The Butler weekly times., 1896-10-29
Order of Publication.
STATE OF AIssOL RI. !

| County nG Bates
! In the Cir.ui. Court OF Bates county. Missouri
| in vacation. September 2bth. l-9G, Frank
| Allen and Aaude \ Allen, plaintiffs, vs. Ben
| jamin Dye, or the unknown heirs ot Ben amin
| Dve deceased. Priscilla Dye, ar the unknown
heirs Of Priscilla Dye, deceased and Marian
| Dve, or the unknown heirs Of NaraA Dye.
| deceased, defendants
| Snw at mis- dav come tile plantifrs herein by
| their attorneys. Graves X Clark, before The
unders gnrd clerk Of the circuit court 81 Bates
| county, Missouri, in vacation and iIt their
| petition and anidayit, alleging among other
things. that defendants each and ali are Hpt res
| iderlt- of the state of Missouri. Whercupop il
i ordered hy the clerk in vacation that said de-
PENDANTS be notified by publication that plaintiffs
| court the general nature of which j. fully sat
| forth in their petition which said petition d,
| filed herein Is IN the the following words anl
figures;
STATE OF MISSOURI,
County 0f Bates.
In Circuit Court, November term, I-GEs.
Frank Alien and Maude a Allen, Plaintiffs.
Benjamin Dye. or the unknown heirs
of Benjamin Dye. deceased, Pri--
ella Dvc or the unknown heirs of
Priscilla Dye, deceased Marian Dye
or the unknown heirs of fMarfah Dye
deceased, Defendants
Plaintiffs for their cause Of action stale that
they own and hold title 10 the following tlesrrb-
ed real estate in Bates county, Missouri to-wit:
The southeast quarter of the northeast quarter
of section eight ~ in township thirty-ninc f3gy
of range thrty-one t3ll, ard that they hold the
possession of the same. That the title to the
same has vested in them and those under whonl
they claim by the statute Of Limitation under
the provisions of section $40 of chapter l03 OF
the Rev. Stats. of Missouri Ii>s1. That the
equitable tide emanated from the government
OF the United States more than ten wears prior
hereto, ana more than thirty lone years prior tp
the bringing of this action. That these plaintiffs
and their grantors have had the possession of
and paid the taxes on said lands for more than
thirty-one years prior 10 this date
mi rod
title To said land by conveyance made To him in
the year lS'0 anu has never made convey anrt. in
legal form to any one since said time and of
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
been held adversely TO him and the defendants
herein sine said date That the defendants
Benjam Dye, Priscilla Dye and Mariah Dive
children OF said Vincent DYE and if living
would have an interest in the subject matter Of
this suit, That if they are dead, then their
heirs would 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 Mariah Dve are dead
their legal heirs are unknown to these plaintiffs
and for that reason their names can not be in
serted herein and their respective interests
known heirs are not residents of this state That
the line of graDt0rs through whom these pIain-
ufs claim have had the open and notorious pos
session OF SAID land for more than thirty-0ne
years as against the said Vincent Dye aforesaid
and the defendants herein, and have paid the
taxes thereon during said period.
Wherefore plaintiffs pray that this court make
and enter its decree declaring the title to the
land aforesaid to he vested in these plaintiffs by
Limitation. under the provisions of the statute
aforesaid, and for all other and further relief
GRAVES Il CLARK,
Attorneys for Plaintiff
Frank Allen being duly sworn, upon his oath
for himself and his co-piaintifT, SAYS that the
facts set forth in the foregoing petition are true
and correct. That the said defendants, Benla-
min Dye, Priscilla Dye and Marah DYE are not
residents of Missouri, and that if they are dead
their legal heirs are unknown to plaintiffs and
Tor that reason their names ami exact interest
can not be set out definitely herein.
Subscribed and sworn to before me this 26th
day of September 1886.
c. p. CATRON,
lsEALl Notary Public.
My term expires Jany 80, 1899
ana that unless the said defendants be and ap-
pear at this court, at the next term thereof to
be begun and holden at the court house in the
city ot Butler, in said county. on the 10th day
OF November next, and on or before the Sd dav
OF said term, If the term shall so long continue
and II not, then on or before the last day of said
term answer or plead to the petition in said
cause, the same will be taken as confessed and
Judgment Will be rendered accordingly
Ana De IL further ordered that COPY hereof
De published according to law, in the BUTLER
EEkLi limbs, weekly newspaper printed
anu published in Bates county, Mo, for four
weeks successfully the last insertion to be at
least fifteen days before the first day of the
next term OF the circuit court
STEWART ATCHESON, Circuit Clerk.
true copy of the record. Witness INV hand
and the seal of the circuit court of
lsEAL1 Bates county, this 26th day of Septem-
Der, 1896. STEW ART lATCHESON,
10 fjrpujt flark