Mexico weekly ledger., 1908-08-13
ORDER Or PUBLICATION
State Of Missouri. County
Of AudPaln.
In the Circuit Court, September
Term, 1908.

Geo. B. Rollins, Curtis B. Rollins,
Flora r. Gray, E L. Rollins, 1. D
Bockaday, Mary r Overall, Ula-
lie Fl. Sneed, H. b. Rollins, Ulalie
B. Rollins, Mary r. Schore,
Rollins M. Hockadsy, the Un-
known Heirs of James d. Fenton,
Deceased, the Unknown Heirs OF
James e Fenton, Deceased, and
the Unknown Heirs Of Mary A.
Ballard, Deceased Defendants
Now this August 18th, 1908, comes
plaintiff and files with the Clerk OF
che Audrain County Circuit Court, In
vacation, his petition wherein among |
other things, plaintiff alleges;
That he Is the owner and holder of |
the title and 10 possession Of |
the following real estate, situated In |
Audrain County, Missouri, to-wit:
All Of Block No. I In the Donated |
Addition to the City Of Mexico, Au-
drain County, Missouri; also known
as the County Addition Of said city,
the same being lots Nos. L, 2, 3, 4, 5,
6, I and In said Block I, and plaintiff
states that the defendant Ulalia II.
Sneed, ii. b. Rollins, Ulalie b. R0l-
Inns and Mary r. Schore are non-resi-
dents of the State OF Missouri and
that the said James d. Fenton, James
E. Fenton and Mary A, Ballard, are
dead and their heirs are unknown to
this plaintiff and the residences of
said heirs are unknown to him.
| And plaintiff further states that he
| is the owner and in the lawful posses
sion Of said land aud the same might
be claimed by the defendants herein
or some Of them. That the equitable
and legal title to said land eminated
/ from the Government OF the United
States more than ten years prior to
this date, to.wit, September, 1888, and
that the title to said land has vested
| in this plaintiff by limitations under
the Provisions OF Sec. 4258, Chapter
48 OF the Revised Statutes Of Missouri
| for 1899; and the plaintiff and those
under whom he claims have been In
| the lawful, actual, open, notorious,
continuous and adverse possession OF
said land, claiming said land as his
own and the title thereto, for more
than thirty-one consecutive years last
past before the filing Of this petition;
that plaintiff, and those under whom
he claims, have paid all the taxes on
said land for more than 81 consecu-
tive years next before the filing OF
this petition, and that none Of the
defendants have been In the posses
sion of said land for more than 81
years last past and that the defen-
dant, nor any OF them, nor anyone
Claiming under them, or who might
claim under them, have paid any
taxes on said land during the last 81
years before the filing of this petition;
that said defendants nor anyone who
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
Iclalmed said land or the possession of
the same during said time.
And plaintiff further states that he
verify believes that there are persons
who might claim said real estate
named In this petition or an interest
lin the same as heirs of said James ID.
Fenton, James e FentonE0r Mary A.
Ballard, deceased, or by, through or
under them, whose names he cannot
insert herein, because they are un-
unknown to the plaintiff and whose
interests he cannot describe because
such interests are unknown to him,
but as far as his knowledge extends,
the interests, IL any, are derived as
heirs Of said James ID. Fenton, James
e. Fenton or Mary A. Ballard, de-
ceased; that said James ID. Eenton
land James e. Fenton died many years
Iago and the names Of their heirs and
their interests in said land are un-
known to this plaintiff. That said
Mary A. Ballard loaned 5000 on said
land March 1st, 1888, secured by deed
of trust recorded in Book 3, Page 527
Recorders office Of Audrain County,
Mo-, payable one year after date; that
said note has been paid Off in full In
the year 1889, but that said deed OF
trust has not been satisfied on the
record and that said Mary A. Ballard
lis now dead and her heirs are un-
known to this plaintiff.
And plaintiff states that James
s, Rollins, now deceased, on the 10th
day OF October, 1887, claimed an in
terest In said land and that he 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, e. T. Rollins, /. o. Hocka-
day, Mary R. Overall, ulalie II; Sneed,
H. b. Rollins, Ulalie B. Rol-
: Inns, Mary r.. Schore and Rol.
lins M. H0ckaday, who are all OF
his heirs. That said James s. Rollins
claimed title to said land under one
Jas. d. FentOn, but neither said Jas,S.
Rollins nor bis 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 80
consecutive years.
!, 1t is therefore ordered by the Clerk
: of the Audrain County Circuit Court,
, In vacation, that publication be made
,, herein notifying the said non resi-
dent defendants Ulalie H. Sneed, III.
r B. Rollins, Ulalie b. Rollins and Mary
+ B, Schore, and the Unknown Heirs OF
4 James d. FenJon, deceased, and the
Unknown Heirs OF James e. Fenton,
deceased, and the unknown heirs Of
8 Mary A, Ballard, deceased, Of the
/ filing of plaintiffs petition herein.
al And now you said nonresident de
PENDANTS, and unknown heirs, af0re
said, are hereby notified OF the filing
Of this suit, the object and genera
mature of which is to obtain decree
!. of said Audrain County Circuit Courl
ladjudgiug said deed OF trust given tC
said Mary A. Ballard as recorded IL
: said Book at page 527 Recorder.
L Office of said county, paid and salts
!, fed and to adjudge plaintiffs title ant
interest In the lands hereinbefore de
. ecribed, perfected and veSting In
e plaintiff all the rights, title, CLAIM
1 and interest of all defendants hereiT
q In said land, and that defendants bI
forever barred from claiming an
title or interest in said lands adverse
lor superior to plaintiff, and for sucl
other orders as may be just; and nov
a unless you said non-residentS, and un
known heirs aforesaid, be and appea
In the Circuit Court of Audrain Ooun
ty, Missouri, at the next regular tern
I thereof, to be begun and held at tn
Court House in the City Of Mexico
l. Audrain County, Missouri, on the 3rt
2 Monday In September, 1908, and on o
o before the first day of said term an
9 swer or otherwise plead to plaintiff
petition the same will be taken a
confessed and decree rendered a
prayed.
And it is further ordered that
e copy hereof be published in the Mex
= leo, Missouri, Ledger, weekly news
. paper published In Mexico, Audrai
q county, Missouri, for four weeks SUE
cessively, the last insertion to be a
least Is days before the first day Q
said next term OF said Court.
Il A trua couv from the record