Sarah Quisenberry Estate

Estate of Sarah Quisenberry

Researchers notes:  I have done my best to transcribe this handwritten document, however, many words are hard to read, some I've guessed at and some I just haven't figured out yet.  You will notice this case was continued.  I plan to visit the Clay County Courthouse again and hope to find the rest of this case and perhaps a few more documents.  Please see bottom of page for the mystery this court case has caused.

Fannie Covington, Andrew Means, Lillie Means and John H. Means her husband

against

Lavina M. Moberly and Lafayette Moberly, her husband

Now on this 15th day of November, A.D. 1894, come the plaintiffs, by their attorney, and the said defendants, although duly summoned, came not, but makes default, wherefore, the plaintiffs ?? a jury and submit this cause to the court ?? the pleadings and proof ??; and the court, being fully advised in the process, finds that the allegations of plaintiffs petition herein are true.

And the court further finds that on the -- day of ----, 1890, Sarah A. Quisenberry died in the County of Clay, State of Missouri seized and possessed in fee simple of the fullward described real estate, lying, being and situate in the County of Clay aforesaid, viz:  The South West quarter of the South West quarter of Section Eighteen (18) in Township Fifty-two (52) of Range Thirty (30), and the South East Quarter of the South East Quarter of Section Thirteen (13) in Township Fifty-Two (52) of Range Thirty-One (31), containing in the aggregate 80 acres.

And the court further finds that, at the time of the death of the said Sarah A. Quisenberry, she was not indebted to any one; that no debts were due her and that all her funeral and other debts incident to her last illness have been paid, leaving no necessity for an administration of her estate.

And the court further finds that the said Sarah A. Quisenberry, at the time of her death, left as her sole heirs at law the following children, who were each entitled to one undivided fourth of said above described land, niz: Fannie Covington, intermarried with Henry Covington now deceased Lillie Means intermarried with John H. Means, George L. Quisenberry and Lavina M. Moberly, intermarried with Lafayette Moberly.

And the court further finds that on the 13th day of June, 1893, the sheriff of Clay County, Missouri, by due process of law, sold all the rights, title and interest the said George L. Quisenberry had in and to said above described land to the plaintiff, Andrew Means which said sale is considered by ?? of C??  from said sheriff to said Andrew Means of record in book 101 at page 114 of the land records of Clay County, Missouri.

And the court further finds that the respective interests now in said land is as follows, niz: the plaintiffs, Fannie Covington, Andrew Means and Lillie Means, and the defendant, Lavina M. Moberly, are each owners of one undivided one fourth thereof.

And the court further finds that, by reason of the number of parties owning said land, and the location of the same, parties in kind can not be made of said land without great injury to the parties interested therein.

It is therefore considered, ordered, adjudged and decreed by the court that ?? of said real estate by and the same is hereby made, awarding the parties ??  hereto according to their respective rights and interests as ascertained and declared by the court and for the purpose the sheriff of Clay County Missouri is hereby ordered to sell said land and distribute the proceeds thereof awarding the parties according to the rights and interests as ascertained by the court and in making said sale he shall be governed by the same regulations prescribed by law for sales of real estate under execution, ?? thereof being given in the same manor by said sheriff as provided by law for such sales; and this cause is continued.