Mexico Missouri message., 1906-01-04


County Of Audraln 7 January term. 1905
J. N. Cross, Plaintiff,
The unknown heirs and widow OF Joseph
Helper, deceased, and the
Unknown heirs and Wild
ow Of Paul Abat, deeeas-
ed, defendants.
Now on this End day Of December, 1905,
comes plaintiff and files his petition duly
verified, and in said petition plaintiff
alleges that he Is in possession and holds
the title to certain real estate situated In
souri, described as follows:
All OF lot number one ~; all Of lot
number two (2), except four az feet In
width of the west Side Of said lot mum.
bered two 10, all Of lot numbered SEVENTH
except four al feet In width of the west
side of said lot numbered
SEVENTH: and all Of lot numbered
eight ls); all in block numbered twelve
Q2) OF the addition made to the City Of
known as County Addition 20 the city OF
Mexico, Missouri.
Plaintiff further states In said petition
that the title TO said land Is vested in
him and those under whom he claims by
limitations under the provisions of sec
ton 1868, Chapter 4S, article of the re"
vised statutes OF Mo. for 1899; and that
the equitable title 10 said land eminated
from the Government OF the UnitedStates
OF America more than thirty years ago.
Plaintiff further says In said petition
that he is now In possession OF said land
and that he and those under whom he
claims have been in the lawful, actual,
open, notorious continuous and adverse
possession thereof claiming said land as
their own for more than thirty years, and
that he and those under whom he claims
have paid all the taxes on said land for
more than thirty years, and that one Jo-
.cph Hepler appears TO have claim to
title OF record adverse to that OF plain
tiff In this, to-wit
Said Hepler obtained title to said land
on March 9th, 1s4l, and so far as the rec
ord shows, has never conveyed away said
| land, and also that one, Paul Abat, APP
pears to have claim of title of record
adverse tothat Of plaintiff in this, to-wit;
On October 12th, 1852, the said Pau
Abat obtained title to said land by deed
which is of record, and July 1856, under
took to convey said land TO plaintiffs re-
mote grantors but said conveyance was
| Intellectual to show by the record that thu
title of said Paul Abat to said lane
passed.
The plaintiff in said petition further
says that said Joseph Hepler' and sale
Paul Abat died intestate and have beer
dead for more than thirty years, and tina
the names Of the widow and children 0
| said parties, If any there be, are unknown
to him and for that reason he cannot in
sert their names in his said petition ant
in this publication.
That the interest of said unknown
persons is that Of widow and heirs OF 10
seph Hepler and is derived through 10
seph Hepler as their husband am
father. And that the interest of said un
known persons is that of widow an
heirs of said Paul Abat and Is derive
through said Paul Abat as their husban
and father, and that the interest of sal
unknown persons cannot be described i
said petition and this publication NOR
fully by him for the reason that thei
interest in said real estate is unknown t
him.
IL is therefore ordered by the clerk G
this courtin vacation that publication b
made notifying said unknown person
above named and described OF the institu
ton Of this suit, and now you said dc
PENDANTS above named and set forth, al
hereby notified of the filing of this sui
the object and general nature of which
to obtain decree of the Audrain count
circuit court perfecting plaintiffs title
the aforesaid lands by Imitation undo
the provisions of section 1868 4260, Char
ter As Revised sta tutes of Mo. for 1Sl
and under and by virtue Of the genera
rules and equity.
Hnd now unless you said unknown dc
PENDANTS named, described and set fort
herein be and appear at the next regula
term Of this court to be begun an
held at the court hons
in the city of Mexico, Audrain Co
Missouri, on the 3rd Monday I'm Januarl
1906, and on or before the first day of sal
term answer or otherwise plead to plaiI
tiff's petition the same win be taken Q
; confessed and Judgment rendered accord
ingly.
And IL is further ordered that cop
, hereof be published In the Mexico MiS
souri, Message, a weekly newspaper pull
lished in Audrain county, Missouri, fC
four weeks successfully, the last insel
tiOn to be at least fifteen days before I'll
commencement of the January 1905 teri
of this court.
State of Missouri GO
County of Audrain
|, W. IL Morris, clerk of the Circu
court of Audrain county, Missouri.
hereby certify that the foregoing is
: full, true and complete copy of the Orde
of publication IN case of j. N. Cross v
Unknown Heirs of Joseph Hepler an
| Paul Abat, etal, as fully as the same al
pears of record in my office. Witness m
hand and official seal Done az my d
flee, In the city of Mexico, Audrain cOuI
$S$G