Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1906-03-01

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. NJ. 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 T. Foley,
Mary M. Foley and Michael 7. 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 of
William O'Brien, the deceased son of Daniel
O'Brien; also his widow, Margaret O'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 and
Michael Drury, her husband, in the above
described land by a warranty deed dated
the 25th day of March, 1905, said deed
duly recorded in deed book 50, at page 636,
of the Iron county records.
That said plaintiff purchased the un-
divided one-twelfth interest of VIM. 7,
Foley, a grandchild, to the land above de-
scribed by a warranty deed dated the 25th
day of March 1905, and recorded in deed
book 40, at page 81, 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,
in the land above described by a warranty
deed dated the 27th day of January, 1906,
and recorded in deed book 4o, at page 400, o.
the Iron County records.
Plaintiff further states that the partie:
hereto have title to said land as follows
Mary A. Shea, 8-I2 of said land; Michae
7. Foley, liz of said land; Daniel M
O'Brien, LIP of said land: William F
O'Brien, I-I2 of said land; and Chas. M
O'Brien, I-I2 of said land.
Plaintiff further states that Michael T,
Foley, Daniel M. O'Brien, VIM. F. O'Brier
and Chas. NJ. O'Brien are minors, and asks
that a guardian ad Item may be appointed
by this Court to represent their interests.
Plaintiff further states that Daniel M
O'Brien is a nonresident of the State o.
Missouri, and that the ordinary process o.
law cannot be served upon him in the State
of Missouri.
Plaintiff further states that partition ir
kind of said land cannot be made without
great prejudice to the owners thereof.
Whereof plaintiff prays that partition may
be made of such land in accordance with thu
respective rights of parties, and that if par.
tition cannot be made in kind, that said land!
may be sold and the proceeds appropriated
according to the respective rights of the par.
ties hereto and for such other and furthe,
relief as to the Court shall seem meet ane
just in the premises. VIM. r. EDGAR,
Atty for Plaintiff.
STATE OF MISSOURI, lss
COUNTY OF IRON. 90
On this I'd day of February, 1906, befor,
me, Jesse M. Hawkins, Clerk of the Circui
Court within and for the County of Iron AM
State of Missouri, personally appeared VIM
R. Edgar, who being duly sworn, upon hi
oath states that Daniel M. O'Brien, one O
the defendants herein, is nonresident Q
the State of Missouri, and that the ordinar
process of law cannot be served upon hir
in the State of Missouri.
:, VIM. r. EDGAR.
Subscribed and sworn to before me thi
. I'd day of February, 1906.
[sEAL] J. M. HAWKINS,
Clerk Circuit Court.
: And that unless the said Daniel M
{ O'Brien be and appear at this Court, at tn
= next term thereof, to be begun and holde
= at the courthouse in the City of I~ronton. L
!, said county, on the 23d day Of April next
= and on or before the third day of said term
9 if the term shall SO long continue land
not, then on or before the last day of sal