Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1904-05-05
Order oil Publication.

order OF publication.
State Of Missouri. In the Circuit Court
County Of AUDnAIN To June Term. 1901.
o. L. Ellars, Plaintiff.
VS..
Mamie II. McClcland, William Nc
ClclIand. Mary McClelland and the I'M
known heirs, deyisecs or assigns OF VIII
liam McClclland, deceased, aud all who
might claim by, through or under him or
them Defendants.
Now ON this 18th day of April, A. ID.
| 1894, comes Plaintiff by Attorneys and
file with the Clerk of this Court, in vaca-
ton, Petition duly verified by affidavit
Of Plaintiff stating among other things;
that ON the 10th day Of December, 1864,
! William McClelland was the owner in
fec simple of the following described land
situated IN Audrain county, Missouri. to-
wit: The northeast one-fourth "a. y. n
IL the southwest une-fuurth Is. W.AD Of
section (35J thirty-hvc, township fifty
one Oh. range ten 90 west of the fifth
. j.. NJ. Thaton said date for u cUnsidcra-
( ton OF $4,000 in hand paid he sold and
{ agreed 10 convey by good and sufficient
warranty decd to John McCllclland the
above described land; that On the above
| date William McClclland and wife, Nan
| ME H., executed and delivered to John
/ McClcliaud Il warranty deed for the con-
sideration Of 500, but by mistake of the
hcriyencr wholwrOte the deed, it the said
, deed conveyed the northeast one fourth
/ of the southeast one fourth Of section 35,
township 81, range 10, west Of the 5th p.
/ NJ, Instead Of the northeast One-fourth
/ OF the southwest One-fourth Of said sec
. tion 81, which the Grantor sold and in
/ tended to convey to the said John Nc
Cieland who took possession of the last
mentioned tract thinking the deed afore-
said gave him title thereto.
/ Plaintiff states that the deed has been
| lost and it Is not within the power Of this
/ plaintiff to produce the same but the
same has been recorded in Book N, page
~, Of the deed records in the Recorders
Office OF Audrain county, Missouri; that
I the right and title in and to the northeast
fourth Of the southwest fourth Of section
! %. township 81, range 10, west of the 9TH
/ T. NJ, in Audrain county, Missouri, ac-
/ VIircd by the said John McClelland by
/ the contract entered into with the afore-
said William McClelland has by thesecon-
|vcyanccs vested i'm him and that he is the
lawful owner thereof and is now in pos
session Of the same; and that said Will
. liam McCleland is dead and that his
. widow, Mamie H., and son ana dough-
/ ter named William and Mary McClel-
land, respectively, are now living and
are nUn-reSideuts of the State OF Missou-
nj, and the ordinary process of law can
not he served upon them.
10 is therefore ordered by the Clerk
OF this Court, i'm vacation, that publica-
ton be made notifying said Mamie IL,
McClelland, William McClelland, Mary
McCleIland and the unknown heirs de-
yisCcs on assigns Of VIM. McClelland, de-
ceased ,und all who might claim by thru or
under him or them, and now you said de-
/ PENDANTS. are hereby notified Of the filing
u. this suit, the object aud general ma
turc ufwhich is to obtain a Decree Of the
Audrain County Circuit Court, divesting
the defendants Of any claim to said land
and to correct the deed recorded in Book
N..-page ~, in the Recorders Office OF
said Audrain County, Missouri, so that
it viii convey the north east one fourth
of the south west one fourth of section
,h low Snip u, hdllRe w, NtSb OF lOe
Ia.k Z. NJ. in Audrain County, Missouri,
and to vest in this plaintiff the fee'simplo
O. .iG thereto; and unless you said de-
& audA be and appear at the next regu-
lar torn Of this Court to be begun and
haid at tho Court House in Mexico, Au-
drain County, Missouri, on the first
Monday in June, A. ID, 1904, and on or
before the first day of said term answer
or otherwise plead to Plaintiffs petition
the same will be taken as confessed and
Judgment rendered accordingly,
1t is further ordered that a copy
hereof be published in the Mexico Mis-
souri, Message, newspaper published
weekly in AUdrain County, Missouri, for
four weeks successfully, the last insertion
to be at least Is days before the first day
OF said next term Of this. Court.
STATE or MISSOURI,
County Of Audran.
/, W. H. Morris Clerk Of the Circuit
Court within and for the County and
State Aforesaid, do hereby certify that
the foregoing is u full, true and complete
copy Of the Order of Publication in case
of o. J.. Ellars vs. Mamie II. McClelland.
nt al, as full as the same now remains on
file and Of record IN my office
/ luFAr Witness my hand aud Off
ora L. cial seal. Done at Office in
the City OF Mexico, County and State
aforesaid, this 18th day of April, 4. ID.
w. II. MORRIS, Clerk
sTAbLINGS y SHARPLESS,
Attys. for Plaintiff
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