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

signee the plaintiff brings this suit
that prior TO the assignment aforesaid the
said Bates county Investment Company was
the owner and in possession OF the following
land in Bates County, Missouri to.wit:
The east twenty five acres of the northwest
quarter OF the southeast quarter or section
twenty eight, and the south half OF the south
east quarter OF section twenty eight, and the
northeast quarter OF the southeast quarter of
section twenty eight, and the south half Of the
southwest quarter OF section twenty-seven,
and the northwest quarter OF the southwest
quarter of section twenty-seven. all In town:
ship thirty nine. range thlrty-two. That said
land, tog, Their with the other assets and prop
erty of the said Bates County Investment Com
pany was assigned 10 the plaintiff In the as
signment aforesaid; and that the plaintiff De-
witt C.. Chasta n, assignee Of tina Bates County
Investment Company, now owns and is In pos
session OF said land That plaintiff and those
under whom b claims have been In the open,
notorious, continuous. exclusive and adverse
possession of said land for more than ten years
last past, paying the ts>es thereon and exer-
cising ownership thereover; during which time
no one of the DEFENDANTS nor anyone for or on
behalf of them nor claiming under them nor
anyone of them has been in the possession of
said land, paid any taxes thereon or made any
claim whatsoever thereto.
That on July 10Th, 1865, Amanda A. Brown,
owned the northwest quarter of the southeast
quarter o. section twenty-eight aforesaid.
That on said date she attempted to convey the
same by tret recorded IN book VI, at page I7S
, in the office of the recorder of deeds Of Bates
county, Missouri That said deed appears Of
record to be detective in this that the aid deed
was acknowledged before the clerk of the Coun-
ty Court OF Ba es County, Mo. That the seal
Of said court is not affixed thereto That from
said record 1t appear that the heirs of said
Amanda Brown, she, as plaintiff believes,
being dead more than ten years, may have
| possible claim OF interest in said forty acres.
That plaintiff verify belives that there are per
sons interested In the subject matter OF this
| suit as heirs Of said An apda A. Brown whose
names can not be inserted herein because I'M
known to plaintiff That II not dead, said
| Amanda a. Brown Is a nonresident of Mis-
souri,
! That the defendants Fannie Barnhart and
BENJAMIN Rarnhart appear of record TO have q
possible claim OF interest in the east five acres
of the west half of the northw,s st quarter of the
southeast quarter of section twenty -eight afore-
eaid as follows: That at one time and during
his lifetime said five ceres belonged tc John
Cain. That prior TO the 18th day of NJ arch, 1883,
said Cain died leaving will whereby he devils
ed all his property to the said defend ants, ex-
| cept certain land which he directed should be
sold by his executor in said will named. That
| said five acres was not included in the real
estate described In said will and directed to be
sold by said executor, but that the executor of
| said will did sell and convey the five acres
Aforesaid by deed dated October 3rd, 1858, and
the recorder Of deeds of Bates County, Mo.
That through mesne conveyances from the
grantee in said deed plaintiff claims That said
| defendants have never been in possession of
| said land or made any claim thereto since the
making of said deed by said executor Thar
| said will was duly probated in the Proba1
Court of Bates County, Missouri. That ssfd
| defendants Fannie Barnhart and benjamin.
| Barnhart are non-residents Of Missouri 7
| That the defendants A. W. Russell and Alpa-
retta j. Russell and the unkn own heirs of Mary
Russell and Joshua R Russell, executor Of the
es ate of Mary Russell, deceased, appear of
| record to have possible claim of lien against
| the south half Of the southwest quarter or sec
| ton twenty seven aforesaid, as follows:
That the said A. W. Russell and Alparetta j.
Russell and the other unknown heirs Of Mary
Russell constitute all the heirs Of Mary RUSSELL
and that unless the said defendants be and ap-
pear at this court, at the next term thereof, to
be begun and holden ct the court house In the
city OF Butler. In said county. on the LEI Mon
day In Feb'y 1908, and on or before the nrst day
OF said term, answer or plead to the petition in
said cause, the same will be taken 90 confessed,
and judgment will be rendered accordingly
And u is further ordered, that copy hersof
be pub lished, according to law, inTHf BurLER
WEEKLY TIMES, newspaper published In said
county OF Bates for four weeks succ, ssivelv,
published at least once week, the last inser.
tion to be at least thirty days before the first
day Of said next February 1903 term OF thie
court, T. D. EMBREE.
A true copy Of record. Cir.
! Witness my hand, and seal Of the d O.
(sEAL) cult Court OF Bates County. this 18th .
7-H I'D. EMBREE, Circuit Clerk. /