Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1906-03-08
Order of Publication.
STATE OF MISSOURI, (ss


STATE OF MISSOURI, l.,
COUNTY Of RON
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.
GOrder 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 NJ.
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-
PENDANT be notified by publication that plain
tiff has commenced a 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 60
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 OIL
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 81, nortf
of range 3 east, containing 40 acres, more
or less.
That said Daniel O'Brien left as his sol,
heirs. his children and grandchildren a
follows: Katherine Drury, wife of Michae
Drury, a daughter; Mary A. Shea, daugh'
ter and plaintiff herein; William T. Foley
Mary M. Foley and Michael T. Foley
grandchildren of Daniel O'Brien and tn
children of his deceased daughter, Ellel
Foley; William F. O'Brien, Chas. M
O'Brien and Daniel NJ. 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 o Brien
who died on the sd day of January, 1906.
Plaintiff further states that Mary A. Shea
plaintiff herein, purchased the undivide
one-fourth interest of Katherine Drury an,
Michael Drury, her husband, in the abov
described land by a warranty deed date
the 25th day of March, 1905, said dee
duly recorded in deed book 50, at page 636
Of the Iron county records.
That said plaintiff purchased the un
5 divided one-twelfth interest of VIM. I
Foley, a grandchild, to the land above de
scribed by a warranty deed dated the 25t
day of March 1905, and recorded in dee
book 40, at page 81, OF the Iron count
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 warrant
deed dated the 27th day of January, 1906
and recorded in deed book 49, at page 400, 0
the Iron County records.
Plaintiff further states that the partie
, hereto have title to said land as follows
uIdly a. CuCdt PIE VI Sdlu ldnu MiCldS
T. Foley, LIP of said land; Daniel M
. O'Brien, liz of said land: William F
Il O'Brien, I-I2 of said land; and Chas. M
7 O'Brien, I-I2 of said land.
! Plaintiff further states that Michael I
e Foley, Daniel M. O'Brien, VIM. F. O'Brie
i and Chas. NJ. O'Brien are minors, and ask
/ that a guardian ad litem may be appointr
by this Court to represent their interests.
Plaintiff further states that Daniel N
O'Brien is a nonresident of the State
Missouri, and that the ordinary process {
u law cannot be served upon him in the Stat
D of Missouri.
Plaintiff further states that partition
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 II
respective rights of parties, and that if pal
> tition cannot be made in kind, that said lane
may be sold and the proceeds appropriate
according to the respective rights of the pal
ties hereto and for such other and furtht
y relief as to the Court shall seem meet an
just in the premises. VIM. R. EDGAR,
Atty for Plaintiff,