Mexico Missouri message., 1904-04-14

southwest quarterof section thirty, town
ship flfty-two north, range nine west Of
the 5th principal meridian.
That plaintiffs hold the title to said
real property, and that IN addition to
plaintiffs record title to said lands, the
title thereto has fully vested in plaintiffs
and those under whom they claim by
limitation under the provisions OF section
-Four Thousand Two Hundred and Sixty
eight entitled Limitation Ia case OF GER
tain titles, OF chapter Forty -eight, and
Of Section Six Hundred and fifty three of
chapter Eight entitled, "Sult to perfect
title by limitation proceedlngs,n Of the
Revised Statutes OF Missouri for 1899;
that the equitable title TO said lands en-
anated from the United States Govern
ment more than forty years before the
fling Of this (theIr) said petition; thai
the said plaintiffs and their consecutive
grantors have been in the lawful posses
sion OF said real property for more than
forty consecutive years last past; that
said lands are claimed or might be
claimed by any or all Of said defendants;
that said lands have not been In the pos
session Of defendants or any OF them who
claim or might claim the same, or of any
one under whom they or any Of them
claim or might claim for more than forty
consecutive years last past; that neither
defendents or any OF them nor any one
under whom they OF, any OF them claim
or might claim said lands have paid any
taxes thereon for more than forty con-
secutive years last past; that neither de-
PENDANTS or any OF them have ever
brought an faction to recover said lands.
That there appears OF record claim
and title TO said lands in favor Of Defend
ants and adverse to Plaintiffs, in that
there appears of record in Deed Recordp
''E"'at page 900" in the Office OF the
Recorder of Deeds OF Audrain County,
Missouri, deed of mortgage from James
Garrett and wife, Elizabeth Garrett, and
Enoch Hooton, under date OF March
18th, 1855, conveying said lands, with
other lands, TO Claiborne Wells, to Sc
cure the said Claiborne Wells against
any loss for or on account Of note. dated
March 10th, 1855, given to the Branch
Bank OF the State OF Missouri at Palmy-
ra, for the sum of $500, by the said James
Garrett, with the said Enoch Hooton and
Claiborne Wells as sureties thereon:
that the said note described In said mort
gage was fully paid by the said James
Garrett Onthe - day of - 1856, and the
conditions of said mortgage fully salts
fled by the grantors therein, and the said
Claiborne Wells surety on said note did
not sustain any loss whatsoever thereon,
and never paid any sum whatsoever
thereon.
That the said Claiborne Wells is not
now living, and there is not now living a
widow of the said Claiborne Wells de-
ceased; Plaintiffs verify believe there,
are persons interested In the subject
matter of this ttheir) petitlonas Heirs,
devisees, legatees and qsslgnees of Clai-
borne Wells deceased, or ms claiming or
who might claim by, thru, or under him
or them, whose names they cannot insert
herein because they are unknown to
plaintiffs, and whose interest in said
lands Is derived solely by virtue OF the
aforesaid deed OF mortgage to Claiborne
Wells, now deceased, and plaintiffs fur
Their state that they have fully set out
50 far as their knowledge extends, the
interest Of such persons and how de-
rived.
1t is therefore ordered by the Clerk of
this Court, in vacation, that Publication
be made notifying the said unknown de-
fendants-The unknown heirs, devisees,
legatees and assignees OF Claiborne
Wells, deceased, and all those claiming,
or who might claim, by, thru, or under
himtor them-that suit has been COM
menced against them in this Court, the
object and general nature of which is to
perfect Plaintiffs title of record to said
real property, and for a decree Of this
court declaring title to said real property
to be fully vested in plaintiff by limlta-
tion under the provisions Of said Section
1868, entitled, Limitation In case OF
certain titles Of Chapter as, and for
decree confirming plaintiffs title to said
lands under said section 653 OF Chapter
8 entitled, 'Sult to perfect title by linn
itation-proceedings ''of the Revised Stat
utes Of Missouri for 1880, and for such
other relief as 70 the Court may seem
just and proper,
Now, therefore you, the unknown
heirs, devlsees, legatees and assignees Of
Claiborne Wells, deceased, and All those
claiming or who might claim BY, thru, or
under him or them, defendants, are here
by notified Of the fling Of said petition
and the commencement Of this said suit,
and unless you be and appear at the
next regular term Of this said Court 70
be begun and held az the Court House IN
the City Of Mexico, IN the County at Aus
drain and state Of Missouri, on the aFst
Monday IN JuAe, 1904 aud on or before
the first day thereof answer OF otherwise
plead 70 the sald petition Of plaintiffs the
same VIII be taken az confessed, and
,sffFl ~ IL :, -,