Iron County register., 1905-08-31

tion plaintiff then and there paid to
said W. P. Buckmaster;
That since said deed was made W.
P. Buckmaster has died, leaving as
his sole children and descendants the
defendants named herein, Augustus H.
Buckmaster and Minnie Vanderpoel
That the description contained in
said deed of land intended to be con-
veyed thereby was erroneous, and does
not in fact describe the premises pur-
chased by plaintiff and intended to be
conveyed by W. P, Buckmaster; that
whereas, said description described
the tract Of land as ''the east one-half
OF the southwest quarter of the north.
west quarter OF section 34,," the same
should have been described as follows:
The east one-half of the southeast
quarter of the northwest quarter OF
section "a; and that in order to make
said deed pass to plaintiff, the premi-
ses designed and intended to be pur.
chased and conveyed, said description
should be amended by substituting the
clause last above for that inserted by
mistake, so that the whole description
should read as follows, to-wit:
The east one-half of the southeast
quarter of the southwest quarter ot
section 27, the east one-half of the
northeast quarter of the northwest
quarter of section "a, the east one-hal
of the southeast quarter OF the north
west quarter OF section 81, and part o.
the west half of the southeast quarter
of the northwest quarter of section "a,
township 33. north, of range east,
containing 81 acres, more or less;
That said conveyance was incor.
rectly written by mistake of the scriv.
ener who drew the same, and that il
did not express the mutual intent oil
the parties; ..
That plaintiff has requested and de-
manded of the defendants herein, who
are the only children and descendants
of W. P. Buckmaster, deceased, that
they execute to him a correct and
proper deed Of said premises, but de.
PENDANTS have ever refused and
neglected, and still refuse and neglect,
to comply with said request and de-
mand;
That said defendants are non-resi-
dents of the State of Missouri, and that
the ordinary process OF law cannot be
served upon them.
1t is, therefore, ordered by the under
signed, clerk of the circuit court Of
Iron county, In the State Of Missouri,
in vacation, that publication be made
notifying said defendants that an
action has been commenced against
them in the circuit court of Iron coun-
ty, State aforesaid, the object and
general nature Of which is to obtain a
decree OF said court directing and COM
polling the defendants to execute new
and reformed deed which shall pro-
perly describe the premises aforesaid,
and in the event of their failure so to
do to decree the title to land as cor
rectly described in plaintiffs petition
to be fully vested in said plaintiff.
And unless they be and appear at
the next term of the court, to be
holden for the county Of Iron and State
OF Missouri, at the courthouse in said
county, on the fourth Monday in Oc-
tober next, 1905, and on or before the
third day thereof (f the term shall so
long continue, and If not, then before
the end Of the term) and plead to
the plaintiffs petition, the same will
be taken as confessed and Judgment
rendered 10 accordance with the
prayer thereof.
1t is further ordered that copy
hereof be published, according to law.
in the IRON COUNTY REGISTER, a
weekly newspaper published In said
county Of Iron and State of Missouri.
J. M. HAWKINS, Clerk.
A true copy from the record:
Attest with seal this 18th day Of
sEAL] August, 1905.
j. M. HAWKINS, Clerk
Circuit Court Iron County, Mo.
W. r. Edgar, Atty for plaintiff.