Mexico Missouri message., 1903-08-06
Order of Publication.

Order of Publication.
State of Missourl) In the circuit court
county of Audrain) To the September
Guy w. Graves, Plaintiff.
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 atti-
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, 7
being and situate i'm the county of Au-
drain state of Missouri, tO-wit the
southeast fourth Of the northeast quar-
ter OF section tWenty-One, township hlty- |
one range seven, west; also beginning at |
the northeast corner of the southeast
fourth of the northeast quarter OF section |
twenty one, township fifty range |
seven. west, and run thence south 80 de- !
grecs 81 minutes east, Cos chains TO a
stone, thence west 36 minutes south 20.l2 |
chains to stone, thence west 20.lS chains |
| to stone, thence east 81 minutes north
| 0.22 chains TO the southwest corner Oh Jne
| southeast fourth of the northeast quar-
| ter of section twenty zone, township nifty |
one range seven, west, thence east along
| the south line OF said southeast fourth OF
| the northeast quarter OF section twenty
one, township tifty-One, range seven, 10
| the southeast corner of said southeast
! fourth of the northeast quarter of section
| twenty-one, township iitty-one, range
seven, thence north along the east line OF
said southeast fourth Of the northeast
quarter of section twenty one, township
| hfty-one, range seven, to the point OF De-
| =. a IngA Ao1.a ilaH at
| being and situate in sections twenty -One
and twenty-five, township nifty -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 tOrty-elg
and of section six hundred fifty three OF
| chapter eight, said section being entitled
suit to perfect title by limitation pro-
cecdings,' of the revised statutes OF Mis-
souri,, 1886: that the equitable title to
said lands emanated from the govern
ment more than eleven years before the
filing of this petitions; 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 nave
not been in the possession OF defendants
or any of them who might claim Che
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 whomfthey or any OF them might
claim said lands have paid any taxes
LII, ~
years next preceding the filing OF this pc
tition: that neither defendants or any oil
| 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 plalntlh IN
that there appears of record in book y
page 352, in the Office of the Recorder of
deeds Of Audrain county q deed OF special
warranty from Andrew II. Jones ana
wife, Susan Jones to Eli Smith, under
date Of January 24th -o56, and recorded
i'm the aforesaid book on April 26th 1859:
that the said Eli Smith died intestate, in
the state OF Missouri, ON or about the -
day of October A. ID. 1860, leaving heirs
whO are to the said plaintlH unknown,
that there is not now living widow OF
the said Eli Smith deceased, and that
Dlaintitf 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 i'm 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
Il aAr NaHhua q
of Ell Sminh deceased, defendants, that
q suit has been commenced against them
in 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 426S of chapter 49,, 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
limitatiOn-p proceedings" 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 heirsoi
Ell Smith deceased, defendants, are here
n by notified Of the filing OF this suit, and
y unless you be aud appear at the next
u regular term of this court TO be began
s ana held at the court House in the city
Of Mexico, county and state aforesaid, on
the third Monday In September A. d.
u 1903, and ON or before the first day there
v Of answer or otherwise plead TO the said
II petition thd same will be taken as con-
! tessed, and Judgment will be rendered Il
Z accordance with the prayer of plaintiff
y therein.
J. II Is further ordered that a copy hereof
i be published In the Mexico Missouri
Message, newspaper published weekly
n 10 said Audrain county, state Of Missouri
10 being the paper designated by the attor
ney for plaintiff, for four weeks success
!. ively the last insertion to be at leas
y fifteen days before the commencement o
7 the said next term Of this court.
n State Of Missouri IS
q county OF Audrain
/, w II. Morris, clerk of the cireui
conrt within and for the county am
state aforefaid, do hereby certify tina
4 the foregoing is full, true and complies
"A copy OF the order Of publication IN tn
ri | nnaa IF CIV nv. araNea VS.. lnknoMl