Mexico Missouri message., 1903-08-20
order Of Publication.

The Unknown Heirs Of Eli Smith,. de-
ceased Defendants.
Now ON this 97th day Of July AID. 1908,
comes plaintiff herein by his attorney
and files with the clerk OF this court in
vacation his petition duly verified by afli-
davlt 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 iifty-
one, range seven, west; also beginning at
the northeast corner of the southeast
| fourth of the northeast quarter of section
twenty lone, township lifty-one, range
seven, west, and run thence south 80 de-
| grees 81 minutes east, 6.0S chains To a
stone, thence west SO minutes south 70.
| chains to stone, thence west 2S.lS chains
TO stone, thence east 81 minutes north
81 chains TO the southwest corner Of the
southeast fourth of the northeast quar-
ter of section twenty-One, township fifty
one, range seven. west, thence east along
the south line of said southeast fourth OF
| the northeast quarter OF section twenty
one, township titty-one, 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
| tifty-one, range seven, to the point of be-
ginning, said last described tract lying,
being and situate in sections twenty -One
and twenty-five, township tifty-One range
| seven, west, in Audrain county, state of
| Mssouri:
That he holds the title TO said real prop
crty 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 -eight.
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,, 1896: 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 possess
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 un
der whom they or any of them might
claim said lands have paid any taxes
thereon for over thirty-One consecutive
years next preceding the filing of this pc
titiOn: 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 - |
page 352, In the office Of the Recorder of |
deeds of Audrain county deed of special |
warranty from Andrew +, Jones and |
wife, Susan Jones to Eli Smith, under |
date of January oath 1856, and recorded |
in the aforesaid book on April 28th 1859: |
that the said Eli Smith died intestate, i'm !
the state of Missouri, on or about the 80
day of October A. ID. 1860, leaving heirs |
who are 10 the said plaintiff unknown. |
that there is not now living a 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 Ell 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 as his knowledge
extends, the interest of such persons and
how derived.
1t Is therefore ordered by the clerk of
this court in vacation that publication be
made notifying the said unknown heirs of
of Eli Sminh deceased, defendants, that
a suit has been commenced against them
i'm this court, the object and general ma
ture of which II to perfect title in plain
tiff to said real property. by limitation,
under section 1868 of chapter 40, entitled
Limitation in case of certain titles"
and to declare the same fully vested in
plaintiff under section 653 of chapter
eight, entitled Suit to perfect title by
neutrality-suspicious. of the revised
statutes of Missouri 1899, and for any
other relief as to the court may seem
inst and proper
Now therefore you the unknown heirsof
Eli Smith deceased, defendants, are here
by notified of the filing of this suit, and
unless you be and appear at the next
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.
1903, and on or before the first day there
of answer or otherwise plead TO the said |
petition thd same will be taken as con
iessed, and Judgment will be rendered in |
therein.
II is further ordered that copy hereof |
be published In the Mexico Missouri |
Message, a newspaper published weekly |
In said Audrain county, state of Missouri, |
being the paper designated by the attOr-
ney for plaintiff, for four weeks success |
lively. the last insertion to he at least |
fifteen days before the commencement of
the said next term of this court
State of Missouri IS
county of AudTain
/, w. ii. Morris, clerk of the circuit
court within and for the county and
state afOrefaid, do hereby certify that
the foregoing is full, true and complete
copy OF the order of publication In the
case of Guy w. Graves VS.. Unknown
Heirs Of Eli Smith, deceased as full as
the same now remains of record in my Of
iiee.
[Seall Witness my hand and official
seal. Done at oiiieoin the city OF Mexico
county and state Aforesaid, this eth day
OF july A. ID, 1903.