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Notice. In the Clay Circuit Court in Chancery. Fielding Huggins, RS. John Owens, William Owens, Henry O. Riley, Charles Carthrae, Alexander W. Doniphan, James M. Hughes, Margaret Lurty, Josephine Lurty, Moore K. Lurty, Ponsonby Kyle and John Baxter. Now at this day came the said complain ant by his solicitors and it appearing to the court that William Owens is not a resident of nor residing in the State of Missouriy it is therefore ordered by the court that he be noti fied that the said Huggins has instituted a suit in Chancery against said defendants, in said Court by an original and amended Bill of In junction, and for specific performance, stating in ‘substance,that the said John Owens about the year 1838 or 1839, sold the following lots to William Owens, verbally, situated in the ‘town of Liberty, county of Clay and State ‘of Missouri, to wit: Lots No.17 and 172—that the aid William Owens sold said lots to Robi. K. Lurty about the year 1839, and delivered the possession thereof to him—that said ‘Lurty sold said Lots to Henry O. Riley on the 5th November, 1839, and executed a title band for ‘the same—that the said Riley assigned in wri ting all his interest in said title bond to Charles Carthrae on the 9th of November, 1839—that ‘John Baxter, Sheriff of Clay county, by virtue’ of an execution in favor of Cyrus Curtus and ‘against said Carthrae, sold all the right and ti tle of said Carthrae in and so said Lote to said’ ‘Curtis on the 8th day of August, 1843—that said Curtis devised said lots to Amanda 8, Curtis by his last will add testament—that said Amanda 8. Curtis soid said lots to complainant and executed a deed to him for the same—that s said Lurly conveyed all his real estate to said Doniphan and Hughes in trust for the benefit of his creditors, on the third day of December, 1842—that said John Owens had never made a deed for said lots to any person, but that he is willing to make a deed under the directions of the Court to any person entitled thereto—that the said Owens acquiesced in the sale by said William Owens to said Lurty, who departed this life in the year 1846, leaving his widow, the said Margaret and a daughter, the said Jo sephine, his heirs at law—that said Moore K Lurty.was appointed his administrator——that the said’ Kyle recovered a Judgment at law against Complainant at the August term, 1847, of said Court in an action of forcible entry and detainer, for the sum of 58 dollars, 'on a com plaint that said complainant forcibly entered and detain¢d the possession of said lots against said Kyle; and that Execution issued therefor on said Judgment, and that an Injunction wss granted by the Judge of said Court to stay the collection of said Judgment until the matter in said “Bill be fully heard and praying that said ‘court order and decree that the said John Ow ens make to complainant.a deed conveying to complainant the fee simple title of said lot. And it is further ordered by the court that un less the said William Owens appear at the next term of said court. to be holdan at the court house in the town of Liberty.on the 4th Mon day of August, A. D. 1848,.and answer to or otherwise defend this Bill the sane will be ta ken for confessed against him. : Acopvattest; SAM’S TILLERY, Clerk, Ramage Wood, sol’rs for complt. June 2, 1843,—10 Sw. ‘
Newspaper Details
Liberty Tribune newspaper
Liberty, Missouri, US
Fri, Jun 23, 1848
Page 3
Full Page
Clipped by
Rebecca P.
