Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1907-03-07
Order of Publication.
STATE OF MISSOURI, /

In the Circuit Court Of Iron county, Mo-
TO April Term, 1907.
Charles H. Hoke, Plaintiff,
Luther Chapman, Luther R. Chapman,
Relic E$Wingo, the unknown heirs, de-
visess and assigns of Luther R. Chap
man, deceased, the unknown heirs, de-
visees and assigns of Luther Chapman,
deceased, the unknown heirs, deyisees
and assigns of Relic E. Wingo, deceased,
Defendants.
Now at this day comes the plaintiff. by his
attorney, VIM. r. Edgar, before the un-
dersigned Clerk OF the Circuit Court of Iron
county, Missouri, and files herein his petit
ton and affidavit, stating, among other
things, that the plaintiff, Charles H. Hoke,
owns and claims to own the fee simple title
to the following described lands in the Coun-
ty of Iron, and State of Missouri, to-wit:
The west one-half of lots 4 and S, of the
northeast quarter, and the east one-half of
lots 4 and 5 Of the northwest quarter of Sec
ton ?, in township "a, north, Orange 2 west.
That the defendants are asserting or claim
ing some right, title or interest in and to
said lands adverse to and which is a cloud
on the title of the plaintiff;
That there are persons asserting or claim
ing some right, title and interest in and to
said lands adverse to the plaintiff, whose
names are unknown to plaintiff, and whose
names cannot be inserted herein as defend
ants because their names are unknown to
plaintiff;
That the unknown heirs, devlsees and as
signs of Luther R. Chapman, deceased, are
such persons as under the laws of the State
of Missouri would inherit as the next Of kin
of said deceased, or are such persons as may
be named as devisees or legatees of deceased
in the will Of deceased, or are such persons
as may have acquired some right, title or in
terest or claim Of right, title or interest as
assigns or grantees Of the said Luther R.
Chapman, deceased; that the names and
number of said unknown heirs, devisees and
assigns are to the plaintiff unknown; that
the deed records of Iron county do not dis
close their names or the number of the said
unknown heirs, devisees or assigns, or the
interest that the said unknown heirs, devisees
or assigns may claim in and to said prop
erty; that it is impossible for the plaintiff to
further describe the said parties or their in
~terests, or to state more definitely or GER
tainly whether said parties claim as heirs,
devisees or as assigns or grantees of the de-
ceased; that he cannot insert herein their
names, because they are unknown to him; that
he cannot describe their interests or claims
any more fully or definitely than herein set
out, for the reason that the above contains
all the information and knowledge which the
plaintiff has or can obtain as to the said
parties, their names or the manner of their
claims, or the extent of the same;
That the unknown heirs, devlsees and as
signs of Luther Chapman, deceased, are
such persons as under the laws of the State
of Missouri would inherit as the next of kin
of said deceased, or are such persons as
may be named as devisees or legatees of the
deceased in the will of deceased, or are such
persons as may have acquired some right,
title or interest or claim of right, title or in
terest as assigns or grantees of the said
Luther Chapman, deceased; that the names
of and number of said unknown heirs, de-
visees and assigns are to this plaintiff un-
known; that the deed records of Iron coun-
ty do not disclose their names or the number
of the said unknown heirs, devisees or as
signs, or the lnterestthat said unknown heirs,
devisees or assigns may claim in and to said
property; that it is impossible for the plain
tiff to further describe the said parties or
their interests, or to state more definitely or
certainly whether said parties claim as heirs,
devisees or as assigns or grantees of the de-
ceased; that he cannot insert herein their
names, because they are unknown to him;
that he cannot describe their interests or
claims any more fully or definitely than here
in set out, for the reason that the above con-
tains all the information and knowledge
which the plaintiff has or can obtain as to the
said parties, their names or the manner Of
their claims, or the extent of the same;
That the unknown hers, devisees and as
signs of Relfe E.. Wingo, deceased, are such
persons as under the laws of the State of
Missouri would inherit as the next of kin of
the said deceased, or are such persons as
may be named as devisees or legatees of the
deceased in the will Of deceased, or are such
persons as may have acquired some right,
title or interest or claim of right, title or in
terest as assigns or grantees OF the said Relfe
E. Wingo, deceased; that the names and
number of said unknown heirs, devisees and
assigns are to the plaintiff unknown; that
the deed records of Iron county do not dis
close their names or the number of the said
unknown heirs, devisees or assigns, or the
interest that said unknown heirs, devisees or
assigns may claim in and to said property;
that it is impossible for the plaintiff to fur
Their describe the said parties or their inter-
ests, or to state more definitely or certainly
whether said parties claim as heirs, devisees
or as assigns or grantees of the deceased;
that he cannot insert herein their names, be-
cause they are unknown to him; that he can
not describe their interests or claims any
more fully or definitely than herein set out,
for the reason that the above contains all
the information and knowledge which the
plaintiff has or can obtain as to the said par
ties, their names or the manner Of their
claims, or the extent of the same.
Plaintiff further alleges that all Of the said
defendants are non-residents of the State of
Missouri, and that the ordinary and custom
airy process of this Court cannot be served on
the defendants in this State.
Plaintiff represents that he has paid the
taxes on said property under a claim of owner
ship for more than ten years, and has had
possession for more thar ten years next be-
fore the filing Of this suit.
The premises considered, the plaintiff prays
the court to try, ascertain and define the
title of the parties plaintiff and defendant in
and to said lands, and by its decree to adj
Judge it to be the owner of the fee simple
title in and to said lands, and that the defend
ants have no right, title and interest in and
to said lands, or any part thereof, and that
they be debarred from hereafter claiming any
right, title and interest in and to said lands or
any part therof, and for such further relief
as he may be entitled to.
tits therefore ordered by the Clerk afore-
said that publication be made, notifying said
defendants that an action has been COM
menced against them by petition in the Circuit
Court of Iron county, in the State of Mis-