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


That plaintiffs hold the title TO said
real property, and that I'm 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 hfty-three OF
chapter Eight entitled, "Suit to perfect
title by limitation proceedings" Of the
Revised Statutes Of Missouri for 1900;
that the equitable title 70 said lands en-
ansted from the United States Govern.
ment more than forty years before the
fling Of this their 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 do
PENDANTS or any of them have ever
brought an action TO recover said lands.
That there appears of record a claim
and title to said lands In favor of Defend
ants and adverse to plaintiffs, In that
there appears of record In Deed Record
''E" at page "6O9" 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, 10 Sc
cure the said Claiborne Wells against
any loss for or on account of a 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 suretles 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
fed 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 is 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 (theirl petition as Heirs.
devisees, legatees and assignees Of Clai-
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 Claiborne
Wells, now deceased, and Plaintiffs fur
Their 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 asslgneos 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
real property, and for decree Of this
court declaring title TO said real property
to be fully vested In plaintiff by limita.
ton nnder the provisions Of said section
426s, entitled, Limitation In case OF
certain titles" OF Chapter 4s, and for
decree confirming plaintiffs title to said
lands under said section $50 OF Chapter
8 entitled, Suit TO perfect title by llm-
itation-prOceedings "of the Revised Stat.
'ites of Missouri for 1899, and for such
other relief as to the Court may seem
just and proper.
Now, therefore you, the unknown
heirs, devlsees, legatees and assIgness OF
Claiborne Wells, deceased, and All those
claiming or who might claim by, thru, or
under him or them, defendants, are here.
by notified Of the Cling OF said petition
and the commencement Of this said suit.
and unless you be and appear at the
next regular term OF this said Court TO
DO begun and hold at the Court House IN
the City Of Mexico, in the County Of Au-
drain and State Of Missouri, on the first
Monday In June, 1904, and on or before
the first day thereof answer or otherwise
plead 70 the said petition Of plaintiffs the
same VIII be taken as confessed, and
judgment win DO rendered in accordancs
with the prayer of plaintiffs therein.
II g further ordered that a copy
hereof be Published IN the Mexico Mis-
souri, Message, a newspaper published