The Butler weekly times. (Butler, Mo.) 1881-1918, 1907-12-19


known heirs OF Amanda A. Brswn A. W.
Russell, Alpareita }. Russell. Joshua X.
Russell, executor OF the LAST will and tesla
ment OF MARY Russell and tue unknown heirs
OF Mary Russell, deceased, x. X. kussell,
John Elliott Bats County Loan and Land
Compsnv. j. Butler Rec liver OF the
Eat National Bank, and Amanda \. Brown.
uhving, Defendants.
Order OF Publication,
Now At this day comes the plaintiff herein by
his attorney, Silvers & NilNcrs and Dewitt [.
Chastain, and files his verified petition, alleg-
Ing Amons 0lh,r this Ks that the defendants
Fannie Rarnhatt Benjamin BsTnh+rSs AmsrHa
A BROW IL living, 4. Russell, Al areita
J. RusesI Joshua Il Russell, eNecuiar of the
last will AMI t"stsmrnt OF Msry Russell, ic-
ceased, K. Il aussell jain Elliott and j.
Butler, Receiver OF the hates NATIONAL hank,
are non residents ~ Missouri, AMI that he
Nerily believes there are persons Interested IN
tue subje q; matter Of said p Iition as the heirs
= OF Amanda A. crown, II IL at, and n the heirs
of Mary Russell, who's names cannot &c insert
al IN sad ne,itiun because unknown to plain
tilt. MhereupOn IL ordered by the clerk IN
vacation that said 4, ir''ihnls be notified by
publication thai plaintiff has commenced an
action aga them In this court the object and
genera. hd.Gr ut wt'rh 5 a -vt Oss ~ shlu
petition as ioll0ws:
That Mary Russell at q time h-ld mort
gage AKA nst satd rightly acr :. That said mort
gage has not been properly rrvast Il ot record
That In ta,t said mOrtgase has heru long slEee
aid OF and tina, M clam OF any lntrr' 81 IN or
h,,, against sal land ha. ever be, made for
m r. than luN, ars ,ast pas, uy ald Mary Rus
ali Nh" la ,'hrvu az al oy len years nor by
her h,.. rs or hN the executor of her estate
Sr,sald
That A. W Eussrll and Alparrtta j. Russell
and Joshua r. Russell, rNrcut0s OF the estate
Of MARI Ru-H,ll are non residents OF Missouri,
maj nIniuul verify believes that there are
other persons inter, std IN the >ui ct matter
OF this suit - heir of Mary Rue I'll whose
names can NOT he, m -prt,d In said petition be-
rNus they arr unk noWn To plaintiff.
That of record enc r. r. Russell appear TO
hayra possible clajm at interest In the south
NAH a In. uthw,si uunri, r Of section tween
,y..ryt. Atur.sNil Ms iu1 Ws; That 10y de- u
"a I'd April tEird, lN,sl zee drd a. ,Hg ~ of
hIpL T. Ia ,priNr e" thn recorder IT deeds OF
Ua, $ touut. HHs, .un 's.hrlla McCull ch
and her I'M -hala r.4 ayll sand .hty acres To
Go ". Ru cell a,u X L kUS.rll, that no
l. .i from, n H. Rus, II o, NryMs IA. 4nteTes
lhus aruuirrd appears oi yrs0rd. THAT there is
ADDED huWry. T ul record Al page l5a q, boob -
N lhr Office ui said recorder of deeds dated
JanuarN >lh ISL whereby kosrlla X. Ru .rll
an. George ". Eu7srl curyr all said eighty
A rec That K, L. Russell has not been in pos
session 81 SAID land or "A AIDE any claim there
Ia for M lrr than ten years. Tina r. K. Russell
isaron. resident OF Missouri, That of record
john Elliott apprars 10 have a possible clam OF
,llnt. Z T.. northwest quarter of the southwest
,,uart,ru lection rnly-scven aforesaid, and
ne nurlhcas, quarter ui the southeast quarter
Al ihr south half of the southeast quarter f
section twcnly-eight aforesaid as follow;
That ON La nary 18th, lsjs, said Drlt ndant
,lohn Elliott owned the lsNd last desert ed
That on sad date hy deed rec rdci al page 5tE
of took ID in thr Office of the recorder of leeds
Of Baies Go Mo-, he attempted to convey the
same TO MiltunsT Peters That said deed Is
detective In this that the acknowledgment
which wac tax before the clerk of thu County
Court Of Bureau county, Illinois, does no, ha t.
attached thereto the -ral of said court, That
said Elliott is non resident of Missouri. That
said nj lott has not teen in possession OF aid
land nor made any claim thereto since the mex
ing OF said deed
That On september sid, 1902, the Ba.es COM
,nnk, which wss then a corpora ion organ
.led and a ing bushes under the laws of Wis
sJuri AS a LauN o. ditcouul and d'po-it, owned
the IaLd last above DIES ribbed. That on sald
late by dee recorded at page ~ OF book 10.
IN the ufhct of the recorder of deeds OF bates
county. ~ executed nv +. j. Iygaru, prrsi :
lent of said Bate County Bank, SAID land was
conveyed 10 Tn BATES y, unty Inv s.ment Com
pAny That there appears If record no evl-
ucnce of thu authority ui ii lygurti to M l."
said convr, ance. Ba that the same was rea |
authorized nj ducs'rd In hy the said Hates
County Bank, whrr received goo anu yauH-
be rOnsii ration thrrcf r. ha III Bates
COUNTY Bank was fuccrtGed by the liatss Ma
tonal sank Il corpora on organized under the
laws of the United states rs bank of discount
and epusit Which Bates National Bank sue
cceded TO all the rights and liabilities IF the
Bates County Bank That In s ptcniber 1906,
said Bates National Bank went into liquidation
and the defendant " j. Butler was duly an
legally Amounted Receiver thereof That said
", J butler Receiver o. the Bates National
Bank il nonresident of Missouri.
And In viii h petition plaintin pray 8 that the
court will enquire into he facts an" declare tn"
Interests If the respective rites to said suit in
the land aforesaid And that ii the court lnds
II to be fact that il will uccarp that he plain.
til il seized amt y IS saed of III irdefeasihe
title in fee To all the real estate aforesaid, and
that the Defendants none OF then have or has
ANY interest Ii tie or claim In or any lien against
said land On any part thereof, and for all prop
rr relief
Plaintiff s'a.rs that the Bates Count lnveet
mcnt CuInIau, is q corporation organized I'M
der the laws of Missouri and heretofore doing
busin, s. AZ a loan aad Investment clml any.
That herci tore and ON the md day OF Febru-
ary 1907 the said Bates County Investment
Company made an assignment of all its assets
20 the plaintiff Dewitt {. Chsstan who has
uuali1pt as such and in the capacity of such as
signer the plaintiff brings this suit
that prior to the assignment Aforesaid the
said Bates County Investment Company was
the osner and in possession Of the following
land in Bates County, Missouri to. wit:
The esst twenty Gye acres of the northwest
quarter of the southeast quarter o. 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 AM the south half of the
southwest uuar,er of section twenty seven,
and the northwest quarter of the southwest
nuartrr Of scrtion turnty-srven all in toWn-
shin thirty nine. range thirty-two. That said
land, toy, ther with the other ass is and prop
ertv of n. said Rates Comfy Inyps ment Com
many was assigned 10 the nlaintir IN the as
signment aforesaid: and that the plaintiIr De-
vIttC Chasta n assignee of tina bates County
lnyestment Company now owns and is in nos
session of said land That plaintiG and those