Friday Find

Today’s find is a deed resulting from court intervention to partition land in Platte county after the death of Elizabeth Burke.

Platte County Missouri
Deed Records, 1839-1895

Deed records v. 7-8 1876-1879
Film 988239 DGS 8486504

Pages 584-585 (Image 298)

584
To all to whome these presents shall come
Know ye that whereas at the November Term 1876 the
Weston Court of Common Pleas of the said County of
Platte in a certain suit then pending in said court
wherein Gilford Hornbuckel and Sarah Hornbuckel his
wife and Hiram Curry and Anglina Curry his wife
were Petitioners against John M Buck and Milton Burk
Defendants for the partition of the following described Real
Estate situate lying and being in the County of Platte
and State of Missouri to wit
all of the East half of the South west quarter of Section(34)
Thirty four in township ( 54 ) fifty four of range (36 ) thirty six
lying and being situated in Weston Township Platte county
Missouri save and except ( 1 ) one acre beginning at the North East
corner of said east half and running thence west (20) twenty poles
thence South ( 6 ) Six poles thence to the eastern line of said quarter
Section then to the Beginning and also except all that part
of said east half of said quarter Section lying East of Bear
Creek on the Southeast corner of said East half
The said Court then and there decreed that partition of
said land be made among the parties according to their
respective interest and it appearing to said Court that
Said land could not be divided in kind amongst the
parties therein the undersigned Marshall of the Weston
Court of Common Pleas was ordered by said Court to
sell said real Estate and it was thereon ordered and de
creed by said Court that the said Marshall proceed to
advertise and sell the same according to law all of
which facts and orders of court fully appear from the
records of said Court and whereas a certified copy
of said order of sale was duly made out by the Clerk
of said Court and to him the said Marshall delivered dated
March 12th 1877 and whereas in obedience to said order
of sale I the said Marshal did cause the said Real
Estate to be advertised for sale for a period of not
less than twenty days next preceding the day of sale her
inafter mentioned by advertisement in the Weston
Commercial a newspaper printed in Weston Platte County
State aforesaid containing a particular description of the
Real Estate to be sold and stating the time and place
and terms of sale and whereas in obedience and
confirmity to said order of sale and advertisement

page 585
aforesaid I the said Marshall did on the 9th day of July
1877 at the July Term of the said Court of said last named
County for the year 1877 and while said last named
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 expire to sale at public
auction to the highest bidder on the following terms
viz For cash in hand at the Court house door
in Weston in said County of Platte the real Estate
above described and having so offered and expo
sed the same for sale for a long space of time as
aforesaid and Milton E Bark being the best highest
and last bidder for the following described part of
said real estate became the purchaser thereof for
the price and [paid] of thirteen Hundred and Fifty
Dollars and – Cents to wit
all of the east half of the south west quarter section ( 34 )
thirty four in township ( 54 ) fifty four of range ( 36 ) thirty
Six lying and being situated in Weston township , Platte
County Missouri save and except ( 1 ) one acre beginning
at the North east corner of said East half and running thence
west (20) poles thence South (6 ) poles thence to the eastern line
of the said quarter section thence to the beginning and
also except all that part of said east half of said quarter
Section lying east of Bear Creek on the South east comer
of said last half
and whereas the said Milton Burk has fully paid
and Satisfied to me the full amount of money by him
bid as aforesaid for said last Described Real Estate
Now therefore Know all men by these presents that I
Joseph B Evans Marshal as aforesaid for and in
consideration of the premises and of said sum of
Thirteen Hundred and fifty -/100 dollars to him in hand paid do
assign transfer and convey and set over unto
the said Milton E Back his heirs and assigns
the real Estate last above described to have and
to hold the same with the appurtenances unto him the
Said Milton C Burk heirs and assigns forever as f
ully and effectually as I the said Marshall by the Power
and authority in me vested in the premises as such
can sell and convey the same
In testimony whereof I the said Marshal have

page 586
hereunto subscribed my name and affixed my seal this
12th day of July 1877
Joseph , B. Evans (Seal)
Marshal of the Weston Court of Common Pleas
State of Missouri
County of Platte
In the Weston court of Common pleas
July Term A D 1877
Be it remembered that on this fourteenth day of July in the
year of our Lord 1877 before W H Roney Judge of the
Weston Court of Common Pleas within and for the county
aforesaid came into open Court Joseph B Evans
Marshal of said Court personally known to said
Judge to be the same person whose name is subscribed
to the foregoing instrument of writing as having Execu
ted the same and also known to be the Marshal as in
said deed described and then and there in open
Court before the said Judge acknowledged the said
instrument to be his act and deed for the purposes therein
mentioned . this certificate of said acknowledgment
being ordered by the said Court to be endorsed by
the Clerk on this deed
In testimony whereof I William F Yocom Clerk of our
said Court have hereunto set my hand and affixed
he seal of said court done at office in Weston
in the County aforesaid L
(Seal) W F Yocom Clerk
Filed for record at 9 . 30 A. M . October 1s 1877
R L Waller
Recorder of Deeds

Missouri, Platte County. Deed records, 1839-1895. Film #988239 DGS 8486504. Anglina Curry Sarah Hornbuckle, 12 Jul 1877; Vol. 7: page 584-586; digitized images, FamilySearch http://www.familysearch.org

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