The Butler weekly times., 1896-10-08
I VIf
Tuesday. December I 1896.
Order of Publication.
STATE OF MISSOU RI. t,

STATE OF MISS0UR RI,
County of Bates.
In the Circuit Court OF Bates county Missouri
in vacation, September 26th, ISg6. Frank
Allen and Maude \ Allen, plaintiffs vs. Ben
lamin Dye, or the unknown heirs OF Benjamin
Dye, deceased. Priscilla Dye, or the unknown
heirs OF Priscilla Dye, deceased, and Mariah
Dye, or the unknown heirs of Mariah Dye
deceased. defendants.
Now at this day come the plaintiffs herein by
their attorneys, Graves 4 Clark, before the
! 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 of Missouri. Whereupon il
Is ordered by the clerk in vacation that said de-
1endants 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 rs
filed herein is in the the following words and
figures
STATE OF MISSOURI,
County of Bates.
In Circuit Court November term. 1896
Frank Allen and Maude Allen, Plaintiffs.
Vs.
Benjamin Dye, or the unknown heirs
of Benjamin Dye. deceased, Pris-
ella Dye or the unknown heirs of
Priscilla Dye, deceased Mariah Dye
or the unknown heirs of Mariah Dye
deceased, Defendants
Plaintiffs for their cause of action state that
they own and hold title to the following describ-
ed real estate in Bates county, Missouri o-wit:
The southeast quarter of the northeast quarter
of section eight ts) in township thirty-nine t39
of range thirty-one (3l, and that they hold the
possession of the same That the title to the
same has vested in them and those under whom
they claim by the statute of limitation under
the provisions of section $40 of chapter l0S of
the Rev. Stats. of Missouri 1850. That the
equitable title enaDated from the government
of the United States more than ten wears prior
hereto, and more than thirty-one wears prior Ia
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
thlrty-one years prior to this date.
Plaintiffs aver that one Vincent Dye acquired
title to said land by conveyance made to him in
the year ls60 and has never made CONVEYANCE in
legal form to any since said time and of
record appears to have and hold AN interest in
said lands. That the said Vincent Dive depart-
ed this life in the year ISL, and said lands have
been held adversely to him and the defendants
herein since said date. That the defendants.
Benjamin Dye, Priscilla Dye and Nariah Dye
are children OF said Vincent DYE and if living
would have an interest in the subject matter ot
this suit. That ii they are dead, then their
heirs would be likewise interested in the SUBJ
leet matter Of this action, in the same way and
for the same reasons. That the said defendant
are not residents of this state, and if the said
Benjamin, Priscilla and Marian Dive 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
more dehmtely set forth; That their said un-
known heirs are not residents Of this state That
the line of grantors through whom these plain-
tins claim have had the open and notorious nos
session of said land for more than ttjrtylnne
1
and the defendants herein and have Maid 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 be vested in these plaintiffs by
Limitations under the provisions of the statnta
aforesaid. and for all other and further relief
GRAVES Il CLARK,
Attorneys for Plaintiff.
Frank Allen being duly sworn, upon his oath
for himselfand his eo-plaintiT. says that the
facts set forth in the foregoing petition are true
and correct. That the said defendants Beuia-
min Dye Priscilla DYE and Marian Dive are no,
residents of Missouri. and that if they are dead
their legal heirs are unknown TO plaintiffs, and
| for that reason their names and exact intere-,
| can not be set out definitely herein
| FRANK ALLEN,
Subscribed and sworn to before me this 18th
day of September, lsssi.
c. P. cATRoN.
tsEALI Notary Public.
| Ny term expires Jan 3 30 I-as.
| and that unless the said defendants be and an
pear at this court at the next term thereof t.
| be begun and holden at the court house in tn.
| clty OF Butler. in said county. on the 10th day
of said term if the term shall 50 long continue
and If not. then or before the last iaF of said
| term. answer or plead to the petition in said
| cause. the same will be taken a confessed and
| judgment will be rendered accordingly
And De 1t further ordered that copy bereo.
! be published according ~ law. in the BJrIEI
WEEKLY TINES, weekly newspaper printed
| and published in Bates county. Mo. for fpu,
| weeks suecessiyely the last insertion 10 be Al
| least fifteen days before the Erst day of the
next term of the circuit court
| STEWART ATCHESoN Circuit Clerk
| A true copy Of the record Witness NV ham
and the seal of the eircui. court q
| tsEALi Bates county this ssth day Of Sep.efn.
| ber- lsas. STEWART ATCHESJN.
| \. Grcui. Clerk