Mexico weekly ledger., 1908-09-03

Rollins NJ. Hockaday, the Tn
known Heirs OF James d. Fenton
Deceased, the Unknown Herr :,
james Y, Fenton, Deceased srs
the Unknown Heirs OF Marv A
Ballard, Deceased Defsns
Now this August 18th, loos A
plaintiff and files with the Gums
the Audrain County Circuit cSIetk
vacation, bis petition wherein 70
other things, plaintiff alleges: uuus
That he is the owner and hoIao.
the title ana In possesSicn y
the following real estate, sItnStaa y
Audrain County, Missouri, to-~st' 10
All OF Block No. 7 in the Dnn.,.,
Addition TO the City OF MexIcn
drain County, Missouri; alSo Az,
as the County Addition OF said 1uJsn
the same being lots Nos. l, 231
8, and ) In said Block I, and plants
states that the defendant UIai,s
5need, ii. b Rollins, Ulalie Il D a
Inns and Mary r. SchOre are non NV no'
dents OF the State Of Missouri sss
that the said James d. Benton i,Munui
Il. Fenton and Mary A, BaIIara y
dead and their heirs are unknnwr 1e
this plaintiff and the Residence Y
said heirs are unknown TO him. VI
And plaintiff further states that h.
Is the owner and In the lawful poSsss y
sion OF said land and the same mi1S,
be claimed by the defendants hssaIs
| or some OF them. That the eonitsSa.
and legal title to said land emlns,ss
from the Government OF the UnitsS
States more than ten years prior "a
this date, t0-wit, September, 1S3S ana
that the title to said land has ye,tsS
10 this plaintiff by limitations undS,
the Provisions OF Sec. 426S, Chauts,
As Of the Revised Statutes Of MiSsnns
for 1899; and the plaintiff and tbHss
under whom he claims have been h
the lawful, actual, open, notorlous
continuous and adverse possession N
said land, claiming said land as hi,
own and the title thereto, for mora
than thirty-one consecutive yearS lsst
past before the filing OF this petition
that plaintiff, and those under Whom
he claims, have paid all the taxes IN
said land for more than 81 cousecp.
tive years next before the filing al
this petition, and that none Of IN
defendants have been In the posses
sion Of said land for more than n
years last past ard that the deien
dant, nor any of them, nor anJons
claiming under them, or who might
claim under them, have paid am
taxes on said land during the last ii
years before the filing of this petition.
that said defendants nor anyone Wbo
might claim said land, have not, with.
In one year after the first year Of said
81 years above mentined, brought sDy
action to recover said lands or hays
claimed said land or the possession 81
the same during said time.
And plaintiff further states that be
verify believes that there are person.
who might claim said real estate
named In this petition or an Interest
In the same as heirs Of said james D.
Fenton, James E FentonIor Mary A.
Ballard, deceased, or by, through On
under them, whose names be cannOt
insert herein, because they are 20.
unknown to the plaintiff and who's
interests be cannot describe because
such interests are unknown TO bin,
bat as far as his knowledge extends
the interests, II any, are derived Is
heirs OF said James ID. Bent0n, jams
E. Fent0n or Mary A. Bdllar1, De.
ceased; that said James b. Bentn
and James II. Fenton died many year.
laun and tho 0aUoao 40 THAT haire and
their interests In said land are un
known 10 this plaintiff. That sait
Mary A. Ballard loaned 600 On said
land March LIST, 1883, secured by deed
A OF trust recorded in Book 3, Page 5gi
, Recorders Ufice OF Audrain County
Mo, payable one year after date; thaI
said note has been paid of In full ID
she year 1889, but that said deed d
q trust has not been Statistic on tbl
/ record and that said Mary A, Ballard
is now dead and her heirs are IN
known TO this plaintiff.
And plaintitf states that jane
It's. Rollins, now deceased, on the lOtl
day OF October, 1887, claimed an 10
, terest In said land and that be dle(
9 on the 9th day OF January, 1855, ant
9 left surviving him as his only helm
the above named defendants, GeOigI
b. Rollins, Curtis B. Rollins, FlOri
: 3. Gray, e. It. Rollins, |. Q. HOcEa
6 day, Mary r. Overall, Ulalie H. Sneed
III. B. Rollins, Ulalie B Rol
Inns, Mary &. Schore and Rol
Inns M. HOckaday, who are all q
his heirs. That said James S. ROlllnl
lclaimed title to said land under Oll
2 Jas. ID. FentOn, but neither said JaSS
Rollins mo- his said heirs, have 0eeI
In possession of said land or PAID snl
0 taxes on the same or asserted any
claim to said land during the last y
consecutive years.
81 1t is therefore ordered by the ger
h Of the hudrain County Circuit Ooail
Ia vacation, that publication be mao
herein notifying the said non reS1
dent defendants Ulalle h. Sneeol ~
B. Rollins, Ulalie b. Rollins and Mar
B. Schore, and the Unknown HeliS y
( James d. Fenton, deceased, ana ~
Unknown Heirs Of James E. FentO1
deceased, and the unknown helIS y
o Mary A, Ballard, deceased, Of w
a filing Of plaintiff s petition herein
A And now you said nonresident y
PENDANTS, and unknown heirs, alVi1
said, are hereby notified OF the nllnl
Of this suit, the object and genera
nature Of which is to obtain a qecl9
Of said Audrain County Circuit oout
: a1judging said deed Of trust gwen !
|, said Mary A. Ballard as recorded \
said Book 3 at page 521 Recorder
Ofice OF said county, paid ana Sa.I,
iceland TO adjudge plaintiffs title snl
interest in the lands ~hereln6el0le y \
scribed, perfected and yeStlng .
!. plaintiff all the rights, title, ClAll
, and interest OF all defendants heieH
In said land, and that detenoants !
forever barred from Claiming su
title or interest In said LANDS auvsl'
or superior to plaintiff, and lOf suV
other orders as may be Just; ana W.
unless you said non-residents, anu "
known heirs aforesaid, be and aPPu,
Ia the Circuit Court OF Audraln wv,
ty, Missouri, at the next regular 'V u
thereof, 20 be begun and held az ~
Court House In the City OF meA y,
Audrain County, Missouri on sne .,
Monday in September, 1908, ana On =,
before the first day Of said telm e q
swer or otherwise plead to plaluv'I
I petition the same will be tsSen
confessed and decree rendered.
prayed. A.,
N And it Is further ordered, tnsY
! copy hereof be published In the Wy
leo, Weekly Ledger, q weekly lT rs
paper published In Mexico, AuuiS
county, Missouri, for four weeks 81
cessively, the last insertion 70 ne
least Is days before the trst u3'
I said next term OF said Court.
! A true copy from the record, 70
Z Attest: w. Fl, MOhhloi,
: [Seall Clerk Circuit COurt,
Erp e Rndnara ALtnrneYs IOI "