The Taney County republican. (Forsyth, Mo.) 1895-1992, 1903-12-03

state OF Missouri. a, To the Circuit Judge OF
County of TAncy. ~ Tanoy county. Missouri.
In Vacation. Term lg0J
81. Louis, Iron Mountain and $ outhcrn Rail
way Company, plain'iH,
william NJ Bennett. Il W Bennett j J. u. .Lecp.
e. W. ID Lccpcr. Nci'ie lccper, Wv smith
May Taylor, q. u. Fuller, Atchlson County.
Missouri, W vi. Patterson, j, j Dnnni,an
". &. wray. 7 J. Mitchell. Z. y. foo,c. y
McCray. g. W. Horton anil l.. su,,cr, de-
frndants.
Now on this day comes the plaintiff, by its
attorney. and nles Its petition and affidavit,
alleging among other things, that the plaintin
II a railroad corporation, created and existing
under the laws OF the state Of Missouri, and NJ
such railroad, IL authorized TO construct lines
Of railroad aud branch lines within the state Of
Missouri, and that plaintiff desires and Ia about
TO construct standard guagc railroad, To be-
known m :hc st. Louis. lion Mountain md
Southern railway, commencing at point about
two miles west OF Ilatcsvlllc, Independence
county, Arkansas, aud running In n generally
northwcsterly direction through the counties OF
Independence. lizard, Baxter, Marion and lsoonc
III the state OF Arkansas, and the counties OF
lancy, stone, barry, Lawrence and jasper In
the state of Missouri. to the connection of the
Lexington and southern branch Of the Missouri
Pacihc railway at or near thr city OF Carthage
IN the said county Of Jasper, making n total Of
shout rs miles OF rail lroad, and through Rnd
over the several and following strips and parcels
OF land lying In said Tancy county Missouri:
lbuT lhtlNlnnct 1urlntT hlN''N lUht " n't'lh
and seeks 10 acquire the following lands, to-wii.
a strip OF land over and across part oi the east
half ~ quarter rc1 q, twp ., rug a. strip OF
land ioo feet wide across the above dcscrlbcd
land, being NJ feet on each side Of the center
line Of the main track and roadbcd Of said rail-
road and containing acres ~ the SANE
hibi, a." the said railroad is to be construct
ell In direction over said strip
~ is shown by pla, annexed and marked "A."
which IL expressly referred 10 for more per-
feet description OF said land That William NJ
i'cnnctt, q. W Bennett, W u. lecper. j o.
Taylor are the owners of said land, and that
yonr petitioner has been unable to agree with
them upon arropcr compensation to be paid Tor
said land
Your petitioner further states tha, 1, needs
and seeks 10 acquire III. following land, to-wit'
o strip OF lani over and across ~ quarter of ne
quarter sec 81, twp.!, rug STRIP of lanh
lp feet Wide across the above described land
being ~ feet on each side II the center line ofthc
main track AMI roadbcd Of said railroad, CON
tanning acres, ns the same ~ shown
by plat hereto attached and marked exhibit
&C. Said railroad IN TO he constructed In
direction over said strip ~ shown by
plat AnnrNci marked &c, - which IL expressly
referred TO and made part hereof Tor more
particular description OF said lhnd 70 he taken
ns aforesaid: that q u. Fuller. W. NJ Pnttcr-
son, j i Dunniyan and u. & wray nrc the
owners of said land, tina, Your petitioner has
been unable 10 agree with them upon proper
compensation for said lands,
Your petitioner further ntalrs that II needs
and seeks to acquire the following land, ,to-wit.
n strip Of land over hnd across the ne quarter ~
49, quarter sec ~ twp 81 rng ~ strlr ~ lnni
100 feet wide across the above described land.
bring any feet each sidc Of the center limo Of
the main track aud roadhcd OF said railroad, anil
containing acres m the same IN shown
by plat hereto attached hnd marked exhibit
'nh Said railroad IN TO he constructed In %
direction over said strip NJ shown
by plat annexed which iH expressly referred 10
AMI made u part hereof for more particular de-
scrip,ion OF snj land to bc taken ~ aforesaid.
Tha, defendant Z. !. Mitchell Is the owner of
said land, and that your petitioner has been un-
able 10 agree with him upon proper coinpcnsa-
tion to he paid him for said land.
Your petitioner further states that II needs
aud seeks to acquire the following land ,to-wlt
strip OF land over nud across the u halt OF ne
quarter aud SO quarter of ne quarter sec III. ~
quarter OF ~ quarter see N sw quarter OF ~
quarter sec I. oil In twp2l. rng "a A strip of
land 100 feet wide across the above dcscribed
land, being Any feet ON each side of the r,ntcr
line Of the main track AMI roadbcd OF said rail
road AMI containing acres ne sninr II shown
by pla, hereto attached and marked exhibit
~ Said railroai j. In be- constructed ina
direction over sad land as IN shown by plat
marked "E, which ~ expressly referred To
and made part hereof for more particular dc-
| .rription Of said land To he taken ns Aforesaid.
! That defendants q " Horton, G. T. footc aud
u. u McCray are the owncrs Of said land. nnd
that your petitioner has been unable to agree
with them upon proper compensation to be
paid them for said land
And that said plaintiff In said petition and nf-
| niayits alleges that the above named defendants
| arr non residents Of the state OF Missouri aud
tha, 1t has been unable to agree with them upon
| n proper compensation to he paid Tor their In
| tcrcsts In the above described lands; that II is
desirous OF obtaining such right-of.way, and
prnys In Its petition for the appointment of
| three dlsinicrestcd commissioners, resident
| fr,,hcldrrs In the county Of fancy, 10 nssess
| the damages which the defendants may sever
ally sustain by reason of the appropriation OF
said strips Of land for the purpose OF lis right
| of-wAy,
| whcreupon. II Ia hereby ordered. by the Cir
| cult Judge Of Tnncy county, Hon Asbcry
Rurkhcad, 10 vacation, and by the clerk of the
Circuit Court OF fancy county. Missouri, In Va.
| licatlon that plantin has commenced against
| them In this court u suit, the substance OF
| which petition IL hcrcinaboyc stated, and that
| unless the said defendants bc and appear before
| the Judge of the said Circuit court of Tnncy
county, Missouri, Ht the Court house In the town
| OF Forsyth, In said Iancy county, on tho 18th
day OF December, l,ES. TO answer or plead TO
| tho petition In said cause, the same Will h.
taken hs confessed and Judgment rendered nc
| roriingly; and It IL further ordered that copy
Of this order or publication bc published for
| three weeks consccutively prior to tho 18th OF
| December. 4, ID. 1oTi, In thr Tancy County he
publican, n newspaper printed and Published In
Forsyth, Missouri.
| AsnIny DvnkmgAb, Judge.
| W. !. MoonE, Circuit Clerk.
| Clerk of the Circuit Court Of Tancy county,
Missouri. 4 true copy from the Record.
| Witness my hand and the seal Of
| the Circuit Court Of Thney coun.
| T.uAL.l ty, this s3rd day Of November,
a. d. lo0J.