Mexico Missouri message., 1908-11-26

James X. Brown Plaintiff
vs..
The Unknown heirs and de-
vIsees OF Demarcus L. Pol
lard, deceased, and the un-
known assigns ofC.F. Sames.
deceased, or those claiming by,
thruoghor under them or eith-
or OF them, Defendants
Now this November lIth. 1908, comes
Plaintiff and flies with the Clerk OF this
the Audraln County Circuit Court, In va
cation, his petition duly verified by plain
til, wherein among other things. Plain
til alleges, that on or about January
18th, 1859 the United States OF America
Issued It's letters patent, whereby II gave
aud granted 10 one Noah Flood and his
heirs the following described tract Of
land In Audrain County, Missouri. to-
wit. The East one half ~ OF the North
east quarter ~ OF Section One u), Town
ship Flfty-two (5P). Range Twelve (l2J
that thereafter the said Noah Flood con
veyed said tract OF land 10 Joseph Flood
and by successive conveyAnces from said
Joseph Flood said tract of land was con-
| h'y'a W th' 1NAAaANha ~ AuANhths AuN
plaintiff further states that on or about
the 18th day OF April 1857 the United
States OF America Issued It's letters pa
tent, whereby II gave and granted unto
one James Il. Smith and his heirs the fol :
lowing described tract OF land In Audraln
County, Missouri, to-wlt: The West one =
half OF the Northeast quarter 20 OF
Section One W Township Flfty-two,
Range l2; and that thereafter said James
T.. smith conveyed said land TO Alexan-
der j. Turner who conveyed same TO said
Demarcus l.. Pollard: and that thereaf-
ter and more than 80 years prior to the
Institution OF this suit Demarcus l.. Pol =
lard departed this life without ever hay-
ing conveyed said tracts OF land. but
whether or not said Demarcus l., Pollard
died testate or lntestate plaintiff does
not know, but as plaintiff verify believes
ho left surviving him divers persons as
heirs or dovlsees whose names and places
OF residence are wholly unknown Ia
plaintiff and for that reason cannot be
inserted herein; aud that said unknown
heirs appear TO be owners OF said land and
as such TO be interested therein, and that
plaintiff cannot more fully describe the
interest OF said persons save and except
as apparent owners by inheritance or de.
wise from said Domarcus l.. Pollard.
And Plaintiff further states that at one
time, NJ. NJ. Jesse, who claimed to be the
owner OF the Northeast quarter ~ oi
the Northeast quarter UD OF Section
One D, Township Fifty (s2), Range
Twelve (i2) Audrain County, No., and
on or about the 10th day Of April 1865 OK.
ecuted Mortgage Deed to one G. +. Same.
[ to secure the payment OF note for $50
due April 10th, 1896, with 10 per cent In
terest, said Mortgage Deed Is recorded II
Book page il3 land records Of Audraiu
Co; and that the same remains unsat
isted ofrecord, but said debt Is long since
barred by the Statues Of limitation. Ant
that thereafter said NJ. NJ. jesse convey
cd said land 10 c. L. Sames by Warrant,
Deed, and c. I. Sames conveyed same I,
) this plaintiff by Warranty Deed; tha
thereafter said c. +. Sames died lntestat
: but whether he had assigned said mort
gage and the debt secured thereby prior 4
the making OF the Warranty Deed aiore
said plaintiff has no knowledge;an that
I said Mortgage and debt secured thereb
were assigned, plaintiff has no knowledg
OF the names and places OF residence O
e said assigns aud for IN at treason,cannot,I n
, sert same herein, and that the interest, /
any they have, Is derived by asslgnmon
from said c. +. Sames, deceased. AnC
Plaintiff alleges that through successlv,
conveyances from persons In possession
OF the aforesaid tracts OF land claimlnl
to own the same he has acquired the It'll
thereto aud that he and those unde
u whom he claims title have been for NOR
that 30 years last past In the actual, con
tlnuous, open, notorious aud EXCLUSIVE
" possession thereof, claiming to own tn
o same, and paying all taxes thereon, an,
that none OF defendants have within tn
= last 80 years been In possession or pal
any taxes on said land, whereby plaintiff
has become the owner by adverse posses
sion.
o IL Is therefore ordered by the Clerk q
the Audrain County Circuit Court, In va
cation, that publication be made herel
notifying the said unknown heirs an
o devlsees OF Demarcus l.. Pollard. decease
c and the unknown assigns OF c. +. Sames
deceased, or those claiming by, throug
or under them or either Of them OF th
!. filing OF this suit.
And now you aid.defendants, are here
o by notified OF the commencement Of sal
y suit. the object and general nature
, which Is TO obtain decree Of said Al
drain County Circuit Court dIvestlng th
le title out OF said defendants and declarIn
!. that plaintiff has the title 10 said tract
OF land by linitatIon, under the provIi
Ions of the statues; and now unless 70
IA said Unknown heirs and devlsees Of ID,
g marcus l.. Pollard, deceased, and 70
said Unknown assigns OF G. +. Sames d,
A. ceased, or those claiming by. through ,
:. under them or either Of them, be and Al
namr In Nhn AuaFafn CnuuNsr (ln.sHa r..