The herald-advance. (Milbank, S.D.) 1890-1922, 1908-05-29

~ ''' WV N'"heN SooA> W
Grant county, South Dakota, made
and filed order to show cause why the
real estate above described should
not he sold, and thereafter and upon
the nineteenth day of February, 1904,
affidavit of publication by VIM. W.
Downie, editor of the Herald
Advance" was made and filed show
ing the publication of the order to
show cause why said real estate
should not be sold, and showing pub
LEGATION of notice to creditors: that
upon the nineteenth day Of February,
1904. the county court made an order
to sell said real estate above described,
and thereafter and upon the twenty
seventh day of February. 1904, the
said A. F. Lind4uist, executor, made
and filed his bond on sale of real
estate wherein he appears as principal
and Emil Johnson and e. A. Erland-
son rs sureties. in the penal sum of
five hundred dollars, and upon the
fourteenth day of March, 1904, the
! said A. F. Lindquist made and filed
notice of sale of the real estate above
described, at which time affidavit of
posting same was made and filed,
together with an affidavit of publica-
ton of notice of sale upon said four
teenth day of March, 1904. which
said notice was dated February %.
1904, and that upon said fourteenth
day of March, 1904, William F. Rah-
bitt, who was at that time clerk of
the county court of Grant county.
South Dakota. made and filed written
bid for said real estate in the sum of
$500. 90.
9. That thereafter and upon the
9TH day of April, 1904, the said A.
+. L%indquist, executor, made, exc
cuted and filed his report of sale of
the land above described, showing
said property to have been sold to
William T. Rabbit for $500. 90. on
March IA, 1904, pursuant to legal
proceedings had PRIOR to that date,
and thereafter and upon the 9th day
Of April, 1904, the county Judge of
the county court of said Grant county.
South Dakota, made order confirming
report of sale and affidavit Of posting
same, dated April ), 1904, was also
filed at said date: that thereafter and
upon the 10th day of April, 1904.
the Judge of said county court of said
Grant county, South Dakota, made an
order confirming sale to William i.
Rabbit for $500. 90 cash. Of the land
above described. which said order
confirming sale is made a part of a
certain indenture, tO-wit: Executors
deed made, executed and delivered
by a. +. Llndquist, executor of the
estate OF John Owen Pierce, deceased
dated April 10, 1904, to William T.
Rabbit, in consideration of the sun
of $500. 90, whereby the said A. F.
Llndqulst, executor, conveyed tC
William T. Rabbit the land abov.
described, pursuant to the proceed
ings in county court heretofore had.
as will appear more fully from the
records and files of the said cour
%hereinbefore mentioned, all of which
were made by said Judge of sale
county court within and for sale
Grant county, South Lakota, an(
l filed in the office Of the clerk of tn,
county court of Grant county, Soutl
Dakota, in the matter Of the estate o
John Owen Pierce, deceased, involv
ing the land above described ant
which are now records and files O
Grant county in the county cour
thereof.
10 Thai said executors deed wa
filed in the office of the register 0
deeds within and for Grant county
South Dakota, at 500 o'clock D m
on April ls, 1904, and recorded il
Book 20 Of Deeds, page 272, an,
:, said order of sale was also recorded
! in said office April Is, 1904, at 400
O'Clock p. m, Book 81, Mis-. Records
page 43S, and said order confirmin!
sale was recorded in said Office OF
said 10th day of April, 1904, at 4.O'
: O'Clock p. m, and recorded in Bool
, 81, Mise. Records, page 44O.
/, IL. That the defendant abov,
+ named, George S. Rix, Esq, wa
| duly employed by the plaintiffs il
this action to institute the proceed
ceedings above set forth and to Sc!
| said land in good faith for the high
est and best sum obtainable proper
%tionate to the true value of the sam
which the said defendant represented
! to the plaintiffs to be the sum o
$1,000. 90, but that notwithstanding:
!. said representation the said defend