Mexico Missouri message., 1904-05-12
Order of Publication.
state OF Missouri In the Circuit Court
County of AUDRAIN To June Term, i9OI.
o. L. Ellars, Plaintiff.

vs..
Mamie II. McClelland, William Me-
Clelland, Mary McClelland and the nm
known heirs, devisees or assigns of VIII
liam McClelland, deceased, and all who
might claim by, through or under him or
them, Defendants.
Now on this 18th day of April, AID.
1904, comes Plaintiff by Attorneys and
file with the Clerk of this Court, in yaca-
ton, Petition duly verified by affidavit
of Plaintiff stating among other things:
that on the 10th day of December. 1884.
William McClelland was the owner IN
Zee simple of the following described land
situated In Audrain county, MissonrI. to-
VII WI u Inc northeast one-fourth IN. e. NJ
OF the southwest oHe-fourth IS. w. u VI
section 1851 thirty-ive, township Iiiftyl {,
one l1l), range ten Q0) west of the fifth
T.. NJ 1nat on said date for cOnsidera-
ton OF $4,000 In hand paid he sold and
agreed ITO 70 convey by good and sufficient
M ,LI,ti ny: oeed 10 John McCllelland tho
above described land; that on the above
date william McClelland and wife. Nam
ME H., executed and delivered m JSbn
McCIel land warranty deed for the CON-
sheraton OF 300, but by mistake of tho
Scrlyener who wrote the deed, IL the said
deco conveyed the northeast one fourth
township 81, range 10, west of the 5th p
NJ, instead OF the northeast One-fonrth
of the southwest One-fourth of said seq
tiOn 80, which the Grantor sold and in
tended TO convey to the said John Nc
Clellahdwho took possession of the last
mentioned tract thinking the decd afOre-
said gave him title thereto.
Plaintiff states that the deed has been
lost and 1t is not within the power of this
plalntlh TO produce the same but the
same has been recorded in Book N, page
272, OF the deed records In the Recorders
Office OF Audraln county, Missouri; that
the right and title in and to the northeast
fourth OF the southwest fourth of section
80, township 81, range 10, west of the 5th
Z. NJ, In Audrain county, Missouri, ac-
quired by the said John McClelland Inv
the contract entered into with the afore-
said William McClelland has by thesecOn-
Yeyances vested In him and that he is the
Lawful owner thereof and Is now in pes
session OF the same; and that said Will
liam McClelland is dead and that his
widow, Mamie H., and son ana dough-
ter named William and Mary McCIel-
lana, respectively, are now living and
are non-resldents OF the State of Missou-
ri, and the ordinary process of law cam
not be served upon them.
1t is therefore ordered by the Clerk
OF this Court, in vacation, that publica-
ton be made notifying said Mamie II.
McClelland, William McCielland, MARY
McClelland and the unknown heirs. de-.
YiseeS or assigns of VIM. McCleltand, de-
ceased and all who might claim by thru or
nnaer him or them, and now you said de-
PENDANTS, are hereby notified OF the filing
OF this suit, the object and general ma
ture olwhieh Is TO obtain Deer ee of the
Audraln County Circuit Court, diVesting
the defendants OF any claim 10 said land
and 10 correct the deed recorded i'm Roof
N I'D In tho Rnpnpdnuso
said Audrain County, Missouri, so that
II VIII convey the north east one fourth
OF the south west one fourth of section
81, YoWnhhip 81, Range 10, West Of the
5tA Z. M !, IN Audraln County, Missouri.
and 70. vest IN this plaintiff the fee simDie
title blereto; and unless you said de-.
tendant DO and appear at the next regu.
lar term Vt this Court to be begun and
held az the Court House IN Mexico. Ans
drain County, Missouri, on the first
Monday iq, June, A. u, 1904, aud on or
before the. first day Of said term answer
OF otherwise plead to Plalptitf's potitIon
the same VIII be taken as c0nfessed and
judgment rendered accordingly,
II is further ordered that eonv
heraqt be published IN the Mexico Mis.
souri, Message, q newspaper published
weekly lp Andrain County, Missouri. foT
70 be ~ least "a days before tie 6Fst 1s sv
OF said next term Of this Court,
STATE aF MISSOURI,
County Of AudFaip,
!, w; II; Morris, Clerk Of the Clrcult
SonFt within apd for the County and
state aforesaid, do hereby certify tbat
the foregoing le full, true and poianlefe
copy Of the Order OF Publication M ense
OF .. L. Ellars w Mamie II. MeCielland,
et al, as fuil as the same now remains on
ME and OF record IN my Office.
! SEAL. Wltaess my hand aud Off
clalseal. Done at office In
che City Of Mexico, County and state
aforesaid, this 18th day OF April, A. d.
1904. ~
W. II. MORRIS, Clerx.
srALLINGS a sHARPLEss
Attys. foP plalntiR