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pose of this case it is only necessary to re- | were then, and have since been, and now are, fer to the prayer of the petition, which entitled to the possession of, the following "prays that a writ of mandamus may is- described real estate, and property situated sue from this honorable court, commanding in Wyandotte county, Kansas, thus boundthe said Edward J. Curtis, secretary of ed, to-wit: Beginning at a point six hunIdaho territory, to record the said report dred and forty (640) feet two (2) inches of your petitioner as a part of the proceed-south, sixty-one (61) degrees and thirty ings of the said fifteenth session of the coun- minutes west, from another point thirtycil of the territory of Idaho, and command-four hundred and eighty-four and one-half ing him to expunge from the records and (3,484) feet north, twenty-eight (28) deminutes of the sixtieth day of said session grees and thirty (30) minutes west, from all the pretended proceedings assumed to be the south-east corner of section eleven, (11,) done by S. F. Taylor as president of the township eleven, (11,) range twenty-five, council, and to strike from the files and rec- (25,) in said Wyandotte county, and runord of the laws of Idaho those pretended ning thence from said beginning point south acts of the legislature which were passed sixty-one (61) degrees and thirty (30) minwhile the said S. F. Taylor pretended to be utes west, two hundred and eighty-nine president pro tem. of the council, and (289) feet; thence south, twenty-eight (28) signed by him as such, and for such other degrees and thirty (30) minutes east, one relief as may be proper under the circum- hundred and eighty (180) feet; thence north, stances." sixty-one (61) degrees and thirty (30) minutes east, two hundred and eighty-nine (289) feet; thence north, twenty-eight (28) degrees and thirty (30) minutes west, one hundred and eighty (180) feet, to the place of beginning; except a part thereof described as follows, to-wit: About twentyfive (25) feet by fifty-four (54) feet on the east side of Wood street, being all that is fenced in and occupied by Frank Rodie; and also, excepting that part of said premises described as follows, to-wit: A piece of land fifty (50) feet square in the south-westerly corner thereof, occupied by Anton Hoenf at the commencement of this action. That defendants, at the filing of the original petition and the commencement of this action, unlawfully kept, and are ever since keeping unlawfully, and still unlawfully keep, plaintiffs out of the possession of said premises and real property, in which plaintiffs had and still have a legal estate as aforesaid. Plaintiffs therefore pray judgment against said defendants for the recovery of said real property, and for costs of suit."

For these reasons, and also for those stated in the case of Burkhart v. Reed, ante, 1, (decided at this term of the court,) the demurrer is sustained, and the application for a writ of peremptory mandamus is denied, with costs.

BERRY, J., dissents.

WILKINS et al. v. TOURTELLOTT et al. (Supreme Court of Kansas. July 5, 1889.)

ATTACHMENT-PRESUMPTIONS.

1. Wilkins v. Tourtellott, 28 Kan. 8:25, and Same v. Same, 29 Kan. 513, followed.

2. Collateral attacks upon judicial proceedings are never favored. Irregularities alone are not sufficient to destroy the validity of judicial proceedings, nor are mere omissions from the records sufficient to destroy such proceedings. It will generally be presumed, in the absence of anything to the contrary, that all that was necessary to be done with respect to any particular matter by the officer of a court was not only done, but rightly done. Head v. Daniels, 38 Kan. 1, 15 Pac. Rep. 911. 3. Where the return of an order of attachment shows that the officer attached certain real estate, and that when he attached the same he in fact took possession thereof, and left a true copy of the order of attachment, but does not state in so many words that he left a copy of the order with the occupant, or, if there were no occupant, in a conspicuous place on the real estate, it will be presumed that the officer did his duty when he attached the property, and therefore that the service of the order of at-ises mentioned in said plaintiffs' petition, tachment by him was properly and legally made. (Syllabus by the Court.)

Error from district court, Shawnee ty; JOHN GUTHRIE, Judge.

This case was commenced by George W. Tourtellott and George P. Allcutt, October, 23, 1879, in the district court of Wyandotte county, against Charles Wilkins, Nicholas McAlpine, James M. Mason et al., to recover a tract of land in Kansas City, in Wyandotte county, 289 feet long by 120 feet wide, excepting two small parcels thereof, specially mentioned in the petition.

