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

kLAAhNAg A0@0s
Susan Williams Major-~..P Plaintiff
VS..
Emison Grizzle and Ollie Reed,
Defendants.
Now this day comes the plaintiff, by
her attorney, and files her petition al
leging among other things that the
defendants, Emison Grizzle and Ollie
Reed are non-residents of the State
Of Missouri, or have ~absconded or abb
scented themselves from their usual
plsce of abode in this State, where
upon it is ordered by the Clerk of
said Court in vacation, as follows:
To the said Emison Grizzle and Oh
lie Reed, Defendants: You and each
of you are hereby notified that the
plaintiff, Susan Williams Major, has
commenced a suit against you in this
court by filing her petition containing
two counts, the object and general ma
ture of the first count of the plain
tiff's petition is to set aside and can
Gel a deed executed by plaintiff on
November 9Th, 1913, purporting to
convey unto Elizabeth Susan January
the following described real estate
situate and being in Lafayette
County, Missouri, to-wit:
All of Lots three (3). four az,
five (5), and six (6) in Block thirty
five 1851 Of the First Addition to the
City Of Lexington, Missouri, except
eighty-seven (S7) feet and four (4)
inches off the North ends of said lots,
for the pretended consideration of
One Dollar ($1.O0) and other good
and valuable considerations, which
deed is Of record in book 229 at page
6S3 Recorders Office for Lafayette
County, Missouri, and to which ref
erence is hereto made, and that the
said deed be declared to be a cloud
uon plaintiffs title to the real estate
above mentioned and that the same
be set aside and declared void and for
naught held, and that the title to
said lots be Invested out Of the de-
PENDANTS and vested in the plaintiff,
and that the Court remove such cloud
from plaintiffs title and for all such
other and further general relief as
pertaineth to equity and good con-
science, on the ground that said pre-
tended deed was obtained from plain
tiff by the said Sarah Jordan and E.
lizabeth Susan January on Novem-
Der 5, 1913, through false and fraud
ulent representations Of said Sarah
Jordon and Elizabeth Susan January,
and is without consideration and there
fore void; that Sarah Jordan was the
confidential agent and adviser of the
rlofntsH rAI fko4 r1lsyfH~ svv.nr fa1~o
and fraudulent representations Of said
Sarah Jordan and Elizabeth Susan
January, that said deed was not to
be delivered nor recorded, plaintiff ex-
ecuted and acknowledged in form a
pretended deed of record in book 223
at page 633, Recorders Office for La
fayette County, Missouri, %purporting
to convey unto the said Elizabeth Su-
san January all of lots 3, 4, 5 and 6
in Block 35, First Addition to the
City of Lexington. Missouri, except
81 feet a inches off the North end Of
said lots, for the false and pretended
consideration of S1.00 and other good
and valuable considerations, and with
the assurance that said deed was not
to be delivered to the said Elizabeth
Susan January nor recorded until af-
ter the death Of the plaintiff and her
sister, at which time it was to be de-
livered to the said Elizabeth Susan
January provided she had complied
with the terms Of the contract and
agreement with the plaintiff and her
sister, Sarah Jordon; that said Sa-
Tah Jordan and Elizabeth Susan Jan
uary colluded together, combined and
conspired at and before the time they
procured the execution of said deed
in form to convey to said Elizabeth
Susan January the aforesaid describ-
ed real estate, to obtain the same
without consideration and that in
pursuance Of such combination, con
spiracy, collision and fraudulent pur-
pose, and by undue influence wei the
mind Of said plaintiff, they deceived
her as to the purport and contents
OF said instrument and thereby pro-
cured her to execute the same by TAX
ing advantage of the faith and con-
hdence she reposed in her said sister,
Sarah Jordan, and the said Elizabeth
Susan January; that in furtherance
Of said conspiracy, fraudulent combi-
nation and collusive scheme and for
the purpose Of carrying out the same,
the said Sarah Jordan and Elizabeth
Susan January, through false and
fraudulent representations, obtained
possession of said pretended deed for
the purpose Of placing the same Of
record, and that afterwards said deed
vas placed Of record by the said Eliz-
sbeth Susan January and Sarah Jor-
dan without the knowledge or consent
OF the plaintiff. That said pretended
deed was without consideration. and
that no money was ever paid by the
said Elizabeth Susan January Ia
plaintiff, and no consideration passed
between the said Elizabeth Susan Jan
uary to this plaintiff, for the afore-
said described real estate, and that
the said Elizabeth Susan January e
err complied with her agreement with
plaintiff and that said deed is there
fore without consideration and void.
and was obtained from plaintiff by rea.
o of false and fraudulent representa-
tons made to plaintiff by the said
Sarah Jordan and Elizabeth Susan
January that said Elizabeth Susan Jan,
uary died December %. 1915, and left
as her only heirs and children Emison
Grizzle and Ollie Reed, defendants.
and plaintiff asks that said deed Of
record in book 223 at page 633, Re,
corder's Office for Lafayette County
Missouri, be declared to be a CLOUD