Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1903-08-27
Order of Publication.

VI uSI VI FuDlCdLiOIl.
state Of Missouri In the circuit court
county of Audraln) To the September
i Term, 1903
Guy w. Graves, Plaintiff.
The Unknown Heirs OF Eli Smith, de-
ceased, Defendants.
Now on this 18th 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
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 hfty-
| one, range seven, west; also beginning at
| the northeast corner Of tile southeast
| fourth OF the northeast quarter OF section
| twenty zone, township hfty-One, range
| seven, west, and run thence south 50 de-
| grees 81 minutes east, Cos chains To a
| stone, thence west 36 minutes south 20. l.
| chains to stone, thence west 2S.1S chains
| to a stone, thence east 81 minutes north
| 0.22 chains to the southwest corner Of the
southeast fourth of the northeast quar-
ter OF section twenty-One, township ifty-
one, range seven, west, thence east along
| the south line OF said southeast fourth OF
| the northeast quarter OF section twenty
| one, township hfty-One, range seven, to
| the southeast corner of said southeast
! fourth of the northeast quarter of section
twenty-one, township iifty-One, range
seven, thence north along the east line of
| said southeast fourth of the northeast
quarter of section twenty-one, township
| flfty-One. range seven, to the point of be-
ginning, said last described tract lying,
| hni sit ~ in 4
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-eight,
and of section six hundred hfty-three OF
| chapter eight, said section being entitled
Suit to perfect title by limitation-p 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 petitions; 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 i'm 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
4 =
titiOn: that neither defendants or any Of
them have ever brought an action to re-
cover said lands shat 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 L. Jones and |
wife, Susan Jones to Eli Smith, under |
date of January 24th 1856, 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 Fl
day OF October A. ID. 1850, 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 un-
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
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 4s, entitled
! Limitation I'm 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
! proceedings" of the revised
statutes of Missouri 1902 and for any
other relief as to the court may seem
| just and proper.
! Now therefore you the unknown hersof
! 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 viii be taken as con-
| iessed, and Judgment will be rendered in
accordance with the prayer Of plaintiff
therein.
1t 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. tile last Insertion TO be at least
/ fifteen days before the commencement Of
| the said next term Of this court
State Of Missouri IS
county Of Audrain
/, w. II. Morris, clerk .of the circuit
4 court within and for the county and
state afOrefaid. do hereby certify that
the foregoing IS a 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
flee.