The Butler weekly times., 1896-10-29
Order Of Publication.
STATE OF MISSOURI , 90

I L =
County of Bates.
/ lu the circuit court of Bates county, Missouri
I'm vacation November term l-.si Geo { Miller
| plaintiff ". James Dunn, Jr.. and the un-
| known heirs OF james Dunn, Jr. decreased
John Barnes, and the unknown heirs of John
! Barn"- deceased. William II Daniel and the
| unknown heirs uf William ii Daniel, deceas-
ri. defendants.
| Now at this DAY comes the plaintiff herein by
hi- attorneys, Graves Il Clark. before the un-
dcrsigne'i clerk OF laid court in vacation and
.ile- hl- petition and aftdaNit, alleging among
other things tIat defendants ar" non residents
vi the state OF missouri, and which petition ana
affidavit are "a follows:
STATE OF MISSOURI,
County of Bates.
In Circuit Court, November term, IS9i.
George { Miller, Plaintiff.
James Dunn, Jr.. and the unknown
heirs Of James Dunn. IF, deceased.
John Barnes and the unknown heirs
Of John Barnes, deceased " illlam
II Daniel. and the unknown heirs ot
William II Daniel, deceased, Defendants.
Plaintiff for his cause of action says that he
oW n in fee. simple, and holds title and posses
sion of and to the following described land, in
Bates county, Missouri, to-Wlt.
lot seven % and the east 0ne-half N-2}
Of lot eight ~ of the northeast quarter Of Sec
ton two f.l in township thirty-ninc t39) of range
thirty-oue Giil. That the same has vested in
him and those unner whom he claim, by the
statute Of limitations under the provisions OF
section $40 Of Chapter l03 Rev stat of Missouri
(I-s9l That the equitable title emeDatrd from
the government of the United state, more than
ten years prior hereto, and more than tlhrty-one
years prior to the bringing of this action. That
this plaintiff and his Immediate rrantnrs have
had the possession of and paid the taxes on said
lands fer more than thirty-Une years prior To
this date
Plaintiff further AYERS that more than thirty
one wears ago james Dunn. Ir., John Barnes
and William ii Daniels appear to have acquired
some title or interest in said lands OF winch they
have made no valid conveyance in legal form,
although they have had no possession or control
thereof for more than thirty -one years, and no
one for them have had or claimed any right III
and To said lands during said period. That their
said interests appear by conVeNanCcS from the
general government SO far as the first two are
concerned, and by virtue of a deed of trust so
far "a the last men toned defendant is concerned
That if the said defendants are dead their said
heirs, which are unknown, would have a ike
interest in and TO said lands, III the same way
and for the same reasons as the said defendants.
Plaintiff further says that said defendants are
not residents of Missouri, and il said defendants
are dead, their legal heirs are unknown to this
plaintiff and for that reason their names can not
be inserted herein, and their respective inter-
ests more definitely set out. That said unknown
heirs not residents of this state.
Wherefore plaintiff prays that this court make
and enter its judgment and decree declaring the
title to the land aforesaid to be vested in this
plaintiff by limitations under the provisions of
said statute and for all proper relief;
GRAVES & CLARK,
Attorneys for Plaintiff.
W W Graves being duly sworn says that he is
agent and attorney for the plaintiff in the fore
going petition, and that the facts set forth there
in are true and correct. That the defendants
named therein not residents Of Missouri
and if dead that their legal heirs are unknown
to the plaintiff or his attorneys, and for that
reason their names and respective interests can
not he more fully set out.
w. W. GRAVES.
Subscribed and sworn to before me this 23rd
day of September, 1886.
IsEALl STEWART ATCHESON,
Clerk of the Circuit Court.
Whereupon ii is ordered by the clerk in vaca-
ton that said defendants be notified by publca-
tiOn that plaintiff has commenced a suit against
them in this court, the object and general ma
ture of which is fully set forth in the petition
of the plaintiff above given, that is to say that
plaintiff asks this court to decree title in plain
that unless the said defendants be and appear
at this Court, at the next term thereof, to be
begun and holden at the Court House in the city
of Butler, in said county, on the 10th day of
November next, and on or before the third day
of said term, If the term shall 50 long continue
and If not, then or before the last day of said
term, answer plead to the petition in said
judgement will be rendered accordingly
And be ii further ordered that copy hereof
be published, according to law, in the BUTLER
WEELY TIMES weekly newspaper printed and
published in Bates county, Mo, for four weeks
the last insertion to be at least fif-
teen days before the first day of the next term
Df the circuit court
STEWART ATCHESON, Circuit Clerk
A trne copy of the recOrd.-Witness my hand
and the seal of the circuit court of
lsEALl Bates county, this 23d day of Septem-
Der 1876. Done at Office in Butler, Mo.
STEWART ATCHESON,
io-4t Circuit Clerk.