The Butler weekly times. (Butler, Mo.) 1881-1918, 1896-10-01
Order of Publication
STATE OF MISSOURI

T.
County Of Bates.
In the Cir, uit Court Of Bates county Missouri
IN vacation, September 18th, lss@, Frank
Allen and Maudc 4 Allen. plaintiffs vs. R.u-
lamin Dye, or the unknown heirs Of Beniamits
Dye, deceased. Priscilla nye, or the unknown
heirs of Priscilla Dye. deceased, and Marian
Dye, or the unknown heirs OF Mariah Dye
deceased defendants.
Now at this day COME the plaintiffs herein by
their attorneys. Graves Clark, before thu.
undersigned clerk of the circuit court of Bates
county, Missouri, in vacation and file their
petition and affidavit, alleging among other
things. that defendants each and all are not res
idents of the state ut Missouri. Mhereupon il
is ordered by the clerk in vacation that said de
PENDANTS be notified by publication that plaintiffs
have commenced a suit against them in this
court the general nature OF which Is fully set
forth in their petition which said petition ~
filed herein is IN the the following words and
STATE OF MISSOURI
County of Bates.
In Circuit Court November term, ls9d.
Frank Alien and Maude \ Allen, Piaintih--
vs.
Benjamin Dye, or the unknown heirs
of benjamin Dye, deceased, Pris-
ella Dye or the unknown heirs Of
| Priscilla bye, deceased. Marali Dye
or the unknown heirs of MarIah Dye
| deceased, Defendants.
| Plaintiffs for their cause Of action state that
| they own and hold title Ia the following dtscrib-
ed real estate in Rates county. Missouri to- wit.
The southeast quarter uf the northeast quarter
Of section eight (el in township thirty nine (39
OF range thirty-one tSll, and that they hold the
I
! same has vested in them and those under whom
+, they claim by the statute of limitation under
the provisions of section G7To af chapter los Of
the Rev stats. of Missouri ilSeH That the
equitable title emanated from the government
of the United States more than ten years prior
! hereto. and more than thrty-nne years prior I"
| the bringing Of this action That these plaintiffs
| and their grattors have had the possession os
| and paid the taxes on said lands for more than
| thirty -one years prior TO this date.
Plaintiffs aver that one Vincent Dye acquired
title To said land hy conveyance made 10 him in
the year lsG0 and has never made convey ance In
legal form TO any since said time, and a
record appears To have and hold an interest In
said lands. That the said Vincent Dye depart
ed this life in the year ISL, and said lands have
| herein since said date. That the defendants,
! Benjamin Dye, Priscilla Dye and Marah Dye
| would have an interest in the subject matter of
this suit. That il they dead, then their
heirs wonld be likewise interested in the sub
| ject matter Of this action in the same way and
| for the same reasons. That the said defendants
, are not residents of this state and if the said
Benjamin, Priscilla and Marian Dye are dead j,
their legal heirs unknown To these plaintiffs
and for that reason their names can not be in
l serted herein and their respective interests
more definitely set forth. That their said nn-
known heirs not residents Of this state. That
the line Of grantOrs through whom THESE plain
tiffs claim have had the open and notorious pos
! session of said land for more than thirty -on..
years as against the said Vincent Dye aforesaid
| and the defendants herein. snd have paid the
/ taxes thereon during said period.
| and enter its decree declaring the title To the
land aforesaid u be vested in these plaintiffs by
/ limitations under the provisions of the statute
aforesaid, and for all other and further relief.
GRAVES L CLARK,
u Attorneys for Plaintiff
Frank Allen being duly sworn, upon his oaif
for himself and his cD-piaintif, says that th'
facts set forth in the foregoing petition are tru,
and correct. That the said defendants, BeDJa
1 min Dye. Priscilla Dye and Marian Dye Des
residents of Missouri. and that if they are deae
their legal heirs are unknown t1 plaintiffs, ans
u tor that reason their names and exact interes
can not be set out definitely herein.
. FRANK ALLEN,
e Subscribed and sworn te before this 2;t.
day of september, 1875
fsEALl Notary Public
~ term expires Jan y ,o I-s9.
/ and that unless the said defendants be and ap
e pear AT this court, at the next term thereof,
le i,e begun and holden N the court house In III
ae city Of Butler, in said c9anty. on the 10th da
II or November next. and or pt-1oFe It's" 81 ia
Of said term, IL the term shall ~ long continue
~ and If not then befoTe t8e laSt day oi sal
u term. answer or plead to the petition in sal
ns cause the same will he taken confessed, an
}udgrueDt will be rendered accordingly.
IN And be il further ordered that copy herff
= be pu biI-hc1 according u Ia*, IN the ~ yIF
81 WEEKLY TINES, weekly newspaper prihie
VI / and published in Rates county, Mo, tor 'ot
-s' wenka sucs-cssiseiy the lat Insertion 10 b.
y lea-, fifteen days before the first day ~ ii
ot ! next term uf the circuit court,
~ STEWART ATCHk.Ds. Circuit CLERK
lip i true copy Of the record II ta"s= my LAB
xo ard the -cas .. ths circuit court
IRE [-E.Lj Bates county, th1- 25stast 81 ~s.pte'a
on her l-gs STEW AEf A1GHE@Ds
A. Circuit I4efl