The defendants, excepting Annie Mason, filed the following answer: "Defendants, for answer, admit that they are in possesSion of the premises described in the plaintiffs' petition, and aver that they are lawfully entitled to the possession thereof, and deny each and every other allegation in said petition contained." And Annie Mason, for her separate answer, alleged: “(1) That she is not in possession of said prem

under any claim in her own right, but only as a member of the family of the said defendant James M. Mason, and under his dicoun-rection and control, without any voluntary act of her own; that in her own right she sets up no right, claim, or title, or demand to the said premises save and except that which behooves her and is proper as the wife of the said James M. Mason, specially disclaiming any other right, title, or interest therein. That whenever the court renders a decree against the said J. M. Mason, or a judgment herein for possession of said premises, and he departs therefrom, so she will do likewise. (2) That, except as above, said defendant Annie Mason says that she denies each and every allegation in said petition contained. (3) Said defendant further says that she denies that she is a proper party to this suit. (4) Said de

The amended petition, upon which the cause was tried, was as follows: "That at the time of the filing of the original petition herein and the commencement of this action, plaintiffs had, and ever since had had and now have, a legal estate in, and

"(1) That in 1860 David E. James was the owner of the undivided three-eighths interest in a portion of what is known as 'Armstrong's Reserve, No. 1,' and March 5, 1860, James executed to James Gladden a titlebond for an undivided ten acres of this land, and described the premises as the west half of the south-west quarter of section eleven, (11,) and the east half of the south-east quarter of section ten, (10,) in township eleven, (11,) and being in the fork of the Kansas and Missouri rivers in Wyandotte

"(2) That on the same day said James Gladden, in writing, assigned and transferred this bond for a deed to one Henry R. Seegar for the nominal consideration of $1,000, but in fact without any consideration; and which assignment made by the said Gladden to the said Seegar was duly executed, acknowledged, and proved by the said Gladden on March 6, 1860, and recorded in the proper register of deeds' office of Wyandotte county, October 1, 1860, a copy of which bond and assignment is as follows: "Know all men by these presents that I, David E. James, of the county of Wyandotte, and territory of Kansas, do hereby bind myself, my heirs and assigns, to convey unto James Gladden, his heirs and assigns, by a good and valid deed, one undivided ten acres of the west half of the southwest quarter of section No. 11, and of the east half of the south-east quarter of No. 10, in township No. 11, being in the forks of the Kansas and Missouri rivers, in the county of Wyandotte, K. T., and all consisting of one undivided ten (10) acres. It is hereby covenanted and agreed that the aforesaid conveyance shall be made at any time within one year from the date of this instrument. It is also agreed and under

fendant denies that she is a necessary party | there tried in June, 1886, to the court, a jury thereto, and prays the court that the said being waived. On January 11, 1887, that action be dismissed as to her, and she re- court rendered judgment in favor of the cover her costs in this behalf expended of plaintiffs, and filed the following special and from the said plaintiffs." On April 22, findings of fact and of law: 1880, the defendants filed the following supplemental answer: "(1) That on the 11th day of March, 1880, the defendant N. McAlpine, under whom all the above defendants derive such title and possession as they have, and under whom all said other defendants claim, purchased all the right, title, and interest of Jennie M. James, Lewellen E. James, Solomon James, Virginia James, and Annie James, sole heirs and legal representatives of David E. James, deceased, in and to the property in controversy herein, which said purchase was wit-county. nessed by a deed of conveyance made by the said parties named James unto said N. McAlpine, on the date above named. That said deed of conveyance was made after this suit was commenced, and was duly recorded on the date above named in the office of the register of deeds in Wyandotte county, Kan. That by reason of the premises the said defendant N. McAlpine, and the defendants under him, according to their right, became vested with all the right, title, and interest of said parties named James, whatever the same may be. (2) Defendants say that on the 29th day of July, 1879, they purchased of J. C. Douglas, as attorney in fact for I. C. Richards, the holder and owner of a tax-title upon the lands in controversy herein, all the right, title, and interest of said Richards and his wife, H. S. Richards, in and to the lands in controversy herein, and obtained from said Richards and his wife, H. S. Richards, a deed of conveyance for said lands, dated as aforesaid, which said conveyance contained the name of said N. McAlpine as grantee, and was duly executed, acknowledged, and delivered to said McAlpine; by reason whereof all the right, title, and interest of said Charles I. Richards in and to the lands in controversy herein passed to the defend-stood that said conveyance is to be made ant N. McAlpine and the other defendants herein according to their rights. And defendants hereby give notice on the record that said conveyance will be used in evidence on the trial of this case, and the defendants will urge the titles acquired thereunder in defense of this suit." Subsequently the plaintiffs filed the following reply: "For reply to the further and supplemental answer of defendants, filed herein April 22, 1880, said plaintiffs deny each and every allegation thereof, and also deny that said Jennie M. James, Lewellen E. James, Solomon James, Virginia James, C. I. Richards and wife, have ever had, and also that any or either of them have ever had, any right, title, interest, or estate to or in the lands sued for. Plaintiffs therefore pray judgment as prayed for in their petition.'

