
and deed
ance for and in behalf of them, the said John
tassell and his wife Nancy }. Casscll. That
ney, the said deed was made, executed and de-
iyered, and the consideration therein express
I'd paid. That said power of attorney was not
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 necessary link in these petitioners
chain OF title to 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 office in Bates
county, Missouri, and by i G Hale, who lives
in Butler, Bates county. Missouri.
These petitioners further state that there is no
suit now pending wherein the title To said land
is In dispute and wherein this said testimony
would be- material, but that there may he such
suit in the future and such testimony be very
material That the said John Cassel il now
dead and left as his heirs and children, Marshall
Cassell, Oliver Cassel and Thena Cassel, all
Of whom are non-rcsidents of Missouri which
facts can be shown by the testimony of said
witnesses aforesaid.
Wherefore these petitioners ask that an 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 or officers or
any OF them to cause said witnesses to be sub |
prnaed and brought before such officer, and the |
testimony of said witnesses to be taken, so that
the same may be pcrpetnated and filed and re-
corded in the Office of the recorder OF deeds in
and for Bates county, Missouri. as is provided |
Tor under the provisions of Chapter No. l59 of |
The Revised statutes of Missouri Qss9) |
FRANK ALLEN,
MAUD \. ALLEN, |
, .,.. - . Petitioners.
Ca County 1f of risso, nsess Ill., IS. Amdavit.
Frank Allen and Maud a Allen, being duly |
sworn according to law, upon their oath state |
mat they are the petitioners in the foregoing |
petition That the facts set forth in their said |
petition are true and correct. |
FRANK ALLEN,
MAUD A. ALLEN
Subscribed and sworn to before me This ;be |
s6th day of September, 1885.
,, c. p. CATRoN,
,,iskALl Notary Public.
MY term will expire Jan. 80, 1899.
ORDER FOR COMMISSION TO TAKE DISPOSITIONS
To PERrETuATE TESTIMONY.
Now, on this lst day of October, 1896, come
Frank Allen and Maud A Allen and present
their petition. verified and supported by their
the circuit court of Bates county, Missouri. i'm
vacation at Chambers in Clinton, Missouri in
which said petition 1t appears that tits necessary
10 perpetuate the testimony of j nj Rogers and
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 CasseIl |
MS wife TO Nj Rogers, AS well as to prove the |
loss OF snch instrument before 1t was placed of
Eecori, as well as other facts fully set out in |
said petition, and by which petition and affda-
VT 1t 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-
W.T.; Ihe northeast quarter of the northeast
Gnarisr n t oi m section eight tS in township thirty
nine '5't oi range thirty-one CID; which said
lands are owned by said petitioners and which
sala petition further prayS and asks that the
ouage 2i said Bates county circuit court make an
oruer directing the clerk of said court under
The seal OF said court, 10 issue u commission
directed to any judge, justice of the peace,
notary pubic, or clerk of court of record in
said Bates county. Missouri, for the taking of
the deposition of said witnesses so that their
sald testimony may be perpetuated under the
aroNisions OF the laws of the state of Missouri
wherefore, the premises being considered il
As ordered that the clerk of said court do issue
a a commission, directed To any Judge. justice of
court OF record in Bates county, Missouri, en-
poWerlng and autorizing such officer 10 cause
said Nj Rogers and G Hale. both of Bates
county, Missouri, 10 come before such officer |
anu lheir SAID testimony and dispositions to take
and record, as provided by Chapter l59 of the
heNiseo statutes of Missouri usS9) And il is
iufther ordered that the said clerk file the prt-
uoh hereto attached in his Office and make
proper record entry of such filing and record
ahd spread upon the records of his Office this I
;,i sau order Given under my hand this the Isl
day OF October, 1886.
JAMES II. LAY,
Judge of Bates county Circuit Court.
STATE OF MISSOURI
County of Bates, 60
|, Stewart Atchesou. 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 ,
A Allen praying for the issuance of a commits
sion to take the dispositions Of J VI Rogers and
. Hale, Tor the purpose of perIetuating their
.estnony. As the same appears file in my
said Office .as well as 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