Mexico Missouri message., 1904-04-21
Order Of Publication5
State Of Missouri, In tho Circuit Cour
County OF AuDRATN ! To June Term, 1904
o. L. Ellars, PlalntiR.

o. L. Ellars, PlalntlR.
VS.. .
Mamie II. McClellnnd, William Me
Clelland, Mary McClellaud and the un-
known hcirs, dovlsees 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, A. u.
1904 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, 1854,
William McClelland was the owner in
fee simple Of the following described land
situated In Audrain county, Missouri, to-
wit: The northeast one-fOurth IN. E. "
OF the southwest one-fourth q. w. N Of
section 1859 thlrty-five, township fifty
one t5l), range ten tlO) west Of the fifth
P. NJ. That on said date for consldera-
ton Of $4,000 in hand paid he sold and
agreed to convey by good and sufficient
warranty deed to John McCllelland the
above described land; that on tho above
date William McClelland and wife, Nan
ME H., executed and delivered to John
McClelland warranty deed for the con-
sideration ofSiOO, but by mistake Of the
Scrlvener who wrote the deed, IL the said
deed conveyed the northeast one fourth
Of the southeast one-fourth OF section IS,
township 81, range 10, west Of the 5th p.
M, instead Of the northeast one-fourth
OF the southwest one-fourth of said Sec
tlOn IS, which the Grantor sold and in
tended to convey to the said John Nc
Clelland 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 1t is not within the power of this
plaintiff to produce the same but the
same has been recorded in Book N, page
272, Of the deed records in the Recorders
office OF Audrain county, Missouri; that
therlght and title in and to the northeast
fourth Of the southwest fourth of section
IS, township 81, range,l0, west OF the 5th
z. NJ, in Audrain county, Missouri, ac-
quired by the said John McClellaud by
the contract entered into with the afore.
said William McClelland has BY thesecon-
veyances vested in him and that he Is tho
lawful owner thereof and is now in pos
session OF the same; and that said VIII
liam MeClelland is dead and that his
widow, Mamie H., and a son ana dough
ter named William and Mary McClei-
land, respec lively, are now living and
are presidents Of the State Of MissOu-
~ : h. NHau.u
not be served upon them.
It Is therefore ordered by the Clerk
Of this Court In vacation, that publica-
ton be made notifying said Mamie IL.
McClelland, William McClelland, Mary
McClelland and the unknown heirs, de-
visees or assigns Of VIM. McClelland, de-
ceased, land all who might claim by thru or
under him or them, and now you said de-
PENDANTS, are hereby notified OF the filing
OF this suit, the object and general ma
ture of which Is to obtain Deer ee Of the
Audraln County Circuit Court, divesting
the defendants Of any claim to said land
and to correct the deed recorded In Book
NJ. page 272, In the Recorders Office Of
said Audrain County, Missouri, so that
| It Will convey the north east one fourth
of the south west one fourth OF section
81, Township 81, Range 10, West Of the
9th =. M !, in AudrRin County, Missouri,
aud to vest In this plaintiff the fee simple
title thereto; and unless you said de-
fcndant be and appear at the next Tegu-
lar term of this Court TO be begun and
held at the 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 copy
hereof be published In the Mexico Mis-
souri, Message, o newspaper published
weekly In Audrain County, Missouri, for
four weeks successfully, the last insertion
TO DO at least - days before the first day
Of said next term Of this Court.
STATE OF MISSOURI,
County Of AudFain.
!, w II. Morris, Clerk Of the Circuit
Court within aud for the County aud
State aforesaid, DO hereby certify that
the foregoing Is full, true and complete
copy Of the Order Of Publication In case
OF u, j, EllaFR W Mamie III, McOlelland.
OF al, % full % the same now remains on
die and OF record IN my office,
sEAY Witness my hand aud OFF,
/ cial seal. Done at Office In
the City OF Mexico, County ana State
aforesaid, this 18th day Of April, A. d.
w. II. MORRIS, Clerk.
STALLLN(iS g SHARPLEHS,
Attys. for Plaintiff.