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subject to and in accordance with the terms and conditions of a certain mortgage given upon said real estate by said James to one Silas Armstrong, and which is recorded in the proper office of the county of Wyandotte, K. T.

"In witness whereof I have hereunto set my hand and seal, this 5th day of March, A. D. 1860. DAVID E. JAMES. [L. S.] "Know all men by these presents that the within-named James Gladden, in consideration of one thousand dollars to me in hand paid by Henry R. Seegar, the receipt of which I do hereby acknowledge, have bargained, sold, assigned, and set over all my right, title, interest, claim, property, and demand whatsoever in and to the within bond unto the said Henry R. Seegar and his assigns forever.

"In witness whereof I have hereunto set my hand and seal, this 5th day of March,

his

"JAMES X GLADDEN. [L. 8.] mark.

At the December term of the district court of Wyandotte county, of 1881, the case was tried to the court without a jury, | A. D. 1860. and judgment rendered in favor of the plaintiff for a recovery of the land sued for. The case was taken upon error to the supreme court, and the judgment reversed. 28 Kan. 825 and 29 Kan. 513. Subsequently the cause was taken on change of venue to the district court of Shawnee county, and

"In the presence of

"LOUIS B. SCOTT.
"JOSEPH E. SNYDER.'

"State of Missouri, County of Jackson

"By Louis B. SCOTT, D. C. "Recorded October 1, A. D. 1860, at 5

P. M.

"V. J. LANE, Register of Deeds.

-ss. Be it remembered that this 6th day | part, the receipt whereof is hereby confessed of March, 1860, before me. John S. Hough, and acknowledged, have granted, barclerk of Kansas City court of common pleas gained, sold, remised, released, aliened, and for Kaw township, in the county and state confirmed, and by these presents do grant, aforesaid, personally appeared James Glad- bargain, sell, remise, release, alien, and conden, who is well known to me as the per- firm unto the said party of the second part, son whose name is subscribed to the fore- his heirs and assigns forever, commencing going instrument of writing, and acknowl- at a point north, 28 degrees west, 3,604% edged the same to be his voluntary act and feet from the south-east corner of secdeed for the uses and purposes therein men- tion 11, township 11, range 25, in the county tioned. In testimony whereof I have here- of Wyandotte, state of Kansas; thence unto set my hand and affixed the seal of south, 61% degrees west, 640 feet two inches, said court at my office in the city of Kan- (640 ft. 2 in.;) thence south, twenty-eight sas on the day and date above written. and a half (28%) degrees east, three hun[L. 8.] "JOHN S. HOUGH, Clerk. dred feet, (300;) thence north, sixty-one and a half degrees (61%;) east, eight hundred and seventy-one feet and two inches (871.2;) thence along the south-west bank of the Missouri river northward, twenty-eight and one-half degrees (28) west, three hundred feet (300;) thence south, sixty-one and a half (61%) degrees west, two hundred and thirtyone (231) feet, to the place of beginning,containing six (6) acres; together with all and singular the hereditaments and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, and demand whatsoever of the said parties of the first part. either in law or in equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances; to have and to hold the same premises as above described, with the appurtenances, unto the said party of the second part and to his heirs and assigns forever.

"By JAMES A. CRUISE, D. R.' "(3) That on July 27, 1864, said David E. James executed and delivered to said Snyder an alleged blank deed, so called, in which the name of the grantee and description of any property were omitted, and authorized said Snyder to fill it up at such time as he might desire, with six acres on the bank of the Missouri river, somewhere between the state line and the mouth of the Kansas river.

"(4) That on January 23, 1867, Thomas Ewing, Jr., and others, commenced an action in the district court of Wyandotte county against William Weer, Thomas H. Swope, David E. James, and others, defendants, among which was the said Henry R. Seegar, for the purpose of obtaining a decree of partition of these premises, thus described in the petition in said action: 'All that parcel of land lying in the fork of the Missouri and Kansas rivers, and between the Missouri state line and the Kansas river, as lies north of Turkey creek, containing about two hundred and sixty acres, more or less;' and in this petition it was alleged that Henry R. Seegar and the other defendants were joint owners of certain of these premises, but in what particular part and proportion they severally owned and were seised was to the plaintiff then unknown.

