Mexico Missouri message., 1904-08-25
Order of Publication in
Vacation.

STATE Of Missouri In the Circuit Court
COUNTY of AUDRAIN September term, 1904
Frank l.. Crosby, Plaintiff
Mary +. Pierce, widow OF Charles w.
Pierce, deceased, the Unknown Heirs of
Charles w. Pierce, deceased, and all 9TH
ers having an interest in the subject mat
ter of this petition whether by descent
from the heirs of said Charles w. Pierce
or as assigns OF Charles w. Pierce or of
his heirs, Defendants
Now on this August 9th, 1904, comes
plaintiff by attorney, and files petition
with the Clerk OF this Court, In vacation,
duly verified by atlidaylt of plaintiff,
stating among other things, that Charles
W. Pierce, now deceased, was on August
18th, 1881, the owner In fee simple of the
following described tracts of land in Au-
drain County, Missouri, tO-wlt: The
southeast fourth of the southeast quarter
the north half Of the southeast quarter,
and all that part of the south half of the
northeast quarter lying south Of the Chi
cago and Alton Railway, all in section 8,
township 81, range Z, aud that on said
date one Richard s. Todd, for and in con-
sideration Of the sum Of Sl455.0O, purchas
ed all OF the said lands from the said
Charles w. Pierce; that on August IS,
1881, the said Charles w. Pierce and his
wife, Mary +. Pierce, one OF the defend
ants herein, in consideration of the sum
OF sl45J.OO, in hand paid Charles w.
Pierce by said Todd, and in pursuance of
the said contract of purchase attempted
and intended to convey by general war;
ranty deed 10 said Richard s. TODD, all of
said lands, but that the deed made, and
the description of said land therein was
erroneous, and does not In fact describe
the said land Intended TO be conveyed,
describing 1t as the Southeast fourth OF
the east quarter the north half of the
Southeast quarter, and all of the south
of the Chicago &c Alton Railway, all in
section 8, township 81, range z, Audrain
County, Mo-" That plaintiff is, in fact,
now the rightful owner, OF the following
portion Of said land first herein described,
viz: The East half OF the Southeast
quarter and all that part of the East half
of the Northeast quarter which lies south
of the Chicago & Alton Railway, by
succession OF eonyeyances from said
Richard S. Todd, who obtained title
thereto through Charles w. Pierce and
wife as aforesaid, and he has succeeded
to the aforesaid rights of the said Todd as
purchaser and assignee thereof; that the
said Charles w. Pierce is dead, but as 10
whether his said wife, the said Mary II.
Pierce, Is dead he has no knowledge, and
for which reason she Is made party de-
PENDANT to this suit II she Is living she
is a nonresident OF the State OF Mis-
souri, so that ordinary process OF law can
not be served on her, and her interest In
the subject matter OF this petition, and
how derived, so far as plaintiffs knowi-
edge extends, IL as the widow OF the said
Charles w. Pierce, deceased, such being
the interest as she may have by virtue OF
the marital relation that existed between
her and her husband Plaintiff further
states that he verify believes there are
other persons Interested In the subject
matter OF this petition whose names he
cannot insert herelnbecause they reun-
known to him; that said unknown parties
are the heirs at law OF Charles w. Pierce,
deceased, and all persons, II any, having
an interest In the subject matter Of this
petition as heirs Of the said unknown
heirs Of the said Charles w. Pierce, de-
ceased, and llpeFsonsflf any, having an
interest n the subject matter Of this PEI
titlon as grantees 81 the said Charles w.
Pierce, deceased, q as grantees OF the
heirs 81 said Charles w PieFeei that the