The Montgomery tribune., 1909-10-22

Now, on this 22nd day of September. 1909,
In vacation of the Circuit Court of Mont
gomery County, Missouri, before the
November Term, 1909 of said Circuit Court
comes the plaintiff herein, by
attorney of record herein, before the
Clerk of said Court, and on behalf of plain
tiff files petition and suit, duly verified by
affidavit of Plaintiff herein.
And IL duly appearing to the Clerk OF said
Court, In vacation, that the plaintiff alleges
In his duly verified petition, that there are
persons interested in the subject matter of
this suit whose names and places of residence
cannot be inserted therein, because un-
known; and 1t further duly appearing that
such petition describes the interest of such
unknown and nonresident defendants, and
how derived so far as plaintiffs knowledge
| extends
And the plaintiff having alleged. in his
petition, so duly verified as aforesaid, that the
defendants, James EstelL and In case of his
death, the unknown widow, unknown heirs,
unknown legatees and unknown devisees of
James Estell, deceased, and all persons
claiming by. through or under them, or W no
might claim by, through or under the m.
and Sallie H. Eubanks, and in case of her
death, the unknown husband, unknown heirs
unknown legatees and unknown devisees of
Sallie II. Eubanks. and all persons claiming
by, through or under them, or who might
claim by. through or under them. are nom
residents of the state of Missouri, or their
places OF residence are unknown to the
plaintiff, and that the ordinary process of
law, by summons, cannot be served upon
them in this state.
1t Is therefore ordered by said Clerk that
tpat1 ,..,Ir., \
be notified by publication that plaintiff by
petition filed herein Of date september 22nd
1909, has commenced against said defendants
an action ut law and In equity, the immediate
object and general nature OF which Is to en-
force and establish n lawful right, claim and
demand TO and against certain real property
within the jurisdiction of said Court, to-wit:
an action to perfect the title of said plaintiff
In and to the following described real estate
situate, lying and being In the County OF
Montgomery and State of Missouri. to-wit:.
The Southwest Quarter OF the North. west
Quarter of Section Sixteen (i6); the North.
east Quarter of Section Seventeen Q7); the
South one-half of the South east Quarter OF
the Southeast Quarter OF Section Eight (s)
and all being In Township Forty-eight (4S)
north; Range Six (6) west, and containing In
all Two hundred and twenty acres, more OF
less
That the interest of said defendants in and
to the above described real estate, II any
they have, is that of original entrymen
patentees, owners, or as widow, husband
heirs, grantees, devisees, legatees, and
assigns of said defendants.
1t Is further ordered that said defendants
be and appear In this Court on the first day
OF the next regular term thereof, to be begun
and holden at the Court House In the City oil
Montgomery, Montgomery County, Missouri
on Monday the 8th day of November, 1909
and on or before the First day of said tern
to answer or plead to said petition. or In de-
fault therein said petition will be taken and
adjudged rs confessed and Judgment by de.
fault will be rendered against said defend
ants.
1t is further ordered that II copy hereof be
duly published at least once u week for -Four
consecutive weeks I'm the Montgomery Fri.
bune, IL weekly newspaper, duly printed IN
the English Language, published and circu.
lated In said Montgomery County. and duly
designated by plaintiffs attorney as most
likely TO give notice to said defendants; the
last insertion to be at least Fifteen days be-
fore the commencement of said term OF
Court.
Given under my hand the 22nd day OF Sep.
tember, 1909. in vacation. EVERETT BARTON
Clerk of Circuit Court
CLERKS CERTIFICATE.
STATE OF MISSOURI, Toe
County of Montgomery, o.
A l. Everett Barton, Clerk of the Circuit
Couvt in and for said County and State
hereby certify the above and foregoing to be
a full and true copy of the original ORDER
OF PUBLICATION In the caused herein
named, as fully as the same appears of record
In my Office.
Witness my hand as Clerk and the seal OF
.S~ said Court. Done at Office in the
SEAL City OF Montgomery, In said
/ NV County this 22nd day OF Sep
tember, 1909. EVERETT BARTON
Clerk of Circuit Court