Clay County MO Archives Deed.....Frakes, Mason - Cruse, Henry, Samuel, John November 4, 1867 ************************************************ 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, 1:38 pm SE1/4 of SE1/4, SEC 10, TWP 51, R30 Written: November 4, 1867 Recorded: November 21, 1870 SHERIFF’S SALE FOR PARTITION 27 April 1868 LDS 955280 Deed records, v. 34-35 1870-1873, Book 35, page 158 Transcribed by Ronald J. Reid, 2006 Whereas on the 4th day of November 1867 at a term of the Circuit Court within and for the County of Clay in the State of Missouri upon the petition of Henry Cruise it was adjudged and decreed that certain lands hereinafter described should be sold for purposes of partition upon the terms hereinafter mentioned as by the record of said Court will more fully appear: And whereas on the 27th day of April A.D. 1868 in obedience to said decree I, J.H. Rickards, sheriff of Clay County Missouri did between the hours of Nine O’clock A.M. & five O’clock P.M. while said Circuit Court was in session proceed to sell at the Court house door in the City of Liberty in said County of Clay to the highest bidder for cash at public vendue the following described real estate situate in Clay County Missouri viz: The South East Quarter of the South East Quarter of Section Ten (10) Township (51) Fifty one of Range Thirty (30) Containing forty acres more or less. Having previously given twenty days notice of the time terms & place of sale and a particular description of the real estate to be sold by advertisement in the Liberty Weekly Union a weekly newspaper published in Said County and whereas at said sale Mason Frakes became the purchaser of said real estate at and for the sum of Six Hundred and Fifty Dollars the receipt whereof is hereby acknowledged: Now therefore I Joseph H. Rickards late Sheriff of Clay County Missouri for and in consideration of the premises and of the sum of Six Hundred and Fifty Dollars paid by the said Mason Frakes do by these presents assign transfer and Convey to the said Mason Frakes all the right title and interest of Henry Cruse Jeremiah Q Adams as Guardian and Curator of the person and Estate of Samuel Cruse minor child of John Cruse deceased, and Jeremiah Q. Adams as Guardian and Curator of the person and Estate of John Cruse minor child of John Cruse deceased, the original parties in partition in and to the aforesaid tracts of land as fully as I as sheriff aforesaid can do by virtue of said decree of partition & sale. To have and to hold said tracts of land and appurtenances to him the said Mason Frakes his heirs and assigns forever. In witness where of I Joseph H. Rickards late Sheriff of Clay County Missouri have hereunto set my hand and seal this 19th day of September A.D. 1870. Joseph H. Rickards Late Sheriff of Clay County, Missouri State of Missouri County of Clay Among the records and proceedings of the Circuit Court begun and held at the Cout House in the City of Liberty, tin the County, of Clay on the 19th day of September A.D. 1870 and on the 3rd day of said term the following were had to wit: Be it remembered that on this 21st day of September A.D. 1870 Comes J.H. Rickards late Sheriff of Clay County, in the State of Missouri and produces a deed executed by himself as Sheriff aforesaid to Mason Frakes for the following described real estate lying and being in the County, of Clay and State of Missouri viz” The S.E. ¼ of the S.E. ¼ of Section No 10 in Township No 51 of Range No 30 Containing 40 acres. Sold as the property of the heirs of John Cruse dec’d under and by virtue of an order of sale in partition issued from office of the Clerk of Clay Circuit Court and said Sheriff acknowledges said deed to be his act and deed for the uses and purposes therein mentioned. And the same is ordered to be certified on said deed accordingly. State of Missouri County of Clay I B.A. Bailey Clerk of the Circuit Court within and for the County aforesaid do hereby Certify that the above and foregoing contains a full true and correct copy of the acknowledgment of the sheriff in open Court of the execution of the within deed as the same appears of Record in Book No. 12, Page 240 Witness my hand and the seal of Said Court affixed at office within the City of Liberty, this the 21st day of September A.D. 1870 B.A. Bailey….Clerk The foregoing Deed filed Nov 21st 1870 E. G. Hamilton Recorder Additional Comments: Transcriber’s Notes: 1. 46 year old Mason Frakes was a wealthy farmer living in the Camden Township of Ray county in the 1870 Census and owning real estate valued in excess of $10,000. 2. Joseph H. Rickards, at age 34, was even richer than Mason Frakes in the 1870 Census. He and his family lived in the town of Liberty and he listed his occupation as farmer and owned real estate valued at $20,000. However, he also advertised in the Liberty Weekly Tribune as a Civil Engineer and Surveyor. 3. A partition sale is a forced sales event. Partition cases arise when the co- owners disagree and there is no other alternative to unwind the relationship. File at: http://files.usgwarchives.net/mo/clay/deeds/cruse59gdd.txt This file has been created by a form at http://www.genrecords.org/mofiles/ File size: 5.6 Kb