The Butler weekly times. (Butler, Mo.) 1881-1918, 1908-07-23
Order Of Publication.
STATE OF MISSOURI, s.
County Of Rates.

STATE OF MISSOURI s
County OF Bates.
In the Circuit Court, october Term. 1905. In
Vacation July LIST. lsS
W. ". Gooch. Plaintiff,
VS..
William Riley Hunt ~ living, The EaSaown
heirs Of will IN R'ey Hunt, tfdesd, srshcls
Marion HUT IL living ami his unknown
heirs, IL dead, Marun hun'; .,, a1s'
Uunt. IL liking, and his unknown heirs II
dead. Humphrey Hunt. il living, and mis- an.
Known heirs, ifdead, Hamilton Burris, II
living, ami his unknown heirs. II aes,,
heirs, II dead. Prudence Lsckey; II nv,as,
and her unknown heirs, IL dead, Eseter SIC
ridge IL living and her unknown heirs, II
dead. william BaTris, Il living. and ms uh,
living, AMI his unknown heirs: II dead,
Thomas Burris II living, and his IN
known heirs, II dead, Jackson barris'
II living and his unknown heirs, u desu
The Unknown heirs OF Nancy Hunt, The IN
known heirs OF Margaret McCora, Lyman T.
Frakes and Jullana. his wife, II living, snu
their unknown heirs, III dead. joel j. LeskeY'
ifllv'ng, and his unknown heirs. " iesu,
The unknown heirs OF A. Comngo anu WIN
lam Page, Defendants.
Now at this day Gomez the plaintiff herein, oy
his attorney, Thos j smith, anu hlts hls neN-
ton duly verified by plaintiff amdsvit, sies,
ing among other things that tne nsai anu
", Missouri described as tue
East half OF the southwest quarter
and southeast quarter OF the north
west quarter. both In section TWEEN
ty-eight t2sl. township torty.two
(t2l, rsngA twenty nine ss), In Bates
County, Missouri,
emsnatpd from the general government more
than th,r,y.ave years hitherto. That PLAINTIFF
In fact owns and has the legal title thereto anu
that he and those under whom ne Claims tnis
title have been in the open, CONTINUOUS, au-
verse and exclusive posses ion thereof Tor more
than thirty. Ave " ars last past, during which
time none OF the defendants, or any one under
whom they could claim title thereto. have been
in the possession thereof nor paid any taxes as
sessed against the same,
And on information and belief the plaintin IN
his petition states that ihe several defendants
above named. whose unknown heirs are a'eo
Joined as parties defendant, are dead, anu That
IN, names Of their respective he RS are un.
known and for that reason cannot De inserted
in the petition, bur because he cannot state the
fact OF such deaths definitely and certain, ne
plrads In the alternative as to SAID aeiehuahts
and their heirss and states further tnst ssiu
named defendants, including William rage, II
living, are noa, residents Of the state OF Mis-
souri,,
matter of this petition was derived by lnherlt-
ance from their respective parents as named
and that such interest consists only IN the fac'
that the plaintiff record title o said above
described real estate is imperfect because OF
the following defects, to-wtt'
Thomas Buriis Sr. had the legal title al me
time of hls death In the year l41 to an undiyld-
I'd on4-half interest in the southeast quarter OF
the northwes, quarter above described ieav'
ing said estate, subject TO tie life estate OF Ms
widow, in equal parts 81 his ten children, TO-
wit; Isabella Blythe, Prudence Lsckey, Eaetei
III fridge, William Burris ELIAS Burris, Ham
zion Burris, Thomas Rurrls Jackson Burrs
Nancy Hunt and Margaret McCora, That sale
Nancy Hunt afterwards died. leaving her hus'
band, Humphrey Hunt and William RILEY
Hunt, Francjs Marion Hunt, Martin V. Hun
and Madison NJ. Hunt as her children.
That said Humphrey Hunt, Martin V. Hun
and Madison NJ. Hunt on November %, 1850
!. undertook to convey their interest In said rea
clsims title which deed Is of record in the Of
nee of the Recorder OF Deeds In Bates county
Missouri, In book CO. at page lii, but which
said deed Is insufficient on account OF Informal
ity OF des srption Of interest conveyed, TO con
vey the interest oil ssid parties In AMI TO sail
real estate That said Hamilton Burris b.
deed OF same dat aud recorded In same bool
AT page ZIG under iook to convey ms interest," u
said rea, estate TO the 8 I'D Joel W. Scare bu
which deed Is also for the sam reason insumi
cent to convey the proper Il lie.
That Lyman Z. Frskes and his WIFE Juliana
by deed OF same date and recorded IN the sam
book at p ge ia. undertook 10 convex their In
terest In said real estate, but which said dee
~~--'~
That Joel J Leakey lie shown By the record
of she Recorders Office of Bait scounty, Mil
souri, TO have entered the southeast quarter {
the southwest quarter of said section In th
Year 1854 AMI is not shown to have ever th"rt
after reinQushet his interest. And thai there
after on March |. 1870 said real estate wa
patented by the Government OF the Unite
States to esther +. Murrey, under whom plain
tin claims title, which said enirg as II appear
OF record in said county, plaintiff on inf I'm;
ton Ind billet states In his pc ition TO have bee
an error, but being prior entry constitutes
incumbranc, or cloud upon the piaintln titl
~ Piaintif further states tx said petition hs
whatever interest, If any, said Leakey gull
ed to said real estate was by the sheriff OF Bate
county, Missouri, under execution issued On
Judgment OF the circuit court OF said county 0
October 30, lsGS, sold to A. CumiDgo who
since died and to whom deed was made b
said sheriff at coided in the office of tn
Recorder of Deeds of said county in book 80
at page 40
Ihc plaintiff states that he has set forth q
above the interests OF the several unknow
parties In and TO the subject mater Of this &C
ton as definitely as can be done by him
Whereupon it Ia ordered by the clerk OF thi
court in vacation that defendants be notified b
publication that plaintiff has commenced sui
against them in this court, the object and gen
eral nature OF which are to have the interest
of the several parties in this action in and ,
and asking that the defendants and each Z
tn m be Invested of all real and apparent inter
est in, and title to said real estate and ths
the same be vested in the plaintiff and ths
plaintiff as against the defendants and each {
them be decreed to have the fee simple title
said real estate and every part thereof.
And that unless the said defendants be an
appear In this court at the next term thereof
b. begun and holden at the caurt house in tn
city of Butler In said county on the first Mon
day in October, 1908 and on or before the 1rs
day of said term, answer or plea1 to the pet
tion in said cause the same Will be taken as cor
fessed and judgment rendered accordingly.
Ii is further ordered that q copy hereof ;
published according to law In The Butte
WEEKLY TINES, q newspaper published In sal
county Of Bates for four weeks successfully
published at least once week, the last inset
ton to be at least thirty days before the hr
day OF said next October term 1908 OF this cour
T. ID. EMBREE, City Clerk.
A true copy from the record. Witness m
IsEALl hand and seal Of the Circuit Court
Bates county, this llth day Of Jul,
1903. T. ID EMBREE,
39-,t Circuit Clerk