Mexico Missouri message., 1904-05-12

County Of Audrain -
In the Circuit Court To the June Term
1904.
Jacob Abuhl and John NJ. Hitz....
Plaintiffs,
The unknown heirs, Deylsees, Legatees,
and Assgnees Of Claiborne Wells, now
deceased, and All those claiming or who
might claim by, thru, or under him or
| them. ....... Defendants.
Now on this 18th day of April, A. D.,
1904, come Plaintiffs herein by their
attorney and file with the Clerk of this
verified by the afiidavits Of Plaintiffs, al
leging among other things: That they
now are, and have been for more than
one year last past, the owners in fee and
in the lawful possession Of the following
described tracts or parcels Of land, lying,
being and situate in the County Of Au-
Mdrain, State OF issouri, to-wit: The
southwest Quartero of section thirty, town
ship tifty-twO north, range nine west OF
the 5th principal meridian.
That plaintiffs hold the title to said
real property, and that In addition to
plaintiffs record title to said lands, the
| title thereto has fully vested in plaintiffs
and those under whom they claim by
limitation under the provisions OF section
-Four Thousand Two Hundred and Sixty
eight entitled Limitation In case OF Ger.
tain titles of chapter Forty eight, and
of Section Six Hundred and fifty three OF
chapter Eight entitled, 'Suit to perfect
| title by limitation proceedings" OF the
Revised Statutes Of Missouri for 1899;
that the equitable title to said lands en-
anated from the United States Govern
ment more than forty years before the
filing of this ttheir) said petition; that
| the said plaintiffs and their consecutive
grantOrs have been In the lawful possess
sion of said real property for more than
forty consecutive years last past; that
said lands are claimed or might be
claimed by any or all of said defendants;
that said lands have not been in the pos
session Of defendants or any OF them who
claim or might claim the same, or of any
one under whom they or any OF them
claim or might claim for more than forty
consecutive years last past; that neither
defendants or any of them nor any one
under whom they or any Of them claim
or might claim said lands have paid any
taxes thereon for more than forty con-
secutive years last past; that neither de-
PENDANTS or any Of them have ever
brought an action to recover said lands.
That there appears of record claim
aud title to said lands In favor of Defend
ants and adverse to Plaintiffs, in that
there appears of record in Deed Record"
"!j' at page 600 in the office of the
Recorder of Deeds of Audrain County,
Missouri, deed of mortgage from James
Garrett and wife, Elizabeth Garrett, and
EnOch Hooton, under date OF March
18th, 1855, conveying said lands, with
other lands, to Claiborne Wells, to Sc
cure the said Claiborne Wells against
| any loss for or on account OF note dated
March 10th, 1855, given to the Branch
Bank of the State of Missouri at Palmy-
ra, for the sum Of 500, by the said James
Garrett, with the said Enoch HOOton and
Claiborne Wells as sureties thereon:
that the said note described In said mort
gage was fully paid by the said James
Garrett on the - day Of - 1856, and the
conditions of said mortgage fully salts
fled by the grantors therein, and the said
Claiborne Wells surety on said note did
not sustain any loss whatsoever thereon,
and never paid any sum whatsoever
thereon.
That the said Claiborne Wells Ia not
now living, and there is not now living a
widow OF the said Claiborne Wells de-
ceased: Plaintiffs verify believe there
are persons interested in the subject
matter of this (their) petition as Heirs,
deyisees, legatees and asslgnees Of Clal-
borne Wells deceased, or as claiming or
who might claim by, thru, or under him
or them, whose names they cannot insert
| herein because they are unknown to
Plaintiffs, and whose interest In said
lands is derived solely by virtue Of the
Aforesaid deed Of mortgage TO Claibor ne
| Wells, now deceased, and Plaintiffs fur
ther state that they have fully set out
so far as their knowledge extends, the
Interest Of such persons and how de-
rived,
1t IS therefore ordered by the Clerk OF
this Court, In vacation, that Publication
be made notifying the said unknown de-
fendants- The unknown heirs, deyisees,
legatees and assignees of Claiborne
Wells, deceased, and all those claiming,
or who might claim, by, thru, or under
him or them-that suit has been COM
menced against them IN this Court, the
object and general nature Of which is to
perfect Plaintiffs title Of record TO said