The Butler weekly times. (Butler, Mo.) 1881-1918, 1907-12-26
,ipnee the nIaiptifr brinos this suIt

signee the plaintiff brings this suit
That prior TO the assignment aforesaid the
said Bates county Investment Company was
the owner and ia possession OF the following
lani in Bates County, Missouri to. wits
The east twenty five acres of the northwest
quarter OF the southeast quarter OF section
twenty eight, and the south half of the south
east quarter OF section twenty eight, and the
northeast quarter Of the southeast quarter OF
sect on twenty eight, AMI the south half OF the
southwest quarter of section twenty-seven,
and the northwest quarter OF the southwest
quarter Of section twenty seven. all In town
ship thirty nine, range thiriy-two. That said
land, tOg, Their with the other assets and prop
erty of the said Bates County investment Com
pany was assigned TO the plaintiff In the as
slgnment aforesaid; and that the plaintiff De-
witt c. Chasta n, assignee Of tina Bates County
Investment Company, now owns anu Is In pos
session OF said land That plaintiff and those
under whom h claims have been in the open,
notorious, continuous, exclusive and adverse
possession of said land for more than ten years
lat past, paving the Ia es thereon and exer-
clsing ownership thereover; during which time
no one OF the de endants nor anyone for or on
behalf of them nor claiming under Them nor
anyone of them has been In the possession of
said land, paid any taxes thereon or made any
claim whatsoever thereto.
That on July 10th, 1865, Amanda A. Brown,
owned the northwest quarter of the southeast
quarter o. section twenty-eight aforesaid.
That on said date she attempted to convey the
| same by deed recorded In book NJ. at page l73
county, Missouri That said deed appears of
record to be detective in this that the aid deed
was acknowledged before the clerk of the Coun-
ty Court Of Ba es County, Mo. That the seal
OF said court lie not affixed thereto That from
said record 1t appear that the heirs Of said
Amanda A Brown, she, as plaintiff believes,
being dead more than ten years, may have q
possible claim Of interest in said forty acres.
That plaintiff verify belives that there are per
sons interested In the subject matter ofihis
| suit as heirs If said An anda A. Brown whose
| names eau not be inserted herein because un-
known to plaintiff. That If not dead, said
Amanda A. Brown is nonresident Of Mis-
souri,
That the defendants Fannie Barnhart and
Benjamin Bsrnhart appear Of record 10 have
possible claim Of interest In the east FIVE acres
of the west half of the northw ST quarter of the
southeGstq quarter of section twenty eight afore-
haid as follows: That at one time and during
his lifetime said Eve ecres belonged to John
Cain. Thatprior TO the 18th day of March. 1888.
said Cain died leaving will whereby he devils
| ed all his property to the said defenHants, ex-
cept ceri ain land which he directed should be
| sold by his executor In said will named. That
said five acres was not included in the real
estate described In said will and dire cted to be
sold by said executor, but that the executor Of
said will did sell and convey the five acres
aforesaid by deed dated October 3rd, 1883, and
recorded at page 3O5 of boob g. In the ofica Of
the recorder Of deeds Of Bates County, Mo.
That through mesne cenveyauces from the
grantee In said deed plaintiff claims. That said
defendants have never been in possession Of
said land or made any claim thereto since the
making Of said deed by said executor That
said will was duly probated in the Probate
Court of Bates County, Missouri That said
defendants Fannie Barnhart and BENJAMIN
Barnhart are non-resldents Of Missouri
That the defendants A. W. Russell and Alpa-
retta j. Russell and the unknown heirs of Mary
Russell and Joshua X Russell executor of the
es ate of Mary Russell, deceased, appear OF
record to have possible cain OF lien against
the south half of the southwest quarter OF SEQ
ton twenty seven aforesaid, as follows:
That the said A. W. Russell and Alparetta j.
Russell and the other unknown heirs Of Mary
Russell constitute all the heirs of Mary Eussell
and that unless the said defendants be and sp-
pear at this court, at the next term thereof, to
be begun and holden ct the court house In the
city Of Butler. in said county on the Is Mon
day In Feb'y 1908, and on or before the frst day
OF said term, answer or plead to the petition in
said cause, the same will be taken as confessed,
and Judgment will be rendered accordingly
And II Is further ordered, that copy hersof
be published. according to law, inTHf BUTLER
WEEKLY TIMES, o newspaper published In said
county OF Hates for four weeks succ ssivelv,
publiehed at least once o week, the last inser-
ton to be at least thirty days before the first
day OF eaid next February 1908 term OF this
court, 7. D. EMBREE,
CircHit Clerk.
A true copy Of record,
Witness my hand, and seal OF the Cir
tsEAL) cult Court Of Bates County. this 18th day
OF December, 1907.
TAT T. d. EMBREE, Circuit Clerk.