The Butler weekly times., 1896-11-05
Order of Publication.
STATE OF MISSOURI J :.

r.
County of Bates.
In the circuit court Of Bates county. Missouri.
In vacation November term l>.si, seo Miller
plaintiff, ". James Dunn. lr.. and the an
known heirs OF James Dunn, Jr.. deceased. &.
John Barnes. aud the unknown heirs of John
Barnes. deceased, William IL Daniel and the
unknown heirs of VI llilala III Daniel, deeeas-
ed, defendants.
Now al this day comes the plaintiff herein by
his attorneys, Graves Clark, before the un-
dersigned clerk of said court in vacation and
files his petition and affidavit. alleging among
other things that defendants are non-residents
Of the state Of missouri. AMI which petition and
affidavit are As follows:
STATE OF MISSOURI -
County of Bates.
In Circuit Court, November term, issd.
George Miller, PiaIntlu.
James Dunn. Jr. and the unknown
heirs Of James Dunn. Jr.. deceased.
John Barnes and the unknown heirs
of John Barnes, deceased. William
II Daniel. and the unknown heirs of
William III Daniel, deceased, Defendants
Plaintiff for his cause OF action says that he
owns in fee simple, and holds title and posses
sion of and To the following described lands in
Bates county, Missouri. to-wit:
Lot seven IA and the east oue-haT u-2}
of lot eight Isl Of the northeast quarter of sec
tion two ~ in township thirty nine tS9l of range
thirtv-one (3n. That the same has vested in
him aud those unner whom he claims by the
statute of limitations under the provisions of
section $40 of Chapter i03 Rev STAT of Missouri
tlS>.H. That the equitable title cnenaTcd from
the government OF the ittpIt
ten years prior hereto. and more than tiirty-one
wears prior 10 the bringing of this action. That
this plaintiff and his immediate grantorS have
had the possession OF and pain the taxes on said
lands for more than rhlrty-onc years prior 10
this date.
Plaintiff further AYERS that more than thirty
one wears ago James Dunn. Jr., John Barnes
and William IL Daniels appear to have acquired
some title or interest III said lands Of which they
have made no valid conveyance in legal FORM
although they have had no possession control
tit,Irp. fnrn 1nr
one for them have had or claimed any right in
and 10 said lands during said period. That their
said interests appear by conNeyanees from the
general government So far as the first two are
concerned. and by virtue of deed of trust so
far a. the last mentioned defendant is concerned.
That if the said defendants dead their said
heirs, which are unknown, would have a like
interest in and to said lands, in the same way
and for the same reasons as the SAID defendants.
Plaintiff further says that saiu defendants are
not residents OF Missouri, and If 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 X 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 are 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 be more fully set out.
W. W. GRAVES
Subscribed and sworn to before me this .3rd
day of September, lsG.
tsEALl STEWART ATCHESON,
Clerk of the Circuit Court.
Whereupon it is ordered by the clerk in yaea-
hat u Han Eyat
uon 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
tiff to the lands set forth in said petition and
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 so long continue,
and if not, then 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
judgement will he rendered accordingly,
And be ii further ordered that n copy hereof
be published, according to law, in the BUTLER
NEELY TIMES weekly newspaper printed and
published in Bates county, Mo- for four weeks
successfully the last insertion to be at least ff-
teen days before the first day of the next term
of the circuit court
STEWART ATCHESON, Circuit Clerk
trne copy of the record Witness my hand
and the seal of the circuit court of
tsEALl Bates county, this ,3d day of Septem-
Der lsssi. Done at Office in Butler Mo
STEWART ATCHESON,
45-4t Circuit Clerk.