*(5) That afterwards such proceedings were had in said action for partition in said court that there was assigned, allotted, and decreed to David E. James a tract of forty-three and one-half acres of said premises.

"(6) That in 1868, while James was absent from this state, the said Joseph E. Snyder filled up the deed referred to in conclusion of fact number three by inserting his own name as grantee, and with a description of land by metes and bounds of six acres on the bank of the Missouri river, and filed the deed thus apparently complete for record in the office of register of deeds for Wyandotte county, which alleged deed is in words and figures following:

"In witness whereof the party of the first part have hereunto set hands and seals the day and year first above written. "D. E. JAMES. [L. S. "JENNIE M. JAMES. [L. 8.) "Sealed and delivered in the presence of 'F. L. PARKER.

-88.:

666

666

TRACY W. ROOT.' "State of Michigan, Washtenaw County On this 2d of August, A. D. 1864, before me the subscribed, clerk of the circuit court of Washtenaw county aforesaid, personally appeared David E. James and Jennie M. James, to me personally known to be the identical persons described in and who executed the within conveyance, and acknowledged the instrument to be their own voluntary act and deed; and the said Jennie M. James, on an examination apart from her said husband, having been first made acquainted with the contents of such conveyance, acknowledged that she executed the same and relinquished her dower in the real estate therein mentioned freely, and without any fear or compulsion of her said husband.

[Seal.] "TRACY W. ROOT, Clerk.

A. M.

666

Recorded October 23d, A. D. 1868, at 9

'JAMES A. CRUISE, Register of Deeds.' "This indenture, made this 27th day of “(7) That on the 12th day of April, 1869, July, in the year of our Lord one thousand Snyder conveyed this property back to eight hundred and sixty-four, between Da-James, a copy of which deed, with certifivid E. James and Jennie M. James, his wife, of the first part, and Joseph E. Snyder, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of one dollar to them in hand paid by the said party of the second

cate of acknowledgment and record in the office of the register of deeds, is as follows: "[U. S. Revenue Stamp, 50 cts.]

666

This indenture, made this 12th day of April, in the year of our Lord one thousand eight hundred and sixty-nine, between Jo

seph E. Snyder and Teressa Snyder, his wife, of the first part, and David E. James, party of the second part, witnesseth, that said party of the first part, in consideration of the sum of one dollar to them duly paid, do by these presents grant and convey to said party of the second part, his heirs and assigns, all that tract or parcel of land situate in the county of Wyandotte and state of Kansas, and described as follows, to-wit: Commencing at a point north, 28 degrees west 3,604 feet, from the south-east corner of section 11, township 11, range 25, in the county of Wyandotte and state of Kansas; thence south, 61% degrees west, 640 feet two inches, (640.2;) thence south, 28 degrees east, 300 feet; thence north, 61% degrees east, 871 feet two inches; thence along the south-west bank of the Missouri river north, 28 degrees west, 300 feet; thence south, 61% degrees west, 231 feet, to the place of beginning,-containing six (6) acres, with the appurtenances and all the estate, title, and interest of the said party of the first part therein. And the said Joseph E. Snyder and Teressa, his wife, do hereby cove nant and agree that at the delivery hereof they are the lawful owners of the premises above granted, and seised of a good and indefeasible estate of inheritance therein, and that they will warrant and defend the same in the quiet and peaceable possession of said parties of the second part, their heirs and assigns forever.

"In witness whereof the said party of the first part hereunto set their hands and seals the day and year above written.

of

"JOSEPH E. SNYDER. [Seal.] "TERESSA SNYDER. [Seal.] "Executed and delivered in the presence C. MOHR.'

