The Butler weekly times., 1897-03-25
Order of Publication.
STATE OF MISSOURI, J "a

STATE OF MISSOURI ..
County OF Bates. e''
Be it remembered, That heretofore, to-wit: at
regular 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 afterw ards, On the 10th
day of February, 1897, the same being the
other, the following proceedings. were had,
to- wit: W illiam NJ Cassity. plaintiff, VS.
The unknown heirs of John Wine. deceased,
Thomas Ashley and the unknown heirs of
Thomas Il Ashley, deceased, defendants.
Now at this day comes the plaintiff herein
by his attorneys; Graves Clark, and files his
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 out in the
following petition:
STATE OF MISSOURI,
County of Bates,
In Circuit Court, J nne term, 1897.
William Cassity, Plaintiff.
The Unknown Heirs Of John Wine,
deceased. Thomas B Ashley. and
the Unknown Heirs of Thomas =
Ashley. deceased, Defendants.
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 90 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. 103 of
the Revised Btat of Missouri uSS0. 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 and his immediate grantors have had
| the possession of ana paid the taxes upon said
| 1ap pia fnrv han rfv rin fn
| this date. Plaintiff says that John Wine and
| Thomas b Ashley acquired title to said lands
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 is 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 state, and for that reason
| their respective names and interests can not
be more definitely set forth herein. That the
said Thomas b Ashley has an apparent inter-
| est in said lands by reason of his entry from
| the general government as aforesaid, and If
J he is dead, his heirs would have the same ap-
! OF his heirs are unknown to this plaintiff, and
| for that reason their said names and their re-
| speetive Interests can not be more definitely
set out herein That both the said heirs of Wine
and Ashley are not residents of this state, and
| the said Ashleyi 8 not resident of this state
if he is yet living. bns each and all are non,
residents OF Missouri. That this plantif and
| his immediate grantors have had the open,
notorious and adverse possession of said lands
for more than thirty, one years: to wit; ,aS since
during all said period.
| Wherefore this plaintiff prays the court to
| make and enter its decree declaring the title
to the lands aforesaid to be vested absolutely
| in this plainIlff. by limitations, under the
provisions of the statute aforesaid, and for
all other and further @ proper TT re rslisf; r., .pu
Attorneys for Plaintiff.
William NJ Cassity being duly sworn. upon
his oath says that the facts set forth in the
| foregoing petition are true and correct That
the Eames OF the heirs of John Wine and
| Thomas Ashley are unknown to him, anC
| for that reason their names and respective in
terests can not be more definitely set forth in
the petition. That the said unknown heirs o.
both of said parties are not residents of the
state of Missouri, and the said Thomas E Ash
ley 10 Ao' d 'es'e"s WILLIAM N CAssfrY, =
Subscribed and sworn TO before me this l9tt
day of February, 1897. My term will expire
January Goth, 1901. AARON HART.
| IsEAL1 Notary Public
And that unless the said defendants be anc
appear at this court at the next term thereof
to be begun and holden at the court house il
the city of Butler, in said county, on the l5tl
day of June next. and on or before the thr'
day of said term, il the term shall so long con
tnue-and il not, then on or before the las
day of said term-answer or plead to the reti
ticn in said cause, the same will be taken a
confessed and Judgment will be rendered &C
cordngly
And be ii further ordered tina. copy hereo
be published, according to law, in the BuTLE
WEEKLY TINES weekly newspaper printe
and published in Bates county, Mo-, for fou
weeks SUCCESSFULLY, the last insertion to be a
least fifteen days before the first day OF tn
. next term of the circuit court.
a true copy of the record Witness my han
and the seal of the circuit court o
tsEALl Bates county, this Goth day OF Feb
ruary, lS91 -
STEWART ATCHESOS,
| j. w TAYLOR, d. e.. Circuit Clerk