The Lexington intelligencer., 1921-01-21

ruary term, 1921. In vacation, De-
-cember, 1920.
Susan Williams Major Plaintiff
VS..
Emison Grizzle and Ollie Reed,
.....-............--.-....-...,...D Defendants.
Now this day comes the plaintiff, by
her attorney, and files her petition al
ieging among other things that the
defendants, Emison Grizzle and Ollie
Reed are non-residents of the State
Of Missouri, or have absconded or ab-
sented themselves from their usual
place Of abode in this State, where
upon it is ordered by the Clerk of
said Court in vacation, as follows:
To the said Emison Grizzie and Oh
lie Reed, Defendants: You and each
Of you are hereby notified that the
plaintiff, Susan Williams Major, has
commenced 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
eel a deed executed by plaintiff on
November 5th, 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 (4),
five (5), and six (6) in Block thirty
five (35l of the First Addition to the
CITY of Lexington, Missouri, except
eighty-seven $50 feet and four (4)
inches off the North ends Of said lots,
for the pretended consideration OF
One Dollar ($100) 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 divested out of the de-
PENDANTS and vested in the plaintiff,
and that the Court remove such cloud
from plaintiff's 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 F.
lizabeth Susan January on Novem-
ber S, 1918, 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
plaintiff, and that relying upon false
and fraudulent representations Of said
Sarah Jordan and Elizabeth Susan
January. thst said deed was not to
be delivered nor recorded, plaintiff ex-
ecuted and acknowledged in form
pretended deed of record in book %
at page 633, Recorders Office for La
fayette County, Missouri, purportinf
to convey unto the said Elizabeth Su
san January all Of lots 3, 4, 5 and
in Block 35. First Addition to th'
CITY of Lexington. Missouri, excep
81 feet A inches off the North end o.
said lots, for the false and pretended
consideration Of $1.00 and other gool
and valuable considerations, and witt
the assurance that said deed was no
TO be delivered TO the said Ellzabetl
Susan January nor recorded until at
ter the death Of the plaintiff and ne
sister, at which time it was to be de
iivered to the said Elizabeth Susa
January provided she had compile
with the terms Of the contract an
agreement with the plaintiff and ne
sister. Sarah Jordon; that said Sa
rah Jordan and Elizabeth Susan Jan
uary colluded together, combined an
conspired at and before the time the
procured the execution of said dee
In form to convey to said Elizabet
Susan January the aforesaid descrit
ed real estate, to obtain the san
without consideration and that
pursuance Of such combination, cor
spiracy, collusion and fraudulent pul
pose, and by undue influence over II
mind Of said plaintiff, they deceive
her as to the purport and conten
Of said instrument and thereby pr
cured her to execute the same by tai
ing advantage of the faith and col
fdence she reposed in her said siste
Sarah Jordan. and the said Elizabe'
Susan January; that in furtheran
of said conspiracy, fraudulent CONT
nation and collusve scheme and L
the purpose of carrying out the sam
the said Sarah Jordan and Elizabe
Susan January, through false al
fraudulent representations, obtain.
possession of said pretended deed I
the purpose of placing the same
record, and that afterwards said de
was placed Of record by the said Eli
aheth Susan January and Sarah Jc
dan without the knowledge or consee
0f the plaintiff. That said pretend
deed was without consideration, a
that no money was ever paid by I
said Elizabeth Susan January
plaintiff, and no consideration pass
between the said Elizabeth Susan ia
uary to this plaintiff, for the afol
said described real estate, and II
the said Elizabeth Susan January M
er complied with her agreement w
plaintiff and that said deed is the
fore without consideration and vo
and was obtained from plaintiff by r.
son Of false and fraudulent represen
tions made to plaintiff by the s.
Sarah Jordan and Elizabeth Sus
January that said Elizabeth Susan j
uary died December %, 1915, and
as her only heirs and children Emii
Grizzle and Ollie Reed, defendar
and plaintiff asks that said deed
record in book 223 at page 633,
eorder's Office for Lafayette Cour