of Wyandotte, and state of Kansas, and described as follows, to-wit: (Var. 11 degrees east,) beginning at the S. W. corner of a tract of land, conveyed by said James to one James F. Joy, and now known as railroad land, said S. W. corner being the N. W. corner of a certain parcel of land now owned by said James; thence running south, 61 degrees 50 min. west, (580 and 8-10) five hundred and eighty and eighttenths feet; thence south, 28 degrees 10 min. east, 300 feet; thence north, 61 degrees 50 min. east, 580 and 8-10 feet; and thence north, 28 degrees and 10 min. west, 300 feet to the place of beginning, and all to contain four (4) acres; the said land being in township 11, range twenty-five, (25,) in the above-mentioned county and state. This conveyance is made subject to the claim of a mortgage of fifty dollars per acre, given to Silas Armstrong by said James; also subject to the claim of one hundred and twenty-five dollars due to C. F. Welland, due on or before May 12, 1869, with interest at the rate of ten per cent. per annum; also taxes due now upon said above-described land, amounting to $17.50, more or less, with the appurtenances, and all the estate and title and interest of the first party therein; and the said David E. James and Jennie M., his wife, do hereby covenant and agree that at the delivery hereof they are the lawful owner of the premises above granted, and seised of a good and indefeasible estate of inheritance therein; and that they will warrant and defend the same in the quiet and peaceable possession of said party of the second part, his heirs and assigns forever.

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In witness whereof said parties of the first part have hereunto set their hands and seals the day and year above written. "D. E. JAMES. [Seal.] "JENNIE M. JAMES. [Seal.] "Executed and delivered in the presence GEORGE B. WOOD,

of

666

"E. B. BOND and G. R. PORTER, for Mrs. James.'

"State of Missouri, County of Jackson88. On the 14th day of April, A. D. 1869, before me, clerk of the Kansas City court of common pleas in and for said county, came Joseph E. Snyder and Teressa Snyder, his wife, who are personally known to be the same persons who executed the foregoing instrument, and duly acknowledged the ex-dotte-ss.: On the 13th day of April, À. D. ecution of the same. In testimony whereof I have hereunto subscribed my name and affixed my official seal the day and year last above written.

"C. H. VINCENT, Clerk. [Seal.] "Recorded July 1st, A. D. 1869, at 9 A. M. "JAMES A. CRUISE, Register of Deeds.' "(8) That on the 13th day of April, 1869, the said David E. James and wife executed, made, acknowledged, and delivered to Joseph E. Snyder the following deed, which was recorded in the office of the register of deeds at the time hereinafter mentioned, to-wit:

"[U. S. Revenue Stamp, 50 cents.] "This indenture, made this 13th day of April, in the year of our Lord one thousand eight hundred and sixty-nine, between David E. James and Jennie M. James, his wife, of the first part, and Joseph E. Snyder, party of the second part, witnesseth, that the said party of the first part, in consideration of the sum of one dollar to them paid, have sold, and by these presents do grant and convey, to the said party of the second part, his heirs and assigns, all that tract or parcel of land situate in the county

"State of Kansas, County of Wyan

66

666

1869, before me, a notary public within and for said county, came David E. James, to me personally known to be the same person who executed the foregoing instrument, and acknowledged duly the execution of the same. In testimony hereof, the day and year last above written, I have hereunto subscribed my name and affixed my official seal. All interlineations made before signing. M. B. NEWMAN, [Seal.] 'Notary Public. "State of Michigan, County of Washtenaw-ss.: On this 17th day of April, A. D. 1869, before me, the county clerk in and for said county, came Jennie M. James, to me personally known to be the same person who executed the foregoing instrument, and duly acknowledged the execution of the same. In witness whereof I have hereunto subscribed my name and affixed my official seal the day and year last above written. All interlineations made before signing.

JOHN J. ROBISON, Clerk. [Seal.] "[U. S. Revenue Stamp, 5 cts.] "(9) That on December 2, 1867, the said

Joseph E. Snyder filed in the United States the estate of said bankrupt, Snyder, redistrict court for the Western district of maining yet undisposed of. Missouri his voluntary petition in bankruptcy; and in his schedule of property filed therewith Snyder set forth that he possessed no other property than his tools and implements of trade and certain exempt articles of household furniture.

"(10) That said Snyder was, on said 2d day of December, 1867, when he filed his vol-estate situated in Kansas City, Wyandotte untary petition in bankruptcy, the holder and owner of the title-bond described in the conclusion of fact No. first, and did not disclose said bond or blank, concealed the said paper from his said assignee and his creditors, and all knowledge of his interest in said land, if any he had, and procured from said district court of the United States for the Western district of Missouri his discharge, in 1868, without scheduling said real estate.

