Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1908-12-10
Order of Publication
State OF Missouri In the Circuit Court
County OF Audrain Jan. term A.D. 1909.
James Il. Brown Plaintiff

vs..
The Unknown heirs and de-
visees Of Demarcus l.. Pol
lard, deceased, and the I'M
known assigns ofC.F Sames.
deceascd,o or those claiming by,
thruoghor under them or eth
or OF them, Defendants.
Now this November lIth. 1908, comes
Plaintiff and files with the Clerk OF this
the Audrain County Circuit Court, In va
cation, his petition duly verified by plain
TIL, wherein among other things, Plain
TIL alleges, that on or about January
18th, 1886 the United States OF America
issued its letters patent, whereby II gave
and granted to Que Noah Flood aud his
heirs the following described tract Of
land IN Audrain County, Missouri, to-
wit. The East one half 90 Of the North
east quarter ~ OF Section One %, Town
ship Fifty-two t5'l, Range Twelve U9J
that thereafter the said Noah Flood con-
yeyed said tract OF land 10 Joseph Flood
aud by successive conveyances from said
Joseph Flood said tract OF land was con-
veyed TO one Demarcus l.. Pollard; aud
plaintiff further states that on or about
the 18th day OF April 1857 che United
States Of America issued It's letters pa
tent whereby II gave and granted unto
one James L. Smith and his heirs the fol-
lowing described tract OF land In Audrain
County, Missouri, to-wlt: The West one
half Of the Northeast quarter % OF
Section One () Township Flity-two,
Range l2; and that thereafter said james
L. Smith conveyed said land to Alexan-
der j. Turner who conveyed same To said
Demarcus L. Pollard: and that thereaf-
Ter and more than 30 years prior to the
Institution Of this suit Demarcus l.. Pol
lard departed this life without ever hav-
ing conveyed said tracts OF land. but
whether or not said Demarcus l., Pollard
died testste or intestate plaintiff does
not know, hut as plaintiff verify believes
he left surviving him divers persons as
| heirs or devisees whose names and places
OF residence are wholly unknown 10
/ plaintiff and for that reason cannot be
inserted herein; and that said unknown
heirs appear To be owners OF said land and
as such TO be interested therein, and that
plaintiff cannot more fully describe the
interest Of said persons, save and except
as apparent owners by inheritance or de-
wise from said Demarcus l.. Pollard.
/ And Plaintiff further states that at one
time, NJ. NJ. Jesse, who claimed 10 be tho
owner Of the Northeast quarter ~ Of
the North east quarter ~ OF Section
One tp. Township Fifty a?i, Range
Twelve u2) Audrain County, Mo, and
..f, 81. h. 4, d =
ecuted a Mortgage Deed TO one c. +, ,Samcs
70 secure the payment OF a note Tor $50,
due April 10Th. 1866, with 10 per cent in
terest, said Mortgogc Deed Is recorded In
Book G page ll3 land records OF Audraln
Co; and that the same remains unsat-
i~hod ~ frecOrd. but said debt Is long since
barred 10y the Statues Of Limitation. And
that thereafter said NJ. NJ. Jesse convey.
ed said land to c. r. Sames by Warranty
Deed, aud 4. +. Sames conveyed same TO
this plaintiff by Warranty Deed: that
thereafter said {. +. Sames died intestate
but whether he had assigned said mort
gage aud the debt secured thereby prior TO
the making Of the Warranty Deed afore-
said plaintiff has no knOwlcdge;a ;an that II
said Mortgage and debt secured thereby
were assigned, plaintiff has no knowledge
OF the names aud places Of residence OF
said assigns aud for that treason,cannot,i
sert same herein, and that the interest, II
any they have. Is derived by assignment
from said c. +. Sames, deceased. Aud
Plaintiff alleges that through successive
conyeyanees from persons Ia possession
Of the aforesaid tracts Of land claiming
TO own the same he has acquired the title
thereto and that he and those under
whom he claims title have been for more
that % years last past In the actual, con-
tinuous, open, notorious aud exclusive
possession thereof, claiming To own the
same. and paying all taxes thereon, and
that none OF defendants have within the
last 90 years been IN possession or paid
any taxes on said land, whereby plaintiff
has become the owner by adverse possess
sion.
Its therefore ordered by the Clerk of
the Audrain County Circuit Court, la va
cation, that publication be- made berein
notifying the said unknown heirs aud
deyisees ot Demarcus l.. Pollard. deceased
and the unknown assigns OF q. +, SAmes.
deceased, or those claiming by, through
OF under them or either OF them OF the
tling Of this suit.
= Aud now You said defendants, are here
by notified of the mmeucement OF said
: suit. the object and general nature OF
which Is 20 obtain a decree 0f said Au-
drain County Circult Court diyestlng the
| title out OF said defendants aud declaring
that plaintiff has the title 10 said tracts
: Of land by Limitation, under the proyis-
lOns Ot the statues; aud now unless you
said Unknown heirs and devlsees Os De.
marcus l.. Pollard, deceased. aud you
= said Unknown assigns OF &. 4. Sames de-
ceased, or those claiming by, through OF
q under them or either OF them, be aud APP
pear In the Audraln County Circuit CourI
' at the next regular term thereof, 70 be
n begun aud held at the Court House la the
City OF Mexico, Audrain County, Missouri
y on the third Monday la January la09
a and ON or helOTa the lst dAY OF said tern