Mexico Missouri message., 1904-09-01
Order of Publication in
Vacation.

STATE of MISSOURI In the Circuit Court
COUNTY of AUDRAIN September term, 1904
Frank L. Crosby, Plaintiff
Mary L. Pierce, widow of Charles W.
Pierce, deceased, the Unknown Heirs Of
Charles w. Pierce, deceased, and all 9TH
ers having an interest I'm the subject mat
ter of this petition whether by descent
from the heirs of said Charles w. Pierce
or as assigns of Charles w. Pierce or of
his heirs, Defendants
Now on this August 9th. 1904, comes
plaintiff by attorney, and files petition
with the Clerk of this Court, in vacation,
duly verified by aiiidayit OF plaintiff,
stating among other things, that Charles
w. Pierce, now deceased, was on August
18th, 1881, the owner IN fee simple of the
following described tracts Of land In Au-
drain County, Missouri, to-wit: The
southeast fourth of the southeast quarter
the north half of the southeast quarter,
and all that part of tue south half of the
northeast quarter lying south of the Chi
cagO and Alton Railway, all in section s,
township 81, range Z, and that on said
date one Richard s. Todd, for and in con-
sideratiOn Of the sum OF Sl455.O0, purchas-
ed all of the said lands from the said
Charles w. Pierce; that ON August 10,
1881, the said Charles w. Pierce and his
wife, Mary +. Pierce, one of the defend
ants herein, in consideration OF the sum
of $l455OO, in hand paid Charles w.
Pierce by said Todd, and In pursuance of
the said contract of purchase attempted
and intended TO convey by general war
rgnty deed to said Richard s. TODD, all of
said lands, but that the deed made, and
the description OF said land therein was
ERRONEOUS, and does not In fact describe
the said land intended to be conveyed,
describing it as the Southeast fourth OF
the east quarter, the north half of the
Southeast quarter, and all Of the south
half of the northeast quarter lying south
OF the Chicago & Alton Railway, all In
| section s, township 81, range z, Audrain
County, Mo-" That plaintiff is, I'm" fact,
now the rlghtful owner, of the following
portion Of said land first herein described,
viz: The East half of the Southeast
quarter and all that part Of the East half
OF the Northeast quarter which lies south
OF the Chicago e Alton Railway, by
succession OF conVeyances from said
Richard $. Todd, who obtained title
thereto through Charles w. Pierce and
wife as aforesaid, and he has succeeded
to the aforesaid rights of the said Todd as
purchaser and assignee thereof; that the
said Charles w. Pierce IS dead, but as TO
whether his said wife, the said Mary Il,
Pierce, is dead he has no knowledge, and
for which reason she is made a party de-
PENDANT to this suit. II shet living she
is a nonresident Of the State of Mis-
souri, so that ordinary process OF law can
not be served on her, and her interest In
the subject matter Of this petition, and
how derived, so far as plaintiffs knowl-
edge extends, is as the widow OF the said
-Charles w. Pierce, deceased such being
the Interest as she may have by virtue OF
the marital relation that existed between
her and her husband. Plaintiff further
states that he verify believes there are
other persons Interested Ia the subject
matter Of this petition whose names lac
cannot insert herein because they are un-
known to him; thatsaid unknown parties
are the heirs at law Of Charles W. Pierce,
deceased, and all persons, II any, having
an Interest IN the subject matter Of this
petition as heirs Of the said unknown
heirs OF tho said Charles W. Pierce, de-
ceased, and all persons, Il any. having an
Interest IN the subject matter Of this pc
tltlon as grantees Of the said Charles w.
Pierce. deceased. or as grantees OF tile
helrs Of said Charles w Pierce, that the