Clay County MO Archives Court.....Cruse, Samuel January 29, 1863 ************************************************ 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: Ronald J. Reid rreid21@cox.net July 22, 2007, 10:30 am Source: Lds 2317900, Case File 5-92 Written: January 29, 1863 Recorded: February 3, 1863 Guardian Petition to Foreclose on Land Sale February 1863 LDS 2317900, Case File 5-92 Transcribed by Ronald J. Reid, 2006 To the Honourable County Court of Clay County February term AD 1863 Your petitioner Isaac Brown Guardian of Henry Cruise – Samuel Cruise and John Cruise Minor heirs of John Cruise deceased – begs leave to represent - that all the real estate belonging to the estate of the said John Cruise deceased, was, by an order of the Circuit Court of Clay County, made on the day of AD 18___ sold for the purpose of making partition between the heirs of the said John Cruise – Your petitioner further states, that at the sale of said real estate, Henry J. Wright was the purchaser of forty acres of the land belonging to said estate – which said forty acres of lands is known and designated as follows to wit – the south east quarter of the south east quarter of Section Ten of Township fifty and of Range Thirty – Your petitioner further states that the said Henry J Wright executed his promissary note to your petitioner as guardian for said heirs for the purchase money – That subsequent to the execution to you petitioner of said note, the said Wright sold said tract of lands, to T N O’Bryant and made and executed to the said O’Bryant a deed on the fourth day of July AD 1860 – to said forty acres of lands – The wife of the said Wright joining in the said Conveyance – And that the said O’Bryant upon the making and execution of said Deed as aforesaid, executed his promissary note to your petitioner as guardian for said heirs for the sum of seven hundred and fifty dollars – which said note bears date June 28th 1860 and upon which said note – MVE Wright and BB Wright as securities. Your petitioner by Contract and agreement upon the execution to heirs of said last mentioned note, Canceled and delivered to the said Henry J. Wright, the note executed by him for said lands as aforesaid. - Your petitioner further represents, that the pecuniary condition of the said O’Bryant, and his said securities upon said note – is such that they cannot be forced by law to pay the amount of said note and interest, or any part thereof and that it would be greatly to the advantage of said heirs to have said tract of land released to them by the said O’Bryant – And further that the said O’Bryant, having executed to MVE Wright and BB Wright a title bond for said tract of land, upon the payment to him the said O’Bryant of the sum of Seven hundred and fifty dollars – by the said MVE Wright and BB Wright – for which amount they executed to the said O’Bryant their promissary note – Your petitioner states that the amount of said last mentioned note has not been paid – or any part thereof - Your petitioner states that the said TN O’Bryant, MVE Wright and BB Wright are willing to yield transfer and set over to said heirs all their right title and interest in and to said forty acres of land provided they are released from all responsibility upon said described notes – Your petitioner ??????? prays that the said TN O’Bryant MVE Wright and BB Wright be made partys defendant to this petition – and that your honourable body will make an order directing that said forty acres of land be released, transferred conveyed and set over to said infant heirs – and that all contracts notes bonds and other writings that have been executed by the said TN O’Bryant and the said MVE Wright and BB Wright be declared null and void and that the same are delivered to the partys who executed them - . H L Routt atty For Petitioner Isaac Brown petitioner makes oath and says that the above petition and the matters therein contained he believes to be true. - Isaac Brown Subscribed and sworn to before me Ephraim D. Murray Clerk of the County Court of Clay County this 29th 1863 E.D. Murray Clerk By T.D. Murray DC Filed February 3/63 Additional Comments: Transcriber’s Notes: 1. Henry J. Wright is the son in law of Margaret Cruse Jackson and lives next door to Margaret, Samuel, John and Emaline in the 1860 census. 2. Tolbert O’Bryant is a 36 year old farmer living in dwelling 77 in the 1860 census with his wife Eliza and 4 children. Margaret and kids are in dwelling 67 and Henry J. Wright in dwelling 66. 3. MVE Wright is Martin Wright, the brother of Henry J. and is living with his mother Lucinda in dwelling 64 in the 1860 census. 4. BB Wright is Benjamin Wright, also the brother of Henry J. and is living with his mother Lucinda in dwelling 64 in the 1860 census. 5. H.L. Routt is Henry L. Routt, arguably the best known and most famous lawyer in Clay County. He signed up at age 23 to fight in the Mexican war in 1847 and was always involved in politics and city business after that. In 1860, at age 36 he was Judge of the Probate Court; in 1861 he was made Captain of the “Mounted Rangers” of the city of Liberty and later that year promoted to Colonel; he left that year with the “Mounted Rangers” to fight with the Confederacy; arrested in 1862 for treason and sent to St. Louis to stand trial; released on $10,000 bail then was pardoned by Abraham Lincoln and returned to Liberty, MO; was city attorney in 1863 at the time of his acting as attorney for the minor Cruse heirs. He continued as attorney, judge and political insider until his death in February 1881 at the age of 63. Based on the 1864 settlement report to the court, the firm of Routt & Thompson was paid $35 for their services in this matter. 6. Ephraim D. Murray is the 58 year old County Court Clerk and his son Thomas D. is the 21 year old deputy clerk. File at: http://files.usgwarchives.net/mo/clay/court/cruse52gwl.txt This file has been created by a form at http://www.genrecords.org/mofiles/ File size: 6.3 Kb