The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1904-02-12

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County ~ Montgomery
In the Cir'ult ConrIuf Montgomery County.
Missouri, NJ CITY NJ Montgomery February
1T, iipi. In Variation.
Ellen Tuthlil, Plaintiff.
n. W. johnson, Mary Alb
rams. Nddlr Tuthlll, aud Hlll IN Equity.
the unknnwn heir, " &,
". Tuthlll, deceased. he
Pendants,
Now ou this lst day u February. 1871, comes
plnintln In thu al.'v" entitled finsv by her
attorneys I, &, shnnur aud \, W. Lnifrriy
hUforr the undersigned CLERK NJ this Court In
vacation. aud hlr, her petition und AFFIDAVIT
stating among other things, that about the
year isli she was lawfully married Ia e. II.
futhill, aud c%untiuurl e. i've with him ~ his
wife I'll his death which orrurrcd In the year
iisu, that ~ the time ~ said mlrritgU, plain
tn was the owner In her avn right II a large
umuun ~ property aud money. aud that
defendant WAS without mrHnsi that on the
i;th day ~ Mnrrh. isti. plnintln purchased
from Joseph Gtrrvtt ~ AIRES NJ rial estate In
Montgomery county, Missouri. for III" sum ~
sgaua0n, which sum she Thea aud there paid Ia
,hc said Joseph Jarrett Tor said lhnd. aud
that her husband e. ~ ruthill, %thcroupDn
t"nk frnm be said loscph t%'9rrrtl, y warranty
decd Ga. said real estate, ~ his own nnmr. by
which the legal title ~ said rial Nrtntr In Zee
simple VII, vested IN the sud & ", Tut
hill' but that the said e. H. Tulhlll took
tin and never had amy real Interest There
IN, that said real estate. I, described ~
1"I,@@SS;;n c me ~ " " x a,hrw' y. II r sFS
all In Township ". r. 4 ". In said Mont
gumrry conntyi that thereafter On the irl
nnd this plaintiff iolntly conveyed by trust
deed all ~ said real estate - defendant ".
", Johnson, TO sc,nrc .ec payment Il CERTAIN
thai default has b,"n mad In the pay mrnt
~ said notes and that ~ said ~irnstc" will IN
this date prs'Vsd 10 sell said rial estate under
The terms ~ said trust deed Tor the purpn>c
OF paying said notes, mud that said rial estate
win bring u considerable sum ~ money oyer
the alpbvr said debt aud NIL costs Of executing
said trust, aud that said .plalntlf {. entl,lrd
To al said oycrplus, Tint the defendant
Adllc Tuthill i u non-rcsldeni ~ the st,te
Of Missouri, and that she verify believes that
tlrrr nrr other persons Interested In thu
subject matter Of this suit whose nntncs aud
places Of alnic nrc unknown. 70 plnintin. aud
that tho ordinary prlc,sss ~ law cannot In
served upon them In this state.
II i further ordered by the undersigned
mutt n",I fyi nr The s,Ia nom PsIdsn. arfondnS,s
htovr named tina, mn action has been COM
mrnccd against them by petition In ,iruit
Court the object aud general nature Of which
Is Ia obtain a Judgment and d.crc az this
Court declaring said n. W. johnson. "a trustee,
for this %plaintif, Ia account io her for said
n. W. Johnson to account Ia this plaintiff for
said ovrrplus. and for an order drrlaring said
oycrplus u trust fund In the hands uf said u.
W, johnson, and for . Judgment against the
said ". W.. johnson for the said oNrrplus. ~
the same may h. .asccrtain,d by tho curt
ANA unless the sitiu nun-ftsiutnt uricnuunt~
h. and appear NJ the next regular term of
this Court To ic hrgun aud holden ~ the
court house In the city OF Montgomery, Mont
gnmrry county, Missouri, On the Isl Monday
In May next, ipDi, and HE answer ur NJ lmrwls,'
plead "a said plaintiffs petition. the same will
h. taken us confessed and Judgment rendered
accordingly.
And Il Is further ordered by the Clerk
aforesaid In vacation. that "a copy hereof bc
published In the Mont geometry TMBuSE, u
weekly newspaper published In said county.
for four weeks successfully published at
least once n week. the last Insertion to he AZ
least fifteen days before the commencement
Of the next regular term uf this court.
Given under my hand this ist day OF Feb
ruary, fHN. EvkHErr BAkroN,
Clerk Circuit Court In Vacation.
CLERKS CERTIFICATE.
STATE of MissoUaI,
County 81 Montgomery
!, Everett Barton, Clerk OF the Clr;uit Court
81 Montgomery county. Missouri, Ieriby
certify that tho nlpvc aud Foregoing IN u full.
true aud complete copy OF the order of rub
LEGATION In the cause therein named. ns fully
as the same appears of record In my Office,
WITNESS my hand rs Clerk and The seal of
,- said Court, None ut office In
3sEAL City Of Montgomery. County and
- state aforesaid, this lst day Of
February, \. u. y EvEREIT BARTON.
' Clerk Circuit Court.