The Butler weekly times. (Butler, Mo.) 1881-1918, 1907-12-26
Order OF Publication

In the Circuit Court OF Bates County, Missouri,
February term, 1905,
STATE OF MISSOURI, s. In vacation De-
County OF BATES. cemoer I'm, 1907
County live tment Company, PiaiDiiG,
versus
Fam e Bainha t, Benjamin Barnhart, the I'M
known heirs OF Amanda A. Rr wn A. ".
Russell, Alparetta j. Russell, Joshua X.
Russell, executor of the last will ami tesla
ment OF Mary Russell and the unknown heirs
OF Mary Russell, deceased, Il X. Ru sell,
John Elliott Bats County Loan and Land
Company; w J. Butler 'csiver of the
Bates National Bank, and Amanda A. Brown,
II living, Defendants.
Order of Publication,
Now at this day comes the plaintiff herein by
his alto n y, Silvers 4 Slvers and Dewitt c.
Chas tain, and files his verified petition, alleg-
ing amonS other thi gs that the defendants
Fannie Barnhart Benjamin Barnh.rt, Amanda
A. Brow If living, A. " Russell. AL aretta
j . Russ II, Joshua X Russell, execu or of the
last will and Testament OF Mary Russell. de-
ceased, X. aussell John Elliott and W j.
Butler, Receiver of the Bates National Bank
are non II sid.nts OF Missouri, and that he
verify b. lieves there are persons interested in
the subject matter Of said petition as the heirs
of Amanda A. brown, IT d ad, and as the heirs
of Mary Russell, who's names cannot e insert
! ed In said petition because unknown to plain
till. Whereapon II IS ordered 10y 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 natur Of which Is as set out in Said
petition as follows:
That Mary Russell at o e time held mort
gage aga INST said eighty acres. Thai said mort
gage has not been properly releast d of record
That In TACT said mortgage has been long since
aid off and that no claim of any inter, at in or
lieL against salt land ha4 ever be- n made for
me re than 10 years last past 10y aid Mary Rus
coll hau hann IL. a.l Nnr h.r
any of her heirs or by the executor Of her estate
aforesaid.
That A. W Russell and Alparetta j. Russell
ana Joshua r. Russell, executor Of the estate
of Mary Russell, are nOn-residents Of Missouri.
That plaintiff verify believes that there are
other persons interested In the n j ct matter
of this suit ss heirs Of Mary Russell whose
names can not be inherited in said petition be-
cause they are unknown TO plaintiff.
That OF record one X. r. Bussel appears to
have possible claim of interest in Inc south
half the southwest quarter of section TWEEN
dated April third, 1859, rec ,ded At page 1871 Of
book p in the Office of the recorder of deeds of
Bates County, Missouri, Isabella McCullOch
and her husband conveyed said eighty acres to
deed from Il R. Russ II conveying the interes,
thus acquired appears of record. That there Is
deed however Of record at page l55 OF book So
in the Office of said recorder of deeds dated
January sth 1881, whereby Rosetta X. Ru- ell
and George ". Russell cOnve ell said eighty
acres That r. X. Russell has not been in pos
session Of said land or made any claim there
TO for,more than ten years. That X. X. Russell
Is non resident Of Missouri. That Of record
John Elliott appears to have possible claim of
title to tire northwest quarter Of the southwest
quarter OF section enty- seven aforesaid, and
the northeast quarter Of the southeast quarter
section twenty-eIght aforesaid as follows:
That on January 18th, 1858, said Defendant
John Elliott owned the land last described.
That on said date by deed recorded at page 500
OF Bates Co Mo-. he attempted to convey the
same to Milton 7. Peters That said deed Is
defective in this that the acknowledgment
which was tax before the clerk OF the County
Court of Bureau county, Illinois, does not ha, e
attached thereto the seal Of said court That
said Elliott is non resident Of Missouri That
said FL lott has not been in possession Of aid
land nor made any claim thereto since the max
ing Of said deed.
That on September 3rd, 1902, the Bates Coun-
lied and doing business under the laws Of Mis-
souri, IS bank OF discount and deposit, owned
the land last above described. That on said
date, by deed recorded at page 272 OF book 1872
In the ONCE Of the recorder Of deeds Of Bates
dent OF said Bates County Bank, said land was
conveyed to the Bates County Investment Com
pany That there appears OF record no evil
uence OF the hutn0r1ty OF STA 1yBerd 70 make
said conveyance. Bnt that the same was really
authorized End . quiesced In by the said Bates
County Bank, which received good and yalus-
BILE consideration therefor. That the Bates
County Bank was succeeded by the Bates Ma.
tional sank. q corporation organized under the
laws Of the United states as bank bf discount
and 'epoeit. Which Bates National Bank sue
ceeded to all the rights and liabilities Of the
Bates County Bank. That In 8 ptember 1905,
said Bates National Bank went into liquidation
and the defendant w J. Butler was duly and
legally appointed Receiver thereof That taid
W. j. Butler, Receiver OF the Bates National
Bank is nonresident OF Missouri.
And in Will n petition plaintiff prsys that the
court will enquire into the facts ana declare the
interests Of the respective parties to said suit In
the land aforesaid. And that IL the court finds
IL to be fact that IL will declare that the plain.
till lie seized and possessed of an indefeasible
title In fee TO all the real estate aforesaid, and
That the defendants none OF them have or has
any interest, title or claim In or any lien sgsinst
said land on any part thereof, and for eli prop
err relief.
Plaintiff states that the Bates COUNTY Invest
ment Company lie . corporation organized un-
der the laws OF Miseou.i and heretofore doing
business as . loan and investment company.
That heretofore and on the End day Of Febru-
ary, 1907, the said Bates County Investment
Company made an assignment OF ail Its assets
to the plsiniiG Dewitt C. Chsstain who has
qualified 90 such and In the capacity Of such as