The Butler weekly times. (Butler, Mo.) 1881-1918, 1902-04-24

County 81 bHtt5,
In the circuit court, February term, 1902, John
+. Winnings plaintiff, VS.. The unknown heirs OF
I.ewellcn Mathews, deceased, Leander 5.
Mathews, deceased and John n. Mathews, de-
ceased, Defendants
Alias Order of Publication.
Now at this day comes the plaintiff herein by
his attorney, 5 W. DOoley, and having herein
before filed his petition and affidavit, alleging,
among other things that defendants, the heirs
of Lewellen Mathews, deceased and Leander
;. Mathews, deceased, and John " Mathews,
decease are unknown to this plalntfi and Tor
that reason their names canrot be inserted in
plaintiffs petition; and 1t appearing that the
| former order of publication herein was defec-
tive, it is ordered by the court in term time
| that said defendants be notified by alias pub
| location that plaintiff has commenced suit
against them in this court, the object and gen
| eral nature of which is TO secure from the court
| decree to ascertain and determine the title OF
| the plaintiff and defendants in and to the fol-
lowing described lands lying and being situate
in Bates county, Missouri, to-wit: The east
ter Of the west half OF the northeast quarter OF
section twenty EIGHT (2S) in township forty-two
42)oI range thirty three (S3; that II the defend
ants have no interest in said land that the
court will SO decree and generally to define and
adjudge by its decree the title and estate Of the
parties in and TO said land, set forth as follows
In said petition; that II said Lewellen aed Lee
ander S. Mathews, deceased, left any heirs
CAPABLE OF lnneTltng tnelT iuttTest III ehlu ihhe
other than their brother and sister, that such
heirs would be interested in said land as fol
lows, such heirs OF Lewellen Mathews TO one
fourth interest therein; and suci
heirs of Lesnder 8. Mathews to one
fourth interest therein; that II John y. Matn
ews Inherited from his brother and sister tn
said Lewellen and Leander s. Mathews, de
ceased, and left heirs other than William
Mathews such heirs would be entitled TO 81
undivided eighth interest in said land, tina
one OF the objects OF said suit is to a.certain
there are such unknown heirs OF said Lewelle
Leander s. and John N. Mathews, deceased
and have the court find the interest Of all tn
!, parties in and to said land and enter Its deere
:. accordinglysand for such other and further OF
. ders and DEGREES In the premises as to the cour
4 NAV seem Just and proper and that unless u
u said unknown heirs OF said Lewellen, Leande
i S, and John N. Mathews deceased, be and al
pear at this court at the next term Thereon,
n be begun and holden at the court house In Il
city of Butler, In said county, on the 10th dt
?. ~ lime next, and on or before the first day
said term. answer or plead to the petition
L said cause. the same will be taken as confess
and Judgment will be rendered accordingly.
& And n is further ordered that copy here
4 be pubIished, according to law, In the Bull
WKrKLY T,Mrs, Q newspaper published In %
n county OF Bates for four weeks successivel
published at least once week, the last inse
, lion to be at lnast fiftean dsvs before the III
,iay of said next tune term o. G,i- court.
l. A. B. LUDWICk, Circuit Cler
/, A true copy from the record. Witnt
IL IsaABI my hand and seal Of the circuit COZ
OF Bates county, this 18th day Of Eel
al4t 1909. A. B. LUDWICk' Circuit Cier