Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1904-04-28

NNhS ONOf NAiiNh vAOi AEoHbutbT,
Cowgirl us, omeara. sss.
Order of Publication.
State of Missouri, In the Circuit Court
County Of AUDRAIN To June Term, 1904.
o. L. ElIars, Plaintiff.
VS..
Mamie II. McClelland, William Nc
Clelland, Mary McClelland and the UNI
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, A. d.
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-fouTth IN. e. ~
of the southwest one-fourth Is. w. ~ OF
section 1857 thirty-fve, township fifty
one (51), range ten (1O) west of the fifth
P. NJ. That on said date for a cOnsldera-
ton Of s4OO.0O In hand paid he sold and
agreed TO convey by a good and sufficient
warranty deed to John McCllelland the
above described land; that on the above
date William McClelland and wife, Nan
ME H., executed and delivered TO John
McClelland a warranty deed for the con-
sideration of 800, but by mistake Of the
Scrlvener who wrote the deed, 1.-THE said
deed conveyed tho northeast one fourth
OF the southeast one-fourth Of section 35,
township 81, range 10, west of the 5th p.
NJ, instead of the northeast One-fourth
OF the southwest One-fourth OF said sec
ton 35, which the Grantor sold and In
tended to convey TO tho said John Nc
Clelland who took possession of tho last
mentioned tract thinking the deed ajore-
said gave him title thereto.
Plaintiff states that the deed has been
lost and it 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
the right and title In and to the northeast
fourth OF the southwest fourth OF section
So, township 81, range 10, west OF tho 5th
P. NJ, in Audrain county, Missouri, ac-
quired by the said John McClelland by
the contract entered into with the afore-
said William McClelland has by thesecon-
veyances vested in him and that ne is the
lawful owner thereof and Is now in pes,
session Of the same; and that said Will
liam McCleland is dead and that his
widow, Mamie H., and a son ana dough
ter named William and Mary McClel-
land, ectively, are now living and
are nOn-resldents OF the State Of Mlssou-
ri, and the ordinary process Of law can
not be served upon them.
1t is therefore ordered by the Clerk
OF this Court, in vacation, that publica-
tiOn be made notifying said Mamie II.
McClelland, William McClelland, Mary
McClelland and the unknown heirs, de-
visees or assigns of VIM. McClelland, de-
ceased, and 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
N. page 272, In the Recorders Office of
said Audrain County, Missouri, so that
IL will convey the north east one fourth
of the south west one fourth OF section
50, Township 81, Range 10, West Of the
9Th Z. M :, in Audfain County, Missouri,
aud to vest In this plaintiff the feesimple
title thereto; and unless you said de-
PENDANT be and appear at the next regu-
lar term ~ 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 q CODY
hereof be published In the Mexico Mis-
souri, Message, a newspaper published
weekly in Audrain County, Missouri, for
four weeks successfully, the last Insertion
TO be at least IS days before the first day
OF said next term Of this Court.
STATE OF MISSOURI,
County Of Audraln.
l, w. II. Morris, Clerk OF the Circuit
Court within and for the County and
State aforesaid, do hereby certify that
the foregoing is full, true and cOmplete
copy Of the Order OF Publication IN case
OF .. l.. Ellars vs. Mamie ii. MeClelland.
ct al, as full as the same now remains on
Tile and OF record In my Office.
(sEAT Witness my hand aud OFF,
I cial seal Done at Office IN
the City OF Mexico, County and State
aforesaid, this 18th day OF April, A. D.
w. II. MORRIS. Clerk
STALLINGS & SHARPLESS
Attys. for Plaintiff.