The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1921-01-14

mary term, 1921. IN vacation, De-
-ceniber, 1920. mite
susan Williams Major.Plaintif
Emison Grizzle and Ollie Reed,
Defendants.
Nav this day comes the plaintiff, by
nor attorney, and files her petition al
loc;no among other things that the
attendants, Emison Grizzle and Ollie
Reed are non-residents Of the State
IF Missouri, or have a%bsconded or alb
senfed themselves from their usual
nIace of abode in this State, where
1nom it is ordered by the Clerk of
,ssid Court in vacation, as follows:
To the said Emison Grizzle and Oh
10 Reed Defendants: You and each
~ Won are hereby notified that the
ola;ntiff. Susan Williams Major, has
rommenced a suit against you in this
court bv fling her petition containing
two counts, the object and general ma
ture Of the first count of the plain
tiff'g petition is to set aside and can-
eel a deed executed by plaintiff on
November 9Th, 1918, 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 1857 of the First Addition to the
City of Lexington, Missouri, except
eighty-seyen (87) feet and four (4)
inches off the North ends Of said lots,
for the pretended consideration Of
One Dollar ($1.00) and other good
and valuable considerations, which
deed is of record in book 223 at page
633 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
J0rdon and Elizabeth Susan January,
and is without consideration and there
fore void; that Sarah Jordan was the
confidential agent and adviser Of the
plaintiff, and that relying upon false
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 683, Recorders Office for La
fayette County, Missouri, %purporting
to convey unto the said Elizabeth Su-
san January all OF lots 3, q, b and .
in Block IS, First Addition to the
City Of Lexington, Missouri, except
az feet 4 inches off the North end Of
said lots, for the false and pretended
consideration Of $1.00 and other good
and valuable considerations, and with
Inc assurance that said deed was moi
Ia be delivered to the said Elizabeth
Susan January nor recorded until at.
ter the death of the plaintiff and hel
sister, at which time it was to be de-
livered to the said Elizabeth Susar
January provided she had complied
with the terms of the contract anc
agreement with the plaintiff and heI
sister, Sarah Jordon; that said Sa'
rah Jordan and Elizabeth Susan Jan.
uarv colluded together, combined anC
conspired at and before the time they
procured the execution Of said deet
in form to convey to said Elizabeth
Susan January the aforesaid descrlb
ed real estate, to obtain the sam
without consideration and that II
of such combination, con
spiracy, collision and fraudulent pur
pose. and by undue influence over tn
mind Of said plaintiff, they deceivee'
her as to the purport and content
Of said instrument and thereby pro
cured her to execute the same by tax
ing advantage Of the faith and con
fdence she reposed in her said sister
Sarah Jordan, and the said Elizabeth
Snsan January; that in %furtheranc
of said conspiracy, fraudulent COMB
nation and collusive scheme n 10
the purpose of carrying out the same
the said Sarah jordan and Elizabet
Susan January, through false an
fraudulent representations, obtaine
Dossession of said pretended deed 10
the purpose Of placing the same Q
record. and that afterwards said dee
was placed of record by the SAID Ell
abeth Susan January and Sarah Jol
dan without the knowledge or consen
Of the plaintiff. That said pretende
deed was without consideration, an
that no money was ever paid by Tn
said Elizabeth Susan January \
plaintiff. and no consideration passe
between the said Elizabeth Susan jar
VARY to this plaintiff, for the afor'
said described real estate, and thl
the said Elizabeth Susan January ne.'
CT complied with her agreement WI
nlaintiff and that said deed is Their
fore without consideration and vol
and was obtained from plaintiff by rel
son Of false and fraudulent represent
lions made to plaintiff by the sa
Sarah Jordan and Elizabeth Susf
January that said Elizabeth Susan ia
oorv died December %, 1915, and lie
as her only heirs and children Emis'
C~,rizzle and Ollie Reed, defendant
and plaintiff asks that said deed
record in book 22S at page $50, X
carder's Office for Lafayette Count