Circuit Court Clerks Manual Civil Chapter 4 Pre-Trial

ORDER

IN THE CHANCERY COURT OF , MISSISSIPPI

V.

and

AND THE HEIRS-AT-LAW

OF

ORDER

THIS DAY this cause came on for hearing on the Complaint to Correct Warranty Deed

and to Remove a Cloud filed by and and this Court considered the same,

makes the following findings of fact:

1. This Court has jurisdiction over the parties and subject matter.

2. and two of the defendants in this cause, executed a waiver of

process and join order of request for relief sought by the and

3. cannot be located after diligent search and inquiry as shown by the sworn

affidavit of but is properly before this Court pursuant to publications of the summons

authorized by Rule 4(c)(4).

4. Any other heirs-at-law of cannot be located after diligent search and

inquiry as shown by the sworn affidavit of , but are properly before this Court pursuant to

publications of the summons authorized by Rule 4(c)(4).

5. The Warranty Deed from and , dated November 1952 in favor of

(one and the same as ) as recorded on January 23, 1953 at 9:30 a.m. in Book at

Page contained an error in its legal description in that it failed to include the legal

description of .55 acre tract located north of a county road, Hollybush Road, but lying and being

situated in Section 1, Township 7 North, Range 3 East, Rankin County, Mississippi.

6. The .55 acre tract has been held in an open, continuous, hostile and notorious

fashion for in excess of ten (10) years by , her grandson, , her granddaughter,

and her granddaughter's husband,

7. Pursuant to deeds among the parties, the .55 acre tract is now titled in and

her husband, , subject to the claims of and his heirs-at-law.

8. The Warranty Deed referred to above should be and hereby is corrected by this

Order and Judgment. The cloud upon the title of the heirs-at-law of should be and hereby

is removed by this Order and Judgment and title to the property should be and hereby is

adjudicated in and on the basis of correction of the scanner's error in the deed at

Book , Page , adverse possession and the other matters set forth in this Order and

Judgment. Therefore, the relief requested in the Complaint is well-taken and should be granted.

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that:

1. The Warranty Deed dated November 1952 executed by and

recorded on January 23, 1953 at 9:30 a.m. in Book at Page is hereby amended and

reformed to correct the erroneous legal description to add the following additional property as a

Part of that Deed and having been conveyed by that Deed as if originally included within the

facts, figures and language of the deed:

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the cloud to title of

the above referenced tracts of the heirs at law of , including, but not limited to the claim, if

any, of and should be and hereby is removed and discharged.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that and

have full right, title and interest in and to the above described property by virtue of adverse

possession as to any right, claim or title that might otherwise have been asserted by the heirs-at-

law of , including, but not limited to the claims of and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Chancery Clerk is

hereby directed to file a copy of this judgment in the land records and index it as being in the

SO ORDERED, ADJUDGED AND DECREED this the day of, 20