Mexico weekly ledger., 1908-08-27

B. Rollins, Mary r. sCha.0
Rollins N. Hockaday, the III
known Heirs Of James d. Feu,o.
Deceased, the Unknown Herr ~
james e Fenton, Deceased ana
the Unknown Heirs Of Marv A
Ballard, Deceased Ds,.n
Now this August 18th, 1893 S
plaintiff and hles with the ZONES
the Audrain County Circuit ooHe.kd
vacation, his petition WHEREAS LN 10
other things, plaintiff alleges. sulong
That he is the owner and hnlda.
the title and in possessinn VI
the following real estate. sitnS,a. o.
AudFain County, Missouri. toegys'u 10
All Of Block No. I In the ny.
Addition 10 the City Of Mex,oau ated
drain County, Missouri; also En1 au,
as the County Addition OF said u Ivy
the same being lots Nos. /, IVY
g, 7 and ) In said Block I, and nlsi 1,S
states that the defendant Uist,au
Sneed, II. b Rollins, Ulalie Il pn
Inns and Mary r. Schore are nnr nO'
dents OF the State OF MiSsonri sal
that the said James ID. Fenton ana
K. Fent0n and Mary A. BALLAD ae
dead and their heirs are Qpknnwn ae
this plaintiff and the resIdencesu y
said heirs are unknown to him VI
And plaintiff further states that h.
ie the owner and In the lawful nosaa y
sion OF said Land and the same mIsS.
be claimed by the defendants hessIIss
or some OF them. That the eonitsShal
and legal title to said land eminstass
from the Government OF the Unisss
States more than ten years prio, ~
this date, t0-wit, September, 1s3S ~
that the title to said land has vastaS
10 this plaintiff by limitations ma.
the Provisions OF Sec. 426S. Chan,e'
as Of the Revised Statutes of Nissan,
for 1899; and the plaintiff and tbosa
under whom he claims have been IN
the lawful, actual, open, notorions
continuous and adverse possession ~
said land, claiming said land as bjs
own and the title thereto, for mors
than t~hirty-one consecutive years lsst
past before the fling of this petition.
that plaintiff, and those under whom
he claims. have paid all the taxes m
said land for more than 81 cOnsecn.
tive years next before the filing If
this petition, and that none OF The
defendants have been in the posses.
sion OF said land for more than ii
years last past and that the deien.
danL, nor any OF them, nor anyone
claiming under them, or who might
claim under them, have paid AM
taxes on said land during the last 81
years before the filing Of this petition.
that said defendants nor anyone Wh0
might claim said land, have not, with.
In one year after the first year OF said
81 years above mentined, brought any
action to recover said lands or have
claimed said land or the possession Of
the same during said time
And plaintiff further states that be
verify believes that there are persons
who might claim said real estate
named IN this petition or an interest
Ia the same as heirs OF said James D,
Fenton, James Il Fenton1or Mary A.
Ballard, deceased, or by, through or
under them, whose names be cannot
insert herein, because they are un.
UNKNOWN 10 the plaintiff and whose
interests be cannot describe because
such interests are unknown to him,
but as far as his knowledge extends,
the interests, II any. are derived as
heirs OF said james u Eenton, James
II. Fenton or Mary A. Ballard, de.
ceased; that said James d. BENTON
and James II. Fenton died many years
ago and the names OF their heirs and
their interests In said land are uu.
known to this plaintiff. That said
Mary A. Ballard loaned $500 on said
land March LIST, 1883, secured by deed
OF trust recorded In Book 8, Page 521,
Recorders Office OF Audrain County,
Mo, payable M year after date; that
said note has been paid OIL 10 full In
the year 1889, but that said deed Of
trust has not been satisfied on the
record and that said Mary A. Ballard
Is now dead and her heirs are IN.
known TO this plaintiff.
And plaintiff states that James
s. Rollins, now deceased, on the 10th
day OF October, 1887, claimed an 10.
terest In said land and that be died
on the 9th day OF January, 1888, and
left surviving him as his only heirS
the above named defendants, George
b. Rollins, Curtis b. Rollins, Flora
R. Gray, &. T.. Rollins, l.. 0. HOcka'
day, Mary r. Overall, Ulalie II. Sneed,
III. B. Rollins, Ulalie B ROl.
Inns, Mary r. Schore and ROl.
Inns NJ. Hockaday, who are all Of
his heirs. That said James S. Rollins
claimed title to said land under one
Jas, ID. Fenton, but neither said Jas,S'
Rollins no his said heirs, have been
In possession Of said land or paid any
taxes on the same or asserted any
claim to said land during the last 81
consecutive years.
1t Is therefore ordered by the CLERK
Of the hudrain County Circuit Court
In vacation, that publication be made
herein notifying the said non : resi-
dent defendants UlaIie H. Sneed, b.
b. Rollins, Ulalie B. Rollins and Mary
b. Schore, and the Unknown Heirs oil
James ID. FeDton, deceased, and the
Unknown Heirs OF James e. BentOD,
deceased, and the unknown belrS OIL
Mary A. Ballard, deceased, OF the
filing Of plaintiff petition herein
And now you said nonresident de'
PENDANTS, and unknown heirs, atoFe'
said, are hereby notified Of the filing
OF this suit, the object and general
nature of which is to obtain a decree
Of said Audrain County Circuit Courl
adjudging said deed OF trust given U
said Mary A. Ballard as recorded 10
said Book 3 at page 527 Recorders
Ofice Of said county, paid and salts
nee, and to adjudge plaintiffs title anc
interest In the lands ~hereinbefore oe
scrlbed, perfected and vesting 10
plaintiff all the rights, title, claim
and interest OF all defendants herein
Ia said land, and that defendants 0t
forever barred from claiming any
title or interest In said lands adverse
or superior to plaintiff, and for sucI
other orders as may be just; and nov
unless you said non-residents, and I'd
known heirs aforesaid, be and appeal
In the Circuit Court OF Audraln Coun
ty, Missouri, at the next regular tern
thereof, to be begun and held at tl'
Court House In the City OF Mexico
Audfain County, Missouri, on the jft
Monday In September, 1908, and on O
before che first day OF said term an
sWer OF otherwise plead to plaintln
petition the same will be taken a
confessed and decree rendered a
prayed.
And 1t Is further ordered that
copy hereof be published In the MeA
lco, Weekly Ledger, a weekly news
paper published Ia Mexico, AudTalI
county, Missouri, for four weeks sue
cesslvely, the last insertion to be q
least 10 days before the first day 0
said next term of said Court.
a true copy from the record.
Attest: W. FL. MORRIS,
lSeall Clerk Circuit Court,
Fry 8 Rodgers, Attorneys for tn'
Plaintiffs. 23-3t