The Butler weekly times., 1897-03-18
Order of p ublication.
STATE OF MISSOURI, J
County of Bates. so.


Be it remembered, That heretofore, to-wit: at
aregular term of the circuit court of Bates
county, Missouri. begun and held at the
court house. In the city of Butler on the
first Tuesday after the second Monday in
February, 1897. and afterwards, on the goth
day OF February, 1897, the same being the
Eleventh Judicial day of said term. among
other, the following proceedings. were had,
to- wit: William Nj Cassity, plaintiff,
The unknown heirs of John Wine, deceased
Thomas Il Ashley and the unknown heirs of
Thoma' B Ashley, deceased, defendants
Now at this day comes the plaintiff herein
by his attorneys, Graves CLARK, and files his
petition and affidavit, alleging among other
things that defendants are not residents OF the
state of Missouri: WhereupOn it is ordered
by the court that said defendants be notified
by publication that plaintiff has commenced
suit against them in this court the object and
general nature of which is fully set ont in the
following petition:
STATE OF MISSOURI CO
County OF Bates,
In Circuit Court, June term, 1897.
William NJ Cassity, Plaintiff
The Unknown Heirs Of John Wine.
deceased, Thomas B Ashley, and
the Unknown Heirs of Thomas
Plaintiff for his cause of action states
that he owns and holds the title to the follow
ing described lands in Bates county. Missouri,
tO-wit: The south half of the southwest quar-
ter OF section fourteen Q4) in township thirty
nine (39) of range thirty-one (3D and that he
is in the possession thereof That the title to
the same is vested in him and those under
whom he claims by the statute of limitations
under the provisions of Ssc. $40 of Chap. 10S of
the Revised Btat. of Missouri UsS9l. That the
equitable title emanated from the government
of the United States more than ten years prior
hereto, and more than thirty-One years prior
to the institution of this action. That this
plaintiff ana his immediate grantOrs have had
the possession of and paid the taxes upon said
lands for more than thirty one years prior to
this date. Plaintiff says that John Wine and
~ II IL ;~aI tInt ens. de-
or apparent title thereto, prior to the year ls5,
by entry from the United States. and of record
there appears no conveyance from them to
said lands from that time to this date.
although they have not been in the possession
thereof, but in this way have an apparent in
terest in and to said lands. That the said
John Wine Ia dead and his heirs would have
the same interest as above described. That
his heirs are unknown to this plaintiff and are
non-residents of this ST ate, and for that reason
their respective names and interests can not
be more definitely set forth herein. That the
said Thomas Ashley has an apparent inter-
est in said lands by reason OF his entry from
| the general government as Aforesaid, and If
| he is dead, his heirs would have the same ap-
| parent interest. That if he is dead the names
| of his heirs are unknown to this plaintiff, and
| for that reason their said names and their re-
| spectve interests can not be more definitely
| set out herein That both the said heirs of Wine
| and Ashley not residents of this state, and
| the said Ashleyi not a resident of this state
| If he Is yet living, but each and all are non
residents OF Missouri. That this plaintia and
his immediate grantors have had the open,
| notorious and adverse possession Of said lands
| for more than thirty one years, to wit: since
the year lSj., and have paid the taxes thereon
| during all said period
| Wherefore this plaintiff prays the court tc
make and enter its decree declaring the title
| to the lands aforesaid to be vested absolutely
in this plainuG, by limitations. under the
| provisions of the statute aforesaid, and fol
| all other and further proper relief.
| GRAVES II CLARK.
| Attorneys tor Plaintiff.
| william NJ Classify being duly sworn, up0r
his oath says that the facts set forth In tnt
foregoing petition are true and correct. Tha
the names OF the heirs of John Wine anc
| Thomas Ashley are unknown To him, aut
for that reason their names and respective in
| terests can not be more definitely set forth II
the petition. That the said unknown heirs o
| both of said parties are not residents or tn
state of Missouri, and the said Thomas Ash
ley is not u resident OF Missouri.
Subscribed and sworn to before me this l9tl
day OF February, is97. My term VIII expir
January Goth, 1901. AARoN ii HAhi,
TsEAL1 Notary Public
And that unless the said defendants be an,
appear at this court at the next term thereof
to be begun aud holden at the court house /,
the city OF Butler, in said county, on the lst
day of June next. and on er before the thir
day of said term. II the term shall so long con
tinue-and ii not, then on or before the las
day of said term-answer or plead TO the pet
| ticn in said cause, the same VIII be taken
confessed and judgment will be rendered ae
| cordingly.
And be it further ordered that a copy herec
/. | be published. according to law. in the BuTLz
WEEKLY TIMks weekly newspaper printe
, | and published in Bates county, Mo-, for for
weeks successively. the last insertion to be !
least fifteen days before the first day OF II
next term of the circuit court.
A true copy of the record. Witness my nan
and the seal of the circuit court
. lsEALl Bates county. this Goth day OF Eel
2 ruary, 1885,. -
STEWART ATCHESON.
j. W. TAYLOR, d. {. Circuit Ileri