Mexico weekly ledger., 1905-04-06

VS..
John II. Lane, John w .Musgrave, and
the Unknown Heirs, Devisees and
Grantees or Assigns Of W. H.
Goodrich, deceased -. Defendants
Now on this day, April LIST, 1905,
comes Plaintiff and files with the
Clerk OF this Court, In vacation, bis
petition duly verified by affidavit,
wherein the Plaintiff states that II is
a CORPORATION, organized and existing
under and by virtue OF the laws OF the
State OF Missouri, and as such corpor-
alton has power To sue and be sued
and to exercise the power and right OF
eminent domain,
That Plaintiff in pursuance OF the
laws of Missouri and OF its charter Is
engaged In owning and operating a
railroad from st. Louis, Missouri,
westward through the County OF Aud
rain to Kansas City, Missouri, and at
Mexico in said Audrain County In
furtherance OF its business as such
railroad corporation, its public busi-
ness REQUIRES that il shall have further
and other and additional grounds for
depot, stock yards, with side tracks,
switches, turnoutS, convenient ana
useful FOR the prosecuting OF It's busi'
ness.
1t further states that it needs and
seeks to acquire for public use and FOR
| the purpose aforesaid a parcel or tract
| Of land situated Ia the City OF Mexico
and County OF Audrain and described
as follows, to-wit: All that tract or
parcel OF land situate east OF Morris
street In the said City OF Mexico and
| bounded on the north by the rightof-
way OF the Wabash Railroad, and on
the south by the south branch OF the
Louisiana & Missouri River Railroad,
which last named railroad is operated
and occupied by the Chicago & Alton
Railway Company, and being all that
part OF Lot seven "a OF Block eleven
llD and all those parts Of Block four
(4l, Block five l5) and Block three (3l
Of Morris Addition to the City OF
| Mexico lying east Of said Morris street
and between the rightofways OF the
two said railroads last named, and To-
lciuding the streets and alleys as indl-
Gated upon the plat OF said Morris
Addition along said tract OF land
aforesaid, save and except the follow
ing portion OF Block three ~, begin at
a point on the east line Of said Morris
street In the center Of the rightof way
OF the Louisiana & Missouri River
Railroad; thence north fifty feet for
a point Of beginning; thence north
f%fty-eight feet and four inches; thence
north seventy-six degrees and forty-tiye
minutes east two hundred and forty
six feet and six inches; thence south
thirty-ive feet and six inches; thence
on and along the north line Of the
rightofway OF said last named railroad
TO the point of beginning.
That the said W. Fl. Goodrich In
his life time to-wit: September It'll,
1895, BY general warranty deed record
ed In Book So, page 1853 Of the Record
er's Office of Audrain County, Mis-
souri,, became the owner Of said lands
herein sought to be condemned.
And that thereafter, to-wit: In or
about the year 1900 the said W. II.
Goodrich departed this life, anG until
his death appeared TO be the record
owner OF said lands.
That the said W. H. Goodrich left
surviving him heirs at law, but they
are unknown to this Plaintiff, its
agents, officers or attorneys. And that
the said w. H. Goodrich, either in bis
life time, by his last will duly exc
cuted by him, devised said land TO
some person or persons unknown TO
this Plaintiff, or In his life time grant
ed OF assigned said lands to some per-
son or persons unknown to this Plain
tiff, or at the death Of the said W. II.
Goodrich the said lands were Inherit
ed from him by his heirs at law which
said heirs are unknown to this Plain
tiff and Plaintiff alleges that the title
TO said lands is either In said unknown
devisees, heirs, grantees or assigns OF
the said w. II. Goodrich, deceased,
and said Plaintiff declares its belief
that said title is In q or the other
OF the said three unknown classes OF
person or persons, but Plaintiff has no
knowledge or information and is ig-
norant as to whether the said title be
In the one or the other OF the said IN
known parties. Plaintiff further
states that it and the owners OF said
tract OF land who are non-residents OF
the State Of Missouri cannot agree
upon the proper compensation to be
paid for said land OF any interest
therein which Plaintiff seeks TO ac-
quire, although Plaintiff has used
every endeavor to learn and ascertain
who be the true owners Of said lands,
and that the names neither OF the un-
known heirs, devisees, grantees, or as
signs of said w. FL. Goodrich can be
inserted herein for none are known to
/ this Plaintiff.
Your petitioner therefore prays for
the appointment by the said Court, or
by the Judge thereof In vacation, Of
three disinterested freeholders as com-
missioners,o or Of a jury to ascertain and
assess the damages which tine said
owners Of said tract of land may sus-
tain as the just compensation to
which they may be entitled in conse
quence OF the appropriation and use
| Of said lands by the said Plaintiff for
the purposes aforesaid.
Plaintiff further prays for an Order
Of Publication notifying said un-
known owners whoever they maybe OF
the time, place and hearing of this
| petition by the said Court or by the
Judge thereof In vacation.
1t is now therefore ordered by the
Clerk Of the Audrain County Circuit
Court, In vacation, that publication
be made herein notifying the un-
known heirs, devisees and grantees or
assigns OF W. FL. Goodrich, deceased,
that the Wabash Railroad Company
has begun proceedings against them
in the Circuit Court of Audrain Coun-
ty, Missouri, the object and general
\ nature Of which is for condemnation
and appropriation for public use by
said Wabash Railroad Company, OF
the land herein and above described,
and praying for the appointment OF
Commissioners or a Jury to ascertain
and assess the damages which the
owners Of said tract OF land may sus-
tain, 10 consequence OF the appropri-
alton and use OF said land by said
Railroad Company; and now you said
unknown heirs, deylsees and grantees
or assigns OF w. FL. Goodrich, deceas-
ed, are hereby notified that Plaintiff
will present his petition for appoint
ment Of Commissioners, In above
cause, on Monday, May LIST, 1905, at
Montgomery City, Missouri, before
the Honorable James ID. Barnett,
Judge Of the Eleventh Judicial Cir
cult OF Missouri, and Judge OF the Au-
drain Circuit Court, in vacation, and
you VIII be and appear before said
Judge as aforesaid, when said Com
missioners will be appointed by said
Judge, In vacation, and ordered to