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IN THE CIRCUIT COURT OFCEDAR COUNTY, MISSOURICIRCUIT DIVISION Rebecca Clark, Plaintiff vs. Debra S. Day, and Allan D. Cason, and Rickey A. Cason Defendants. Case No. 21CD-CV00181 AMENDEDJUDGMENT OF PARTITIONAND ORDER OF SALE On the 11th day of April, 2022, this case came on for hearing on Plaintiff' Motion for Order of Sale. Plaintiff appears by counsel, Peter A. Lee. Defendant Rickey Cason appeared by counsel, Jennifer Fields. No other parties appear, whether in person or by counsel. The court reviews the pleadings and affidavits filed in the case. Defendant Rickey Cason does not object to the relief sought in the Motion. Upon reviewing the record, the court does hereby find as follows: Before the court is the Plaintiff's Petition for Partition of Real Estate, involving the following described property: A tract of land being located in the North Half (N 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Twenty-one (21), Township Thirty-four (34) North, Range Twenty-five (25) West of the 5th P.M., Cedar County Missouri, being described as follows: Commencing at the Southwest corner of said N 1/2 of the SE 1/4 of the NW 1/4; thence N 00º33'03" E, along the West line of said N 1/2 of the SE 1/4 of the NW 1/4, a distance of 282.24 feet to the point of beginning; thence continuing N 00º33'03" E, 383.21 feet to the Northwest corner of said N 1/2 of the SE 1/4 of the NW 1/4; thence S 89º29'23" E along the North line of said N 1/2 of the SE 1/4 of the NW 1/4, a distance of 1331.45 feet to the Northeast corner of the N 1/2 of the SE 1/4 of the NW 1/4; thence S 00º29'37" W, along he East line of said N 1/2 of the SE 1/4 of the NW 1/4, a distance of 410.19 feed; thence N 88º19'46" W 1332.14 feet to the point of beginning. Subject to rights of way for road purposes and easements, public and private, as the same may now be located. All defendants have been served, and have either consented to partition, or are in default. There are four parties who share an interested in the above described real estate. The real estate consists of a single-family dwelling, a detached garage, and several acres of land. A fair partition of the land cannot be made in kind without great prejudice to those entitled to share therein, and therefore, the land should be sold and the proceeds divided. Plaintiff is entitled to partial judgment on the issue of the sale of the property, leaving for hearing at a later date, the division of the proceeds of the sale. WHEREFORE, it is therefore ordered that the Sheriff of Cedar County, Missouri sell the above described real estate at public sale to the highest bidder without the appointment of commissioners in the manner described in Civil Rule 96. Sale will be conducted at 9:00 A.M. at the east door of the Cedar County Courthouse on Monday, August 15th. The Sheriff of Cedar County, Missouri is ordered to cause notice to be published in a newspaper of general circulation in Cedar County, Missouri once a week for four weeks with the first date of publication being no less than thirty days prior to the sale. The Sheriff is ordered to conduct the sale at the East door of the Cedar County Courthouse on or before, but no later than August 15, 2022. SO ORDERED. David R. Munton Circuit Judge

Posted 12/31/1969


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