The Butler weekly times. (Butler, Mo.) 1881-1918, 1908-01-02
Order OF Publication.

In the Circuit Court of Bates County, Missouri,
February term. llns. ,-
STATE OF MISSOURI SIS In vacation DE-, de-;
Dewitt & Chssiain, Assignee Of the Bates
County live tment Company. Plsiprn,
versus
Fam g Bsrnha I, BENJAMIN Barnhart, the un-
known heirs OF Amanda A. Brwn A. w..
Russell, Alparetta J, Russell Joshua X.
Russell, executor Of the last will and tesla
ment oil Mary Russell and the unknown heirs
of Mary Russell, deceased, Il r. Russell,
John Elliott Bates County Loan and Land
Company, W. J. Butler Receiver OF the
Bates National Bank, and Amanda A. Brown,
IL liviDg, Defendants.
Order of Publication,
Now at this day comes the plaintiff herein by
his attorn,y, Silvers 4 Silvers and Dewitt C.
Chastain and nles his verified petition, alleg-
ing among other thi"gs that the defendants
Fannie Barnhart benjamin Barnhsrt, Amanda
A. Brown, If living, A, W Russell, Al, aretta
j. Russell Joshua r Russell, executor OF the
last will and testament of Mary Russell, de-
ceased, K. X RUSSELL John Elliott and W j.
Butler, Receiver OF the Bates National Bank
are non residents OF Missouri, and that he
verily believes there are persons interested in
the subject matter of said petition az the heirs
Of Amanda A. Brown, If d adj and nc the heirs
of Mary Russell, who's names cannot &c insert.
ed In said pe'ition because unknown 10 plain
tiff. WhereupOn il Is ordefedA by the clerk in
vacation that said defendant sN be notified by
publication that plaintiff has Gomnehced an
action aga INST them In this court the object and
general natur' OF which is as set out In said
petition as follows:
That Mary Russell q: ore time held mort
gage aga INST said eighty acres. That said mort.
gage has not been properly released of record
That In fact said mortgage has been long since
aid of and that no claim Of any interest in or
| lien against said land has ever be, n made for
| more than 10 years last past 10y aid Mary Rus
sell, who has been dead OVER ten years, nor by
any of her heirs or by the executor of her estate
Aforesaid.
That A. W. Russell and AlpsretaJ j. Russell
and Joshua r. Russell, executor of the estate
| of Mary Russell are non-residents OF Missouri
| That plaintiff verify believes that there are
other persons interested in the gu, ct matter
| Of this suit as heirs of Mary Russell whose
names can not be inserted in said petition be-
cause they are unknown to plaintiC.
That Of record one X. X. Bussell appears &c
have a possible claim of interest In the south
| half the southwest quarter of section TWEEN.
ty-seven aforesaid as follows: That Ivy deed
| dated April third, lo6g, recorded at page ISL o.
| book in the Office of the recorder of deeds o.
Bates County, Missouri, Isabella McCullccf
| and her husband conveyed said eighty acres t
| Geo. W. Russell and X II Russell. That M
| deed from X. X. Russ II conveying the interes
thus acquired appears of record. That there II
| q deed however Of record at page l55 of book s.
In the Office Of said recorder of deeds dated
January sth 1881, whereby Rosella X. Ru-sel
| and George W. Russell conye' all said eight,
acres. That r. r. Russell has not been in pos
session of said land or made any claim there
| to for more than ten years. That X. X. Russell
is nonresident OF Missouri. That of recort
John Elliott appears to have possible claim o
| title to the northwest quarter of the southwest
quarter OF section t~ enty seven aforesaid, ant
| the northeast quarter Of the southeast quarter
and the south half of the southeast quarter o.
section twenty-eigh. aforesaid, as follows
That on ,,, Jauuary 18th, 1858, said Defendan
That on said date by deed recorded at page 90
Of book d in the office of the recorder OF deed
Of Bates Co Mo-, he attempted to convey tn
same to Milton 7. Peters. That said deed i
defective In this that the acknowledgment
which was take before the clerk Of the Count.
Court Of Bureau county, Illinois, does not hav
attached thereto the seal Of said court. Ths
| said Elliott 10 q non resident Of Missouri. Tina
said Elliott has not been In possession of 6 ai(
land nor made any claim thereto since the max
ing OF said deed.
That on September 3rd, 1902, the Bates Coun
ty Bank, which was then q corporation organ
lied and doing business under the laws Of Mis
souri, as bank OF discount and deposit, ownet
the land last above described. That on sail
date, by deed recorded at page z72 OF book 10
lin the ONCE Of the recorder Of deeds Of Bate
county, NO., executed by +. j. Tygard, presi
dent OF said Bates County Bank, said land wa
conveyed TO the Bates County Investment Com
dence OF the authority OF ssid Tygsrd to max
said conveyance. Bnt that the same was reall,
authorized snd quiesced In by the said Bate
County Bank, which received good and yalua
BILE consideration therefor. That the Bate
County Bank was succeeded by the Bates Ma
, tional Bank, corporation organized under th
laws OF the United states as q bank Of dlscoun
snd deposit. Which Bates National Bank sue
ceeded to oil the rights and liabilities Of tn
: Bates County Bank. That In September 1905
, said Bates National Bank went into liquidatio
, and the defendant w j. Butler was duly an
legally appointed Receiver thereof That cal
VI. ]. Buffer, Receiver OF the Bates Nations
Bank lie nonresident Of Missouri
And In which petition plaintiff prsys that tn
ootfft will enquire into the facts and declare tn
interests Of the respective parties to said suit
the land Aforesaid And that IL the court find
Il to be fact that II will declare that the plain
til is seized and possessed OF an indefeasibl
title in fee 10 all the real estate aforesaid an
that the defendants none Of them have or he
any interest title or claim In or any lien sgsint
said land Oh any part thereof, and for all prop
er relief.
Plaintiff states that the Bates County hives,
ment Company ID corporation organized NJ
: der the laws OF Missouri and heretofore doin
business % . loan and Investment compan,
That heretofore and on the End day Of Febrt
arr, 1907, the said Bates County fnvestmer
Company made On assignment Of all Its asset
| to the plaintiff Dewitt c. Chastain who hi
. qualified - such and In the cspscity Of such q