The Butler weekly times., 1896-11-05
Order of Publicatiop
STATE OF MISSOURI.
iNAl,nra of Rai.aS

STATE OF MISSOURI
County of Bates.
In the Circuit Court of Bates ,aanty. M;ay
in vacation, September 18th lSs6 SNslak
Allen and Maude a Allen. plaintiffs. N
iamin Dye, or the unknown heirs OF Ran;sN
Dye, deceased; Priscilla Dye, or the unina.s
heirs of Priscilla Dye, deceased, and Nh
Dye. or the unknown heirs OF Mariah ~
deceased. defendants. w
Now at this day come the plaintiff, ha,s,.,
their attorneys, Graves \ CLARK hasasss y
undersi gned clerk of the circuit court aS M -
county, Missouri. in vacation and fla rsaA ~
petition and affidavit, alleging smong a.se ssee
things, that defendants each and all are nas sas
ittents of the state OF Missouri. Wherana.9ss
is ordered by the clerk in vacation thai 80
PENDANTS be notified 10y publication that nls;s,sss
have commenced II suit against them Ia ss sae
court the general nature OF which is fully ~ -
forth in their petition which said petitias y 3
hled herein is in the the following words - =
figures
STATE OF MISSOURI,
County of Bates.
In Circuit Court, November term. lss
Frank Alien al Mautie \ Allen, Plaintiss
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 nve
deceased, Defeuiian,s
plaintiffs for their cause of action stsfs ~.
they own and hold title Ia the following ias.,:n
ed real estate in Bates county, Missouri tnwi..
The southeast quarter Of the northeast auar,ss
of section eight ~ in township thirty.n,na,M v
OF range thirty y-one (Sll, and that they ha,S "
possession of the same. That the title n - -
same has vested in them and those under whs.s
they claim by the statute of limitation ani,,
the provisions Of section $40 OF chapter las =
the Rev. Stats of Missouri ClSsa. Thar ~
equitable title emanated from the goyernmss,
ot the United States more than ten years M
hereto, and mere than thirty-one years prior .
the bringing OF this action. That these piant,s
and their grantors have had the possession =
and paid the taxes on said lands for more thss
thirty-one wears prior 10 this date
Plaintiffs aver that one Vincent Dive aeon;,.s
title To said land by conveyance made to him \
the year 1850 and has never made c9nyeysncai i
legal form to any one since said time and !,
record appears To have and hold an interest i
said lands. That the said Vincent Dive dens.s j
ed this life in the year 1851. and said lands Inv.
been held adversely 10 him and the defendant
herein since said date. That the defendant
Benjamin Dye, Priscilla Dye and Mariah Is.
are children of said Vincent Dye and If liy,ns
would have an interest in the subject matter 3
this suit. That il they are dead, then fhei,
heirs would be likewise interested in the srA
Jeet matter of this action, in the same way snd
for the same reasons. That the said defendant
are not residents of this state. and if the s.S
BENJAMIN, Priscilla and Mariah Dye are deal
their legal heirs are unknown to these plainfiNs
and for that reason their names can not he IN
serted herein and their respective INTEREST,"
more definitely set forth. That their said mn
known heirs are not residents of this state TNst
the line OF grantors through whom these plain.
tiffs claim have had the open and notorions n,s.3
session of said land for more than thirtv.or.
years as against the said Vincent Dye aforesaid
and the defendants herein, and have paid he
taxes thereon during said period.
Wherefore plaintiffs pray that this court malAs
and enter its decree declaring the title 10 fhe
land aforesaid to be vested in these plaintitYs hy
limitations under the provisions of the statuts
aforesaid, and for all other and further relief.
GRAVES 4 CLARK,
Attorneys for Plaintiff
Frank Allen being duly sworn upon his oaih
for himself aud his co-plainttf, says that a.
facts set forth in the foregoing petition are true
and correct. That the said defendants Ren,as
min Dye, Priscilla Dye and Mariah Dye arr nj
residents Of Missouri, and that if they are dead
their legal heirs are unknown to plaintiffs 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 18Th
day of september, 1885.
c. ?. CATRoN,
IsEAL Notary Public.
Ny term expires Jan Y 30, 1889
and that unless the said defendants be and m.
pear at this court, at the next term thereof h
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 I'd DIV
OF said term. if the term shall so long coptnue.
and If not, then on before the last day OF ssid
term, answer or plead tn the petition in ssid
cause, the same will be taken as confessed and
judgment will be rendered accordingly.
And be 1t further ordered that copy hereof
be published according to law, in the BuTLxn
WthkLS t,,l lIMEs, a weekly newspaper printed
and published in Pates 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 my hand
and the seal of the circuit court of
[sEALl Bates county. this 26th day of Septern-
Der, 1856. STEWART ATCHEsON.