Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1904-05-19
Order of Publication.
State of Missouri, In the Circuit Court
County Of AUDRAIN To June Term, 1904
o. l.. Ellars, Plaintiff.

W. -. IIlIdIS, ldluJlus
VS..
Mamie ii. McClelland, William Nc
Clelland, Mary McClelland and the un-
known heirs, devisees or assigns of Will
liam McClclland, deceased, and all who
might Claim by, through or under him or
them, Defendants.
Now on this 18th day of April, A. ID.
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, 1864,
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. +. N
Of the southwest One-fOurth Is, w. N OF
section 1850 thirty-iive, township iiity-
one l5l), range ten (lO) west of the fifth
Z. M. That on said date for considcra-
ton OF 100000 in hand paid he sold and
agreed 10 convey by good and sufficient
warranty deed To John McCllelland the
above described land; that ON the above
date William McClelland and wife. Nan :
mic H., executed and delivered to John
McClell land warranty deed for the con-
sideratlOn Of SlOO, but by mistake of the
Scriyener who wrote the deed, it the said
deed conveyed the northeast one fourth
Of the southeast One-fOurth of section IS,
township 81, range 10, west of the 5th =.
NJ. Instead OF the northeast One-fOurth
| of the southwest One-fOurth of said sec
| ton 30, which the Grantor sold and in
tended to convey to the said John Me-
ClellandwhO 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 IL is not within the power of this
plaintiff to produce the same but the
same has been recorded in Book N, page
~, of the deed records In the Recorder
| 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
| +. NJ, in Audrain county, Missouri, ac-
quired by the said John McCleland by
| 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 i'm pos :
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 McClel-
land, respectively, are now living and
are non-reSidents Of the State of MlssOu-
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 Dublica-
| tiOn be made notifying said Mamie Ii ,
McClcland, William McClelland, Mary
| NJ -Clelland and the unknown heirs, de-
| vlsceS 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 Decree of the
Audrain County Circuit Court, dlyesting
the defendants of any claim to said land
| and to correct the deed recorded I'm Book
! N. page ~, 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
| 80, Township 81, Range 10, West of the
5th Z. NJ, in Audrain County, Missouri.
and to vest In this plaintiff the fee'simple
title thereto; and unless you said de-
PENDANT be and appear at the next regu-
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 VIII be taken as confessed and
judgment rendered accordingly.
1t is further ordered that copy
hereof be published in the Mexico MIS-
souri, Message, newspaper published
weekly In Audrain County, Missouri, for
four weeks successfully the last Insertion
to be at least 10 days before the first day
of said next term of this Court. :.
STATE OF Missouri,
County Of Audrain. ! !.
l, w. II. Morris, Clerk OF the Circuit
Court within aud for the County and
State aforesaid, do hereby certify that
the foregoing is full true and complete
copy Of the Order of Publications. case
4 OF q. l.. Ellars VS. Mamie III. McClelland.
ct al, as full as the same now remains ON
file and Of record In my Office.
! lSFAT Witness my hand aud Off
9EAN ~ cial seal. Done at Office in
the City Of Mexico, County and State
aforesaid, this 18th day of April, A. ID.
1904.
w. II. MORRIS, Clerk.
STALLINGS & SHARPLESS,