Mexico Missouri message., 1904-08-18
Order of Publication in
Vacation.

STATE of Missouri In the Circuit Court
COUNTY Of AUDRAIN September term 1904
Frank l.. Crosby, Plaintiff
VS..
Mary +. Pierce, widow of Charles w.
Pierce, deceased, the Unknown Heirs Of
Charles w. Pierce, deceased, and all 9TH
eTs having an interest in tho 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 allidayit 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 the south half of the
northeast quarter lying south OF the Chi
cago and Alton Railway, all in section s,
township 81, range :, and that on said
date one Richard $. Todd for and in con-
sideratiOn of the sum Of Sl45j.OO, purchas-
ed all Of tho said lands from the said
Charles w. Pierce; that on August Is,
1881, the said Charles w. Pierce and his
wife, Mary +. Pierce, one of the defend
ants herein, In consideration Of the sum
of Sl455.0O, in hand paid Charles w.
Pierce by said Todd, and In pursuance OF
the said contract of purchase attempted
nnl intended TO convey by general war
ranty decd to said Richard y. 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 IL as the Southeast fourth OF |
the cast quarter, the north half of the |
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, in fact,
now the rightful 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
Dl the Chicago Il Alton Railway, by a
OF convcyahces from said
Richard s. Todd, who obtained title
thereto through Charles w. Pierce and
wife as aforesaid, and he has succeeded
10 the aforesaid rights Of the said Todd as
purchaser and assignee thereof; that the
said Charles w. Plorce is dead, but as to
his said wife the said Mary Il.
Pierce, Is dead he has no knowledge and
'Or which reason she Is made party de-
endant TO thlssuit If she Is living she
s a nonresident OF the State OF Mis-
iourl ~ that ordinary process OF law can
lot be served on her, and her interest In
.he subject matter Of this petition, and
now derived, 50 far as plaintiffs knowl-
,dge extends, Is as the widow OF the said
Charles w, Pierce, deceased, such being
,he interest as she may have by Virtue Of Il
he martial relation that existed between
ier and her husband. Plaintiff further
itates that he verify believes there are
'ther persons Interested III the subject \
natter Of this petition whose names he
'annot insert herein because they are un-
Snown 20 him; thatsald unknown parties
IRE the heirs at law ofchaFles w. Pierce,
deceased, and all persons, II any, having
IN interest In she subject matter 81 this
edition as heirs OF the said unknown
ieIrs Of the said Charles W Pierce, d. !,
ceased, and az persons. 4 any, having an
interest Ia the subject matter Of this pc
itlon a. grantees II the said Charles W.
fierce, deoeasad, Or as grantees 81 the
lelrs q said Charles ", Pierce; that the