Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1909-12-23
Order Of publication.
State of Missouri

County of Audrain
In the Circuit Court.
January Term, 1910.
d. w. Butler ............P Plaintiff.
VS..
Elmira Taylor Young, Mary Young,
Thanny Ann Young, Nancy Jane
Young, Ellen Young, the heirs at
law of Thornton Young, deceased,
or IL they be not living their un-
known heirs. ....... Defendants.'
THE STATE OF MISSOURI TO THE
ABOVE NAMED DEFENDANTS,
GREETING:
Your are hereby notified that on
this November 29rd 1909, plaintiff
filed with the Clerk Of the Audrain
County Circuit Court, in vacation, his
petition, duly verified by affidavit,
wherein among other things plaintiff
alleges that he is in possession of and
holds title to certain real estate
situated in the County of Au-
drain and State of Missouri
described as follows, to-wit:
The West half 90 of the South
East quarter 1-4). and ten and fifty
eight one hundredths 10.58) acres,
being part of the East half (1-2) of
the South East quarter (1-4) of Sec
ton Thirty-ive 1861 Township Fifty
two (52), North of Range Ten QO),
west of the 9Th p. M. bounded and des-
cribed as follows: Begin at the South
West corner Of said east half (1-2)
of the South East quarter Q-4), and
run thence East along the Section line
Three Hundred and forty (340) links,
then north to a point on the north
line of said quarter section one hun
til n-N
of the North West corner of said East
half (1-2) of the South East quarter
4O-4D thence west one hundred and
eighty-nine (189) links to said north
west corner, thence South along the
west line of said East half Q-2) Of
the South East quarter Q-4) to the
point of beginning, all the above des-
cribed lands are being and situated in
Section Thirty-ive 1850 Township
Fifty-two (52), North Range Ten (10),
West of the 5th P. M. in Audraih
County Missouri, containing in all
90.5S acres more or less as per
original survey; That the title to all
of said lands is vested in plaintiff and
those under whom he claims by limi-
tation under the provisions of Section
426S, Revised Statutes of Missouri for
1899 and the equitable title thereto
elQdudLGu lTOIn inc Oull6u OIdISS
Government more than thirty years
ago; and that plaintiff and those I'M
der whom he claims have been in the
lawful, actual, open, notorious, con-
tinuous, exclusive and adverse pos
session thereof claiming said lands
and paying all taxes thereon for more
than thirty years.
And plaintiff in said petition fur
Their states that the heirs of said
Thornton Young, deceased, appear TO
have claim to title of record adverse
to that of plaintiff, in this, to-wit:
said Thornton Young obtained rec
ord title to said lands herein des-
cribed by deed of warranty from
Thomas ]. Davis and wife, Mary Ann,
dated January 18th, 1855, and filed
the same for record and said deed was
recorded in Book "E" page 1893, Deed
Records of Audrain county; that
in 1856 said Thornton Young
died intestate, leaving a widow,
Sarah Young, and his lawful
heirs, Elmira Taylor Young,
Mary Young, Thanny Ann Young,
Nancy Jane Young, and Ellen Young,
as his heirs, Sarah Young, the widow,
subsequently married one John Maggie
and she and her husband, John Maggie,
conveyed by quit-claim deed all her
right, title and interest in and to said
lands on October 9Th, 1863, as appears
of record in Book IN" page 1873, Re-
corder's office in Audrain County,
Missouri, that in the year 1859, GER
tain judicial proceedings were COM
menced in the Audrain County Cir
cult Court by the administrator of the
estate of Thornton Young, deceased,
together with the heirs herein named
as the plaintiffs against one James N.
Rodman and certain orders of publ
cation were had in said Court with
view of disposing of and selling said
lands herein by judicial sale where
in James N. Rodman was alleged TO
be nonresident of the State of Mis-
souri, and said publication was vague
and defective in this, it failed to pro-
perly describe said land and the judg-
ment entered insaid cause failed to
recite that said Rodman was duly
served with process and the descrip-
ton of said land in said proceedings
were vague, indefinite and uncertain
by reason whereof there Is cloud on
plaintiffs record title.
Plaintiff further alleges that said
Thornton Young died intestate more
than thirty years ago and that the
names of the unknown heirs Of said
Thornton Young other than those
named herein. il any there be, are I'M
known to plaintiff and for that reason
he can not insert their names herein;
that the interests of said unknown
persons, II any, is that of the heirs of
said Thornton Young and is derived
through said Thornton Young as their
ancestor.
Plaintiff further says that the in
terest of said unknown persons can
not be described more fully by him
because their interests is unknown
and all of whose names and places of
residence are unknown to him. But
plaintiff verify believes that all of said
defendants are non-residents of the
State Of Missouri.
It IS therefore ordered by the Clerk