Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1909-09-02

In the Circu Court, October Term, 1909.
John S. Benson, Plaintiff,
James P. Whitman, the unknown heirs of
James P Whitman, deceas ed, John P.
Chorpering, the unknown heirs of John
P. Chorpering, deceased, Hugh B. Will
son, the unknown heirs of Hugh B. Will
son, deceased, Joseph A. Osborn, the un-
known heirs of Joseph A. Osborn, de-
ceased, Francis G. Delano and Mrs. De-
liza A. Pilley, defendants.
Now at this day comes the plaintiff herein,
by his attorney, VIM. R. Edgar, Esq, and
files his petition and affidavit, alleging,
among other things, that defendants, James
P Whitman, the unknown heirs of lanes P.
Whitman, deceased, John P. Chorpering,
the unknown heirs of John P. Chorpering,
deceased, Hugh B. Wilson, the unknown
heirs of Hugh B. Wilson, deceased, Joseph
A. Osborn, the unknown heirs of Joseph A.
Osborn, deceased, are not residents of the
State of Missouri, and that the ordinary
process of law cannot be served upon them
in said state.
Whereupon it is ordered by the Clerk of
the Circuit Court, in vacation, that said de-
PENDANTS be notified by publication that
plaintiff has commenced suit against them
in this Court, the object and general nature
of which is set out by plaintiff in his petition
as follows:
Plaintiff states that he is the owner of the
| following described tracts or parcels Of land,
lying, being and situate in the County of
Iron, and State of Missouri, to wit:
The southeast quarter of section twelve,
the east half of the northeast quarter, and
the east half of the southeast quarter, and the
southwest quarter of the southeast quarter
of section thirteen, and the east half of the
southwest quarter of section thirteen, and
the northeast quarter of the northwest quar-
ter, and the northwest quarter of the north
east quarter, and the north half of the south
east quarter of the northwest quarter,
and that tract or parcel of land de-
scribed as follows: commencing at the
southwest corner of the southeast quarter of
northwest quarter, run thence north ten
chains, thence east eighty three degrees
east on the established line I6.4o chains to
Indian Branch; thence along Indian Branch
to the southwest corner of the southeast
quarter of the northwest quarter of section
twenty four-all of said above described
land being in township thirty one, north,
range three east.
Plaintiff further states that the title to all
of the above described land as emanated
from the United States.
Plaintiff further states that all of the above
described lands have been in the actual, open,
notorious, hostile and adverse possession of
said plaintiff and his grantors for more than
thirty years next before the filing of this pc
| tition.
Plaintiff further states that plaintiff and
plaintiffs grantors have paid the taxes on all
of said above described lands for more than
thirty consecutive years Immediately preced-
ing the filing of this petition, and that none
of the defendants, nor any person under
whom they, or either Of them, claim or might
claim title, have been in actual possession of
said lands, or any portion thereof, or have
paid any taxes thereon, for more than thirty
years Immediately preceding the filing of
this petition, nor have they, or either of
them, ever brought any action 70 recover
said property or any part thereof.
| Plaintiff further states that the defendants
claim to have some title, estate or interest in
the property above described, the nature
and extent of whose interest, or from whom
derived, this plaintiff is unable to state more
definitely b,cause the facts are unknown to
him.
Plaintiff further states that the unknown
heirs, devsees and assigns of James P.
Whitman, deceased, are such persons as
under the laws Of the state Of Missouri
would inherit as the next of kin Of said de-
ceased, or are such persons as may be named
as devisees or legatees> Of the deceased in
the will of the deceased, and are such per-
sons as may have acquired some right, title
or interest or claim OF right, title or interest
as assigns or grantees Of said James p.
Whitman. deceased; that the names and
number Of said unknown heirs, devisees or
assigns are to this plaintiff unknown; that
the deed records Of Iron county do not dis
close their names or the number Of said un
known heirs, devisees or assigns, or the
interest that said unknown heirs, deyisees