Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1906-03-15
Order of Publication.

Order of Publication.
STATE OF MISSOURI, SIS.
In the Circuit Court-to April Term, 1906.
Mary A. Shea, plaintiff,
Michael T. Foley, Daniel NJ. O'Brien, VIM.
F. O'Brien and Chas. M. O'Brien, mi
nors, defendants.
TOrder OF Publication in Vacation.
Now at this day comes the plaintiff herein,
by her attorney, VIM. r. Edgar, and files
her petition and affidavit, alleging, among
other things, that defendant, Daniel M.
O'Brien is not a resident of the State Of
Missouri:
Whereupon it is ordered by the Clerk OF
the Circuit Court in vacation that said de-
fendant be notified by publication that plain
tiff has commenced suit against him in this
Court, the object and general nature of which
is to obtain a decree in partition to the fol-
lowing described land, situate in the County
of Iron, and State of Missouri, to wit:
The southeast quarter of the southeast
quarter of section ten (Io) in township
thirty-four (34) north, range three go
east, containing 40 acres, more or less, in
accordance with plaintiffs petition, which
said petition is in words and figures, as fol-
lows, to wit:
In the Circuit Court of Iron County, Mis-
souri,, to April term, 1906.
Mary A. Shea, plaintiff,
VS..
Michael T. Foley, Daniel M. O'Brien, VIM.
F, O'Brien and Chas. M. O'Brien, mi
nors, defendants.
Plaintiff states that Daniel O'Brien died
siezed of the following described tracts or
parcels of land. lying, being, and situate in
the county of Iron, and State of Missouri,
to-wit:
The southeast quarter of the southeast
quarter of section 10, in township a., north
of range 3 east, containing 40 acres, more
or less.
That said Daniel O'Brien left as his sole
, heirs, his children and grandchildren as
! follows: Katherine Drury, wife Of Michael
!. Drury, a daughter; Mary A. Shea, daugh-
! ter and plaintiff herein; William 7. Foley,
> Mary NJ. Foley and Michael T. Foley,
. grandchildren of Daniel O'Brien and the
children of his deceased daughter, Ellen
Foley; William F. O'Brien, Chas. M.
O'Brien and Daniel M. O'Brien, grand
children of Daniel O'Brien and children o.
William O'Brien, the deceased son Of DAME
= O'Brien; also his widow, Margaret 'Brien
who died on the sd day of January, 1906.
Plaintiff further states that Mary A. Shea
= plaintiff herein, purchased the undivided
= one-fourth interest of Katherine Drury ane
Michael Drury, her husband, in the above
!, described land by a warranty deed datee
y the 25th day Of March, 1905, said deco
u duly recorded in deed book 50, at page 636
of the Iron county records.
That said plaintiff purchased the un-
divided o%ne-twelfth interest of VIM. T
Foley, a grandchild, to the land above de.
scribed by a warranty deed dated the 25tf
day of March 1905, and recorded in deco
book 4o, at page 3I7, of the Iron county
records.
That said plaintiff purchased the un-
!. divided one. twelfth interest of Mary M
) Foley, a granddaughter of Daniel O'Brien,
y in the land above described by a warranty
deed dated the 27th day Of January, 1906
and recorded in deed book 40, at page 400, o
= the Iron County records.
= Plaintiff further states that the partie
{ hereto have title to said land as follows
ID Mary A. Shea, S-I2 of said land; Michae
T. Foley, LIZ of said land; Daniel M
O'Brien, liz of said land: William F
~ O'Brien, I-I2 of said land: and Chas. M
O'Brien, LIZ of said land.
~ Plaintiff further states that Michael /
Foley, Daniel M. O'Brien, VIM. F. O'Briel
81 and Chas. NJ. O'Brien are minors, and ask
a that a guardian ad Item may be appointe'
by this Court to represent their interests.
Plaintiff further states that Daniel M
O'Brien is a nonresident of the State
:. Missouri, and that the ordinary process {
Al. AZ law cannot be served upon him in the Stat
H. of Missouri.
Plaintiff further states that partition j
kind Of said land cannot be made witho'
great prejudice to the owners thereof.
Whereof plaintiff prays that partition ma
be made of such land in accordance with Il
:, respective rights of parties, and that if pal
n tition cannot be made in kind, that said lane
er may be sold and the proceeds appropriate
according to the respective rights of the pal
c ties hereto and for such other and furth'
relief as to the Court shall seem meet an
just in the premises. VIM. r. EDGAR,
ia Atty for Plaintiff
IL STATED MISSOURI,