Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1903-08-13
Order of Publication.

Order of Publication.
state OF Missouri In the circuit court
county Of Audralnl To the September
Term, 1903.
The Unknown Heirs of Eli Smith. de-
| ceased, Defendants.
Now ON this 27th day of July AID. 1903,
comes plaintiff herein by his attorney
and files with the clerk OF this court in
vacation his petition duly verified by Aft
davit OF plaintiff, alleging among other
! things: that he is the owner and now in
the lawful possession of the following
described tracts or parcels OF land lying,
being and situate in the county OF Au-
drain, state of Missouri, tO-wit the
| southeast fourth of the northeast quar-
ter Of section twenty -one, township fifty
| one, range seven, west; also beginning at
| the northeast corner of the southeast
| fourth of the northeast quarter of section
twenty-Une, township tfty-one, range
seven, west, and run thence south 80 de-
greeS 81 minutes east, Cos chains TO a
stone, thence west.36 minutes south 29.12
| chains to n stone, thence west LIS chains
to stone, thence east 30 minutes north
| 90 chains TO the southwest corner OF the
southeast fourth of the northeast quar-
| one, range seven. west, thence east along
the south line of said southeast fourth of
! the northeast quarter of section twenty
one, township lifty-une, range seven, TO
the southeast corner of said southeast
| fourth of the northeast quarter of section
| twenty-one, township fifty-One, range
seven, thence north along the east line of
| said southeast fourth of the northeast
quarter of section twenty-One, township
! ilfty-One, range seven, to the point OF be-
| 4 lUffY
being and situate in sections twenty zone
and twenty-five, township iifty-One range
seven, west, in Audrain county, state OF
Missouri:
That he holds the title to said real prop
erty and that the said title thereto has
vested in him and those under whom he
claims by limitation under the provisions
of section four thousand two hundred six
ty-eight, entitled Limitation in case of
certain titles" of chapter forty weight,
and of section six hundred fifty three of
chapter eight, said section being entitled
Suit to perfect title by limitation pro-
ceedings,'' of the revised statutes of Mis-
souri,, 1895: that the equitable title to
said lands emanated from the govern
ment more than eleven years before the
filing of this petition; that the said
plaintiff and those under whom he
claims have been in the lawful posses
sion of said real property for over
thirty-One consecutive years next pre-
ceeding the filing Of this petition: that
said lands might be claimed by any or all
of said defendants: that said lands have
not been in the possession OF defendants
or any of them who might claim the
same, or Of anyone under whom they or
any Of them might claim for over thirty
one consecutive years; that neither de-
PENDANTS or any of them, nor anyone UNI
der whom they or any of them might
claim said lands have paid any taxes
| FhnRapr, 10 thirty pnngnnnfiUn
years next preceding the filing of this pc
titlOn: that neither defendants or any Of
them have ever brought an action to re-
cover said lands that there appears of rec
ord claim and title to said lands in favor
} of defendants and adverse to plaintiff in
that there appears of record in book 81"
page 1852, in the office of the Recorder of
deeds of Audrain county deed of special
warranty from Andrew K. Jones and
wife, Susan Jones to Eli Smith, under
date OF January oath $3.50, and recorded
in the aforesaid book on April 18th 1859;
that the said Eli Smith died intestate, in
the state of Missouri, on or about the 49,
day of October A. ID. 1860, leaving heirs
who are to the said plaintiff unknown,
that there is not now living widow of
the said Eli Smith deceased, and that
plaintiff verify believes there are some
persons interested in the subject matter
of this petition as heirs OF Eli Smith de-
ceased, or as claiming by, through or UNI
der the said ELI Smith deceased, whose
names he cannot insert herein because
they are unknown to him, and whose in
terest in said lands Is derived by virtue
of said above described deed to ELI
Smith, now deceased, and that plaintiff
has fully set out so far az his knowledge
extends, the interest of such persons and
how derived.
1t is therefore ordered by the clerk of
this court la vacation that publication be
made notifying the said unknown heirs OF
I of Eli Sminh deceased defendants, that
suit has been commenced against them
In this court, the object and general ma
ture of which If to perfect title In plain
tiff to said real property. by limitation,
! under section 4265 OF chapter 4S, entitled
, Limitation in case of certain titles,
; and TO declare the same fully vested IN
plaintiff under section G53 Of chapter
eight entitled " Suit to perfect title by
2 limitatiOn-prOceedi of the revised
; statutes of Missouri 1899, and for any
other relief as to the court may seem
I inst and proper
Now therefore you the unknown heirsoi
Eli Smith deceased, defendants, are here
by notified of the filing OF this suit, and
unless you be and appear at the nexl
/, regular term OF this court to be begun
! ana held.at the court House In the city
! oil Mexico, county and state aforesaid, on
! the third Monday In September A. ID
> of answer or otherwise plead TO the said
e petition thd Same will be taken as con-
: iessed, and Judgment viii be rendered II
accordance with the prayer OF plaintiff
therein.
Itisfurther ordered that copy hereof
J be published In the Mexico Missouri
I Message, newspaper published weekly
Z In said Audrain county, state OF Missouri
being the paper designa ted by the attOr
Z ney for plaintiff, for four weeks success
lively. the last insertion to be at leas
: fifteen days before the commencement o
I the said next term Of this court.
State OF Missouri IS
county Of Audrain
j, w. II. Morris, clerk of the Circni
court within and for the county anl
I state afOrefaid, do hereby certify tina
! the foregoing Is q full, true and c0mplet