"(11) That after the said Snyder had procured his said discharge in bankruptcy from said court, the said creditors of said Snyder begun proceedings in said court to set aside the discharge of said Snyder on the ground that the said Snyder had fraudalently concealed from said court, his assignee and creditors, the assets belonging to his said estate, and of which said proceedings and application to set aside his discharge in bankruptcy the said Snyder was duly notified, and appeared in said court to and answered to said proceedings; that it was alleged by said creditors in said proceedings that the following lands and tenements belonged to the estate in bankruptcy of said Snyder, viz.: 'Beginning at a point north, 281⁄21⁄2 degrees west, distance 3,604 feet from the south-east corner of section eleven, (11,) township 11 south, range 25 east of the sixth principal meridian, in the state of Kansas, on the northwardly line of James street, extended, as shown by the plat of Kansas City, Kansas, now on file in the office of the register of deeds in Wyandotte county, Kansas, on page 9 of the Book of Plats, filed on the 3d day of May, 1869, by D. E. James and others; thence south, 611⁄2 degrees west, 640 feet 2 inches; thence south, 28% degrees east, 300 feet; thence north, 61% degrees east, 640 feet 2 inches to the said northwardly line of said James street, extended; thence north, 281⁄21⁄2 degrees west, on said northwardly line of James street, three hundred feet, to the beginning,-containing four (4) acres, more or less;' and also a piece of land described as follows: 'Begining at the same point as above described; thence north, 61% degrees east, to the Missouri river; thence down along said river south, 28 degrees east, 300 feet; thence south, 61% degrees west, 231 feet to the northwardly line of said James street, extended; thence north, 28 degrees west, to the beginning,-containing two (2) acres, more or less.'

"(12) That afterwards by the consideration of said the district court of the United States for the Western district of Missouri, on the hearing of said proceedings it was ordered and decreed that the said discharge in bankruptcy of the said Snyder be, and the same was, set aside by said court; and it was further ordered by said court that the assignee in said court file a complete schedule of all the property belonging to

"(13) That afterwards, on August 19, 1871, the said assignee in bankruptcy filed a schedule of property belonging to the estate of said bankrupt, and which schedule described the following property only, viz. : 'No personal property found. The said bankrupt owns the following described real county, Kansas, and bounded as follows: "Beginning at a point north, 28% degrees west, distant 3,604% feet from the southeast corner of section eleven, (11,) township eleven, (11,) south, range twenty-five (25) east of the sixth principal meridian, in the state of Kansas, on the northwardly line of James street, extended, as shown by the plat of Kansas City, Kansas, now on file in the office of the register of deeds' office in Wyandotte county, Kansas, on page 9 of the Book of Plats, filed on the 3d day of May, 1869, by D. E. James et al.; thence south, 61% degrees west, 640 feet 2 inches; thence south, 28 degrees east, 300 feet; thence north, 61% degrees east, 640 feet 2 inches, to the said northwardly line of James street, extended; thence north 28% degrees west, on said northwardly line of James street, 300 feet to the beginning,containing four (4) acres, more or less." And also a piece of land described as follows: "Beginning at the same point above described; thence north, 61% degrees east, to the Missouri river; thence down along the said river south, 28% degrees east, 300 feet; thence south, 61% degrees west, 231 feet to the northwardly line of said James street, extended; thence north, 28% degrees west, 300 feet to the beginning,-containing two acres, more or less.""

"(14) That on August 24, 1871, the court made an order directing the assignee in bankruptcy to appraise said premises according to law, and sell the same at public or private sale, as he might desire, for the best interest of the creditors.

"(15) That afterwards, on October 12, 1871, the said assignee in bankruptcy reported to said court in writing that he had sold said premises to B. Judd for the sum of $5,120.

"(16) That afterwards, on the 14th day of October, 1871, the said court, having been fully advised in the premises, approved and confirmed said sale, and made an order directing the said assignee in bankruptcy to make and deliver to said purchaser a deed of conveyance for said premises.

"(17) That afterwards, on the 20th day of October, 1871, said assignee in bankruptcy made and delivered to said Byron Judd a deed of conveyance for said premises, in obedience to the said order of the said district court of the United States for the Western district of the state of Missouri, and that said deed contained the following described premises, viz.: 'Beginning at a point north, 28%1⁄2 degrees west, 3,604% feet from the south-east corner of section 11, township 11 south, of range 25 east of the 6th principal meridian on the northwestwardly line of James street, extended, as shown by the plat of Kansas City, Kansas, on file in the register of deeds' office of said county of Wyandotte, page 9 of the

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