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m[?] this action that the complaint of said action was
filed in the office of the clerk of this court on the 20th day of
August[crossed out] A. D. 1866 and a summons issued thereon on the 4 day
of October A. D. 1866, that between the date of the filing of said complaint
and the issuance of said summons that is to say on the 13th cay of August 1866
the defendant Jas. B. Sacry departed this life that on the 24th day of
September A. D. 1866 one Jno. H. Holman was duly appointed administrator of the
estate of said Jas. W. Sacrey by an order of the probate court of said County
of Sonoma and werein the said Sacry died leaving estate therein.
And
the affiant further states that the summons issued in this cause as aforesaid
was by mistake or accident directed to James instead of Henry Beaver that no
service has been made of said summons upon said Beaver, and affiant further
states that he is informed by counsel and alleges the fact to be that Walter C.
Cockrill, Jas Woods, Sophia Boggs, A. L. Boggs and Jas B. Boggs and necessary
and proper parties to a complete determination of the rights of the other
parties to this action.
And affiant
further says that it is necessary and proper to set forth in the complaint
herein the reason (if any) why said Walter C. Cockrill, Mary M. Case, and James
M. Case husband are not made parties Plaintiff in this action and also that the
title of this action should be as set forth in this affidavit.
Wherefore affiant asks leave of the court to amend
the complaint in this cause, in accordance with the said advise of his counsel
and that an al[?] summons herein directed to and served upon the
additional parties to this action named in this affiants [?] and also
upon Henry instead of James Beaver and that this cause may be continued until
the next regular term of this court and for such other and further[?]
order as may seem meet[?] to the court.
Sworn and signed by Jeremiah Claypool
19 Feby 1867
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