The Butler weekly times. (Butler, Mo.) 1881-1918, 1907-12-12
Order OF Publication.

In the Circuit Court Of Bates County, Missouri,
February term, 1905.
STATE OF MISSOURI, g. In vacation De
D GSsnsy q s.sss .S.. no os ,s ,sn rae.
County Investment Company. Pisiphn,
Fam E Bsrnhsrt, Benjamin Barnhart, the I'M
known heirs OF Amanda A. Brown. A. w.
Russell, Alparetta J. Russell, Joshua X.
Russell, executor Of the last win and tesla
ment OF Mary Russell, and the unknown heirs
OF Mary Russell, deceased, Il. X. kussell,
John Elliott. Bates County Loan and Land
Bats National Bank. and Amanda A. Brown,
IL living, Defendants.
Order OF Publication,
Now at this day comes the plaintiff herein by
his attorney, Silvers a Silvers and Dewitt Z.
Chastsin, and iles his verified petition. slleg-
ing among other thirgs that the defendants
A. BroSS. m living, a. ". Russell, Alt aretts
J. Russell. Joshua Russell, executor or the
last will and Testament OF Mary Russell. de-
ceased, r. r RUSSELL John Elliott and W J.
Butler, Receiver OF the Bates National BANK,
verify believes there are persons Interested In
the subject matter OF said psttion as the heirs
Of Amanda A. Brown, IL dead, and as the heirs
Of Mary Russell, who's. names cannot re insert
ed In said petition because unknown 10 plain
sif, whereupon Il 10 ordered by the clerk In
vacation that said defendants be notified BY
publication that plaintiff has commenced an
action aga inst them In this court the object and
general nature OF which Is as set out In SAID
petition as follows:
That Mary Russell at ote time held mort
gage against said eighty acres. That said mort
gage has not been properly released OF record
That In fact said mortgage has been long siner
aid on and that no claim OF any interest in =
lieL against said land has ever be, made 4 T
mere than 10 years last past by taid Mary Rus
sell, who has been Fad over ten years, nur oy
any OF her heirs or by the executor OF her estate
That A, W. Russell and AipsrettaJ. Russell
and Joshua R. Russell, executor OF the estate
OF mary Russell, are nom residents OF missouri.
That plaintiff verify believes that there are
other persons interested IN the su' t:et matter
Of mis- suit rs heirs of Mary Russell whose
names can not be inserted In said petition be-
cause they are unknown to plaintin.
That OF record one X. r. Russell appears V
have possible claim OF interest In ihe south
/ half the southwest quarter OF section TWEEN,
/ ty.seyen aforesaid as follows; That by deed
dated April third, 1860, recoI ded az page lsl OF
book in the office OF the recorder OF aeeus o.
/ Bates County, Missouri, Isabella McCuiloch
/ Geo. w, Russell and n Russell. That no
| deed from X, X. Russ conveying the lnteres
| thus acquired appears OF record. That mere u
deed however Of record at page 40 OF DOCS os
t In the office Of sald recorder OF oeeas dateu
january sth 1881, whereby Rosells X. Russell
/ and George W. Russell conve al said eighty
acres That r.. r. Russell has not been IN pos
/ session Of said land or MADE any claim there,
/ to for more than ten years. That 4. X. kussell
is nonresident OF Missouri dhs o, ,rToT ~
/ title to the northwest quarter OF the southwes,
\ quarter or section tv enty.seven aforesaid, anu
! the northeast quarter OF the southeasl quar'e..
and the south half Of the southeast quarter OF
That on January 18th, 1858, said Defendant
/ John Elliott owned the land last described
/ That on said date by deed recorded at page ou
of book d in the ONCE of the recorder OF ueeus
of Bates Go Mo-, he attempted 70 sShy ayS w.
defective In this that the acknowledgment
whit h was tax, n before the clerk OF the County
Court Of Bureau county, Illinois, uoes not ns !
attached thereto the seal OF said court: Ihat
said Elliott Is q non resident Of Missouri. Thai
said El lott has not been In possession OF aid
land Nor made any claim thereto since the m X
ing OF said deed. ~ p.,..co,,
tv pank, which was then soorporanon organ
lied and doing business under the lsWs ., m,s
souri, as bank Of discount and deposit, owned
the land last above described. That ON SAG nl
! date. by deed recorded at page 272 OF book ~.
10 the ONCE Of the recorder Of aeeus OF pave
county, Mo-, executed by Y. j, Tygaro, presi'
dent OF said Bates County Bank, said lana wa
conveyed to the Bates County Investment Com
psny That there appears Of record no evi
dence of the authority of Id Tygsrd to max,
| said conyeyance. BnI that the came was Iehii.
authorized md a quiesced In by the SAID Bate
Coonty Bank, which received good and yaluF
ble consideration therefor. That the Bate
County Bank was succeeded by the Bats Ma
tional sank. q corporation organized under TN
laws of the United States as bank OF discoun
and teposit Which Bates National Bank sue
ceeded TO all the rights and liabilities CT TN
Rates County Bank. That in s ptember 1906
said Bates National Bank went Into liquidation
and the defendant w J. Butler was duly an
legally appointed Receiver thereof Tnat al
". j. Butler, Receiver oil the Bates Natlona
Bank ia non resident of Missouri.
And in which petition plaintiff prays that IN
court will enquire into The facts ano declare 70
interests of the respective parties 10 SAID SUN I
the land aforesaid And that II the court hnn
IL to be fact that IL will declare that the pam
tiff 10 seized and possessed OF "a lnueieaslol
title in fee to all the real estate aforesaid ant
that the defendants none OF then have or Ia
any Interest, title or claim In or any lien ag alhs
said land Oh any part thereof, and for all prop
er relief. 49,.
Plaintiff states that the Bates County Invest
ment Company is q corporation orgahiIeu III
der the laws of Missouri and heretofore uoln
business as a loan and investment company
That heretofore and on the md uay Oh reoru
ary, 1897, the said Bates County investmen
Company made an assignment OF all its asseI
TO the plaintiff Dewitt Z. Chastain VINO no
qualified as such and In the capacity Oh sueh as
sgnee the plaintiff brings this suit
That prior to the assignment AFORESAID IN
said Bates County Investment Company wa
the owner and in possession OF the ioilowin
! i.rd IN q tos Countv MissOuri to- wit: