The Butler weekly times., 1896-10-15
Tuesday, December l. 1896,
Order of Publication .
STATE OF MISSOURI. }

STATE OF MISSOURI
County of Bates.
In the Circuit Court of Bates county, Missouri
in vacation, September 26th, 1886, Frank
Allen and Maude Allen plaintiffs, VS.. Ben
jamn 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 Marah Dive
deceased, defendants.
Now at this day come the plaintiffs herein by
their attorneys. Graves Il Clark, before the
undersigned clerk of the circuit court of Bates
county, Missouri, in vacation and file their
petition and affidavit, alleging among other
idents of the state of Missouri. Whereupon it
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 as
filed herein is in the the following words and
figures:
STATE OF MISSOURI
County of Bates. S.
In Circuit Court. November term 1886
Frank Allen and Maude A Allen, Plaintiffs.
Benjamin Dye, or the unknown heirs
OF BenJamin Dye, deceased, Pris-
ella Dye or the unknown heirs of
Priscilla Dye, deceased Marah Dive
or the unknown heirs of fMariah Dye
deceased, Defepden.s
Plaintiffs for their cause of action state that
they own and hold title to the following describ-
ed real estate in Bates county, Missouri to- wit:
The southeast quarter of the northeast Quarter
uI seflion elSnt tSl IN township thirty nine
of range thrty-one (3U, 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 upder
the provisions of section 6110 of chapter le3 of
the Rev. Stats. of Missouri nsS9) That the
equitable title emanated from the government
o1 m the nlted states more than ten years prior
hereto, anu more than thirty-one years prior to
The bringing Of this action That these plaintiffs
anu their grantors have had the possession of
and paid the taxes ON said lands for more than
thirty -0ne years prior to this date
Plaintiffs aver that one Vincent Dive arouir red
title to said land by conveyance made to him in
the year lsto and has never made conveyance 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 Dive DEPART
Ell this life in the year 1851, and said lands have
been held adversely to him and the defendants
herein since said date. That the defendants
Benjamin Dye, Priscilla Dye and Mariah Dy,.
| are children OF said Vincent Dye and if living
would have an interest in the Subiect matter of
this suit. That IL they are dead then their
heirs would be likewise interested in the sub
lect 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 Dye 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 definitely set forth That their said nm
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 thirty-one
years against the said Vincent Dive aforesaid 4
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 Ia the
land aforesaid to be vested in these pantifYs nv
limitations under the provisions of the statute
aforesaid, and for all other and further relief
GRAVES i CLARK
Attorneys for Plaintiff
Frank Allen being duly sworn upon his oa tn
for himself and his co-pIaintiff. saws that the
facts set forth in the foregoing petition are true
and correct. That the said defendants Beuia-
min Dye Priscilla Dye and Mariah Dye are not
residents of Missouri. and that if they are dead
their legal heirs are unknown to pIaintifrs and
for that reason their names and exact Interest
can not be set out definitely herein.
FRANK ALLEN,
Subscribed and sworn to before me this aeth
day of september, lSS,
c. P. CATRoN.
lsEALI Notary Public.
My term expires Jan'y 30. ISye
ana that unless tie said defendants be and ap-
pear at this court. al the next term thereof 10
be oeguu anu holden al the court house in the
city of Butler. in said county on the 1oth dav
OF November next. and on or before the 3.j asy
of said term, If the term shall 80 long continue
and II not. then before the last (tay of said
term answer ar plead 10 the petition in said
cause. the same will be taken as confessed and
Judgment will be rendered accordingly
And he II further ordered that copy her,.af
De published according 10 law. in the BuuER
WEEKLY ITNs>- weekly newspaper printed
ana pnDllshed IN BATES county. Mo. for four
weeks suceesslyely the last insertion to be at
least fifteen days before the first ,lay of the
next term of the circuit court
STEWART ATCHESON, Circuit Clerk
a true copy OF the record. Witness my hand
and the seal of the circuit court of
[sEALl Bates county. this as,h dav of Sen,en-
Der. 1ss6. STEWART ATCHESON.
70 Circuit Clerk