Cedar County MO Archives Deed.....Owen, Jeremiah R. - Swingle, Et Al September 27, 1875 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/mo/mofiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Linda Deppner http://www.genrecords.net/emailregistry/vols/00012.html#0002870 November 1, 2010, 11:02 pm Written: September 27, 1875 Recorded: November 10, 1875 Cedar County, Missouri Deed Book Q, pages 571-574 Whereas at the September term A.D. 1875 of the Circuit Court, County of Cedar and State of Missouri, in a certain cause then pending in said Court wherein Jeremiah R. Owen was Plaintiff Petitioner against Josiah Swingle and John Swingle minor heirs of John Swingle Deceased and Harrison Swingle guardian of said minors and Albert Swingle minor heir of John Swingle deceased and Judy M. Swingle guardian of said Minor and Sampson Swingle and the heirs of Andrew J. Swingle deceased viz. Lincoln Swingle, John Swingle, Jackson Swingle and Hannah Swingle, were defendants for Partition of the following described real Estate Situate lying and being in the county of Cedar and State of Missouri to wit: The North East Fourth of the North East quarter and the South East fourth of the North East quarter of section twenty three (23) and the South West fourth of the North West quarters and the North West fourth of the North West quarter of Section twenty four (24) all in township thirty four (34) of range twenty six (26) west, containing one hundred and Sixty acres more or less of which the South east fourth of the North East quarter of Section 25 and all that part of the South West fourth of the North West quarter of Section 24 that lies South of the Stockton and Bolivar road had been assigned to and is subject to the dower Estate of Judy M. Swingle, the said Court then and there decreed that partition of said land be made among the parties according to their respective interests and it appearing to said Court that said land could not be divided in kind amongst the parties therein it was thereupon ordered and decreed that by said Court that I the undersigned William D. Hoff be appointed Special Commissioner to sell the same for Cash in hand or part on time as in my discretion would be best for the interest of the minor parties and that I would as such Special Commissioner execute a bond in the sum of Fifteen Hundred dollars conditioned for the faithfull discharge of my duties which said bond was executed by me and appeared by said Court which said order and decree was continued in force and effect by orders of renewal at the regular terms of said Court Subsequent to the said September term A.D. 1879. All of which facts and orders of Court fully appear from the records of said Circuit Court and Whereas in obedience to and in pursuance of said decree and order of sale I the said Special Commissioner did cause said real Estate to be advertised for sale four weeks before the day of sale thereof by advertisement in the Stockton Journal a newspaper printed and published in said County of Cedar containing a particular description of the real Estate to be sold and stating the time place and terms of sale and Whereas in obedience and conformity to said decree and order of sale and advertisement aforesaid I the said Special Commissioner did on the twenty third day of September A.D. 1875 at the September term of said Circuit Court for the year 1875 and while the said Court was in session between the hours of nine o'Clock in the forenoon and five o'Clock in the afternoon of that day proceed to offer and expose to sale at public Auction to the highest on the following terms viz. One third cash remainder in Equal installments in one and two years with interest at ten per cent from date with approved personal security and retention of lien upon land sold at the Court House door in said County of Cedar the real Estate above described and having so offered and exposed the same for sale for a long space of time as aforesaid and Jerimiah R. Owen being the highest best and last bidder for all of the above described real Estate Subject to said dower interest became the purchaser thereof for the price and sum of Five Hundred and fifty one dollars and whereas the said Jerimiah R. Owens has paid me the sum of one Hundred and Eighty three dollars and Sixty seven cents cash and has executed delivered to me as such Special Commissioner two Promisory Notes one for one Hundred and Eighty three dollars and sixty seven cents date of the 23rd day of September 1875 due one year after date with interest at ten per cent from date and one for one Hundred and Eighty Three dollars and sixty seven cents dated the 23rd day of September 1875 due two years after date with interest at ten per cent per annum from date with approved personal security and of the terms of the advertisement aforesaid and of the order of said court hereinafter mentioned a lien is hereby retained on the real Estate sold as aforesaid as and for a further Security for the payment of said promisory notes and all interest thereon, and whereas I the said Special Commissioner did on the 24th day of September 1875 make a report to the said Court of all my proceedings under said decree and order of sale touching Said Sale which said report was examined and approved by said Circuit Court and an order of confirmation thereof made and entered of record on the said 24th day of September 1875 and also directing the execution of deed retaining lien as aforesaid Now therefore Know all men by these presents that I William D. Hoff Special Commissioner as aforesaid for and in consideration of said sum of one Hundred and Eight three Dollars and Sixty seven cents to me in hand paid and of the two promisory notes for the sum of One Hundred and Eight three & 67/100 Dollars Each herein before mentioned do assign transfer and Convey and set over unto the said Jerimiah R. Owen his heirs and assigns the real Estate above described (subject to the said dower interest as herein described and set out) To Have and to hold the same with the appurtenances thereto Belonging unto the said Jeriamiah R. Owens his heirs and assigns forever as fully and effectually as I the said Special Commissioner by the power and authority in me vested in the premises as such can sell and convey the same. In witness whereof I the said Special Commissioner have hereunto Subscribed my name and affixed my seal this 27th day of September A.D. 1875. Wm. D. Hoff (Seal) Special Commissioner State of Missouri County of Cedar, SS. Be it remembered that on this 27th day of September A.D. 1875 before me Lewis Gravely Clerk of the Circuit Court within and for the state and county aforesaid personally appeared William D. Hoff who is personally known to me to be the same person whose name is Subscribed as Special Commissioner to the foregoing instrument of writing and acknowledged the same to be his act and deed as such Special Commissioner for the uses and purposes therein mentioned. In testimony whereof I have hereunto Subscribed my name and affixed the seal of Said Circuit Court. Done at office at Stockton in the County aforesaid the day and year last above written. Lewis Gravely, Cir. Clk. Filed for record Nov. 10th 1875 at 9 o'clock A.M. Lewis Gravely, Cir. Clk. Additional Comments: FHL film #0932372 File at: http://files.usgwarchives.net/mo/cedar/deeds/swingle120gdd.txt This file has been created by a form at http://www.genrecords.org/mofiles/ File size: 7.6 Kb