The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-12-24

~ AEaA 1kAAN AAAEk ANNAA Val 1NN"k
was devised to plaintiff in the year
Oh. by her father, Thomas Will
Jams, as appears by his will of record
in book. page........ in the pro-
bate Office for Lafayette County, Mis-
souri,; that Susan Jordan was the con-
fidential agent and adviser of the plain
tiff and attended to all of her bust
ness affairs; that on the 9th day of
November, 1918, through the false
and fraudulent representations of said
Sarah Jordan apd Elizabeth Susan
January, plaintiff was persuaded and
induced to execute, in form a pre-
tended deed of record in book 223 at
page 633, Recorders Office for Lafay-
cite County, Missouri, purporting to
convey unto the said Elizabeth Susan
January all of the aforesaid described
real estate for the false and pretended
consideration of $1.00 and other good
and valuable considerations that said
deed was delivered to Chas. Lyons and
was to be held and retained by him
until the death of the Plaintiff and the
death Of her sister, at which time it
was to be delivered to the said Eliz-
abeth Susan January, provided she
had complied with the terms Of the
contract and agreement with plaintiff
and her sister, Sarah Jordan; that
the said Elizabeth Susan January and
Sarah Jordan combined and %conspired
at and before the time they procured
the execution of said deed in form to.
convey to the said Elizabeth Susan
January the aforesaid described real
estate, to obtain same without any con-
sideration whatever, and that in pur-
suance of such combination, c%onspira-
cy, collision and fraudulent purpose,
and by the exercise of undue influence
over the mind of the plaintiff, they
deceived her as to the purport and
contents of said instrument and there
by fraudulently procured her to ex-
ecute the same by taking advantage
of her faith, trust and confidence
which she reposed in the said Eliza
beth Susan January and her sister, Sa-
rah Jordan; that afterwards, in fur
therance of their said conspiracy and
fraudulent combination and collusive
scheme, and for the purpose of car
rying out the same, the said Sarah Jor-
dan and Elizabeth Susan January, on
the 26th day of November, 1913
through false and fraudulent state
ment and representation, did obtain
possession of said pretended deed and
thereafter, contrary to their said a.
greement not to use the same, and in
Iurtherance Of their said conspiracy,
fraudulent combination and collusive
scheme and in carrying out the same
in part without the knowledge or con-
sent Of the plaintiff, place said pre-
tended deed of record and had the
same recorded in book 223 at page
633, Recorders office for Lafayette
county, Missouri. That said pretend
ed deed states that
an consideration of the sum Of
One Dollar ($1.00) and other good
and valuable considerations to her
E ( BY the said party Of the second
part, the receipt of which is hereby
acknowledged" plaintiff sold and
conveyed the aforesaid described real
estate to the aforesid Elizabeth Su-
san January, when in truth and fact
no consideration was ever paid by the
said Elizabeth Susan January to said
plaintiff for said real estate, and that
said Elizabeth Susan January never
performed the services agreed and
never complied with her agreement
and that deed is therefore without
consideration and void. That said
Elizabeth Susan January died on or
about the 22nd day of December,
1915, and left at the time Of her death
as her only children and heirs at law,
Emison Grizzle and Ollie Reed, for
merly Ollie Grizzle; and that defend
ants are non-residents of the State
Of Missouri, or have absconded or alb
o7ted themselves from their usual
place Of abode in this State. Plain
uff states that defendants claim some
title, interest or estate in and to said
real estate adverse to this estate, and
title Of this plaintiff.
Plaintiff further states that she has
been in the open, adverse, notorious,
hostile and lawful possession Of the
aforesaid described real estate, ever
since the 9Th day Of November, 1918,
and prior thereto, claiming title
thereon and paying taxes on said real
estate, and that plaintiff has claim
ed title to said real estate for the last
thirty 1907 years or more and has
been in the open and adverse possess
ion Of said real estate during all Of
said time;
Wherefore, by reason Of the premi-
SEES, plaintiff prays the Court to try,
ascertain and determine the estate,
ule and interest of the plaintiff and
defendants, respectfully, in and to said
real estate, to define and adjudge by
its judgment and decree the title, es-
tate and interest Of the parties sew
orally in and to the aforesaid describ-
ed real estate, and plaintiff prays the
court to hear and finally determine
any and all rights, claims and inter-
ests, lien and demands whatsoever, of
the parties or any Of them, concern
ing or affecting said real estate, and
that the court will award full and
complete relief, whether legal or co.
uitable, to the parties herein and each
OF them, according to the statutes in
such cases made and provided, and that
said deed Of record in book 223 at
page 633, Recorders Office for Lafay-
cite County, Missouri, be cancelled,
set aside and declared void and that
the title to said real estate be divest-
ed out Of defendants and vested in
plaintiff, and for all such other and
further general relief as to the Court
may seem just and proper.