Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1908-02-27
ORDER OF PUBLICATION.

COUNTY OF o %
In the Circuit Court OF Iron County MiSSOu-
ri-April Term, 1905.
Laura A. Mourer, Plaintiff,
VS..
James s. Barkman and Charles Thomas
Benton, defendants.
Now at this day comes the plaintiff herein,
by her attorney, william X. Edgar, and files
her petition and affidavit, alleging. among
other things, that the defendants, James S.
Barkman and Charles Thomas Benton, are
not residents OF the State OF Missouri, and
that the ordinary process OF law cannot be
served upon them in this state.
Whereupon, it is ordered blythe Clerk in
vacation, that said defendants be notified by
publication that plaintiff has commenced a
suit against them in this Court, the object
and general nature OF which is set out in the
petition filed in the ABOVE entitled cause
and which said petition is in words and fig
ures, as follows, to wit:
STATE OF MISSOURI, CO
COUNTY IF 0
In the Circuit Court Of Iron County, Missou-
TITO April Term, 1898,
Laura A. INQUIRER, Plaintiff,
VS..
James S. Barkman and Charles Thomas
Benton, Defendants,
Plaintiff states that the defendant, James
S. Barkman, single, on the Goth day OF Aug
ust, 1902, executed to Plaintiff a not here
with filed and marked Exhibit "a" whereby
he promised to pay plaintiff the sum OF Fiji
teen Hundred Dollars, one year after date
thereof; and that on said day, defendant for
the purpose OF securing the payment OF said
note, executed and delivered to plaintiff, a
Mortgage Deed, which is herewith filed and
marked Exhibit SD" conveying to plaintiff
a tract OF land situated in the County OF
Iron, and state OF Missouri, known in said
mortgage deed by the following description,
to wit; The north half OF the southwest
quarter OF section No. q in township 81, in
Range west, containing 50 acres; also, the
south half of the south half OF the northwest
quarter OF said section q, in said township
and range, and containing 40 acres-upon
the following conditions, to wit: That ii de-
fault be made in the payment OF the said
promiSSOry note, above mentioned, or any
part thereof, or the interest thereon, or any
part thereof, at the time and in the manner
therein specified Tor the paymen thereof, or
in case OF waste, or non-payment OF taxes or
assessments on said premises, or OF a breach
OF any OF the covenants or agreements there
in contained; then, and in such case, the
whole OF said principal sum and interest Sc
cured by the said promissory note in this
mortgage mentioned, shall thereupon, at the
option OF said mortgage, her heirs, eXecu-
tors, administrators, attorneys or assigns,
become Immediately due and payable, and
this mortgagem may be Immediately ioreclosed
to pay the same, by said ~mortgagee, her
heirs, executors, administrators, attorneys,
or assigns, and Upon the foreclosure and sale
OF said premises there shall be first paid out
OF the proceeds OF said sale all expenses OF
advertisement, selling and conveying said
premises, and twenty dollars Attorneys fee,
to be i~ncluded.in the decree, and all moneys
duNdlCCu lOI ldAtSS luGn SIldll De Ddlu l0t
note and the interest thereon.
Plaintiff states that the said note is now
long past due, and that the observation-disclosures
S. Barkman, has Jailed to perform the cove
nants and conditions on his part, and thai
the said sum OF Fifteen Hundred Dollars, and
all interest thereon, TO wit: interest at the
rate OF eight per cent. per annum from the
10th day OF August, 1902, to the present time,
remain wholly unpaid.
Plaintiff further states that defendant,
James ). Barkman, executed to Charles
Thomas Benton four several mortgages on
the above described property, dated Decem-
Der 10, 1897, July 1, 1899, January Sth, 1900, and
August II, 1900, respectively, to secure to said
Charles Thomas Benton, the respective sums
OF 1861 dollars, 2,073 dollars, 500 dollars, n
Sl dollars; all SAID notes bearing interest
from their dates at the rate OF eight per cent.
per annum; that all of said mortgages were
filed for record with the Recorder Of Deeds
September, 1904, lafter the filing OF the mort
gage to Laura A, Mourer, plaintiff here in,
whose mortgage was filed for record with
the Recorder Of Deeds for Iron County, Mis-
souri,, on the first day OF June, 1903, and re-
corded in Book 30, at page 8; that on the sew
enth day OF December, 1904, the defendant,
James s. Barkman, executed to Charles
Thomas Benton a Quit Claim Deed to the
above described property, which was filed
for record December u, 1904, and recorded in
Book so, at page $50.
Plaintiff further states that the defendants,
James S. Barkman and Charles Thomas Ben
ton are non-residents Of the State of Nilsson
RI, and that the ordinary process OF law can
not be served upon them in this State.
Wherefore, plaintiff prays that judgment
maybe rendered for the debt and all interest
and cost and that the equity of redemption Of
the said defendant james s. Barkman, or his
grantee, Charles Thomas Benton, in and to
said tract of land may be foreclosed, and
also that the claim OF Charles Thomas Ben
ton, II he have any, be subordinated to the
interest OF the plaintiff herein, and that the
land, or so much thereof as may be necessa-
CaR hn cold In rnNv @pf 4-I
the Judgment rendered, and for such other
proper relief as plaintiff may be entitled to.
WIN. X. EDGAR,
Attorney for Plaintiff.
COUNTY OF CRAWFORD. %
On this 10 day Of February, A. d. 1908, be.
fore me, Chas. Horn, a Notary Public, perso-
nally appeared Laura A. INQUIRER, who beinl
duly sworn, upon her oath says that the
facts stated In the foregoing petition are
true. MRS. LAURA &. MoURER.
subscribed \ sworn to before me, this
18th day OF February. 1908.
tsEALl CHAs. HORN, Notary Public.
NY term as Notary Public expires July 4
And that unless the said James s. Bark
man and Charles Thomas Benton be and an
pearat this Court, at the next term thereof
TO be begun and holden at the court house ii
the City OF I%ronton. in said County, on tn,
xIth day OF April next, and on or before thu
third day of said term, IL the term shall s,
long c~ontinue-and II moi, then on or befor,
the last day Of said term-answer or plead t
the petition In said cause, the same will b
taken as confessed, and judgment will b,
rendered accordingly.
And It is further ordered that a copy here
o. be published according to law, In the IRol
COUNTY REGISTER, a newspaper, published Ii
said County OF Iron, for four weeks success
lively, published at least once a week, TIL
last insertion to be at least thirty days be
fore the first day OF said next April term 3
this Court.
y. M. HAWKINS, Circuit Clerk.
A true copy from the record:
Witness my hand and seal OF tn
Circuit Court of Iron County, thi