Mexico Missouri message., 1909-05-20
Order Of Publication.
State OF Missouri

Frank Richards. William A Richards.
Catherine r. Haines. Minnie Cole.
Nellie Brown, DorcRs Sallee, Emma /
Hayden. James Reubin Frost, Dora |
Lee Frost. Martin Clark Frost, Audra |
Frost, James II. Sallee. and Unknown |
Persons claiming as assignees OF Ann |
+. Richards, deceased, and Unknown |
Persons claiming as trnnsferees OF
Ann II. Richards, deceased, Defendants.
Now on this 2Sth day Of April A.
d. 1909, comes plaintiff herein by his
attorney and files with the Clerk OF
this court, in vacation, his petition
duly verified by AFFIDAVIT of plaintiff.
alleging among other things, that,
William A. Richards was on the 9th
/ day OF September 1856 and the 18th
day OF August 1892, the owner In fee
and in the lawful possession of an
undivided ono-elghth u-S) of the fol-
lowing described real property sltu-
ate In the County OF Audrain. In the
State OF Missouri. to-wlt: All that
part OF the West Half u-2) Of the
Southeast Quarter 90 and of the
East Half u-2) OF the Southwest
Quarter 40 OF Section Thirty-five
$3.50 in Township Fifty-one (5i) North
OF Range Nine (9) west of the 5th
|
OF the center OF the Mexico and Fulton
Public Road. containing s2.69 acres
more or less:
That the said w. A. Richards. by
deed OF trust dated September 27th,
1856, and duly acknowledged, con-
veyed to James II. Sallee, trustee, his
undivided one-eighth 0-Sl of the west
part OF the Southeast Quarter 90 OF
Section Thirty-flve 1861 Township
Fifty-ono (5D Range Nine (9) In Au-
drain County, Missouri. containing
seventy acres, 10 the use OF Mrs. Ann
T.. RobaTds, to secure the payment of
HIS certain promissory note OF the
same date TO Mrs. Ann Il. Richards
for the sum OF four hundred and fifty
dollars, due and payable two years
from It's date, and bearing ten per
cent. interest per annum, interest to
be paid annually or become principal
and bear same rate OF interest aud
which deed OF trust was afterwards
recorded in Deed of Trust Record
Book 10 at page 400 I'm the Office of the
Recorder OF Deeds of Audrain County,
Missouri:
That said note. the payment OF
which was secured rs aforesaid has
long since been fully paid. and the
said William A. Richards has, by gen.
eral warranty deed under date OF
October Goth, 1908, conveyed all his
right title and interest In and to all
OF the aforesaid lands to this said
| plaintiff: and that said plaintiff is now
, the owner In fee and In the lawful
possession thereof: that said deed Of
trust has never been satisfied of
record. and that II Is now q cloud
upon plaintiffs title to said lands:
That the said Ann L. Richards died
testate on or about the 18th day OF
J December 1905, leaving IA her heirs
and only heirs at law and devlsees,
Frank Richards, William A. Richards,
. Catherine p. Haines. Minnie Cole,
Nellie Brown, Dorcas Sallee. Emma
/ Hayden, defendants herein, and Mary
S. Frost: that the will OF the said
, Ann r. Richards was duly admitted TO
probate. her estate administered upon,
. final settlement made. and her ex-
ecutor discharged:
That afterwards and on or about the
. day of---1906, the said Mary
8. Frost died intestate. leaving as her
heirs and only heirs at law the de-
PENDANTS James Reubln Frost, Dora
( Lee Frost, and Martin Clark Frost all
of whom are minors under tho age
OF eighteen years, and Audra Frost:
= That the defendant Frank Robards
II, James II. Sallee and Dorcas Sallee
are residents OF Audrain County, Mis-
I souri,, the defendant William A. Ro-
l bards is a resident OF Jackson County
y Missouri, the defendants James Reu-
s bin Frost, Dora Lee Frost. Martin
Clark Frost and Audra Frost are
{ residents OF Saline County. Missouri
i tho defendants Catherine p. Haines
Minnie Cole. and Nellie Brown are
non-residents OF the State Of
J. Missouri and cannot be serves
q with the ordinary process OF law IN
this state. and that the defendant
IS Emma Hayden has absented herself
from her usual place of abode in thli
state so that the ordinary process o
i law cannot be served upon her:
Plaintiff further alleges that III
verify believes there are persons IN
i tQrested In the subject-matter OF thu
petition. whose names he could no
II insert therein because they are Un
n known TO him. and whose interest 4
that OF an assignee or transferee Of
. aa assignees or trsnsferees OF the not
Il herein above described. aud de
:. rived directly or indirectly iron
u the said Ann Il. Richards. now de
Is ceased, so far as plaintiffs knowledge
extends; and that he does not know
the present whereabouts Of said not
and cannot produce the same:
:. Plaintiff further asks IN his salt
petition for the appointment Of
guardian ad litem for said minor ,le
PENDANTS. and for an order and deere,
satisfying OF record said deed O
u trust and OF cancellation OF said note
0. and anietlng plaintiffs said title q
said lands.
Il r. therefore ordered by tho clorl
Is OF this court In vacation that publ
n cation be made notifying said non
resident defendants. said absent de
PENDANT, and said unknown defendants
that a suit has been commences
Il agains them In this said court tn
object and general nature OF which 4
y 10 satisfy OF record said deed o
n. trust. cancel said note, and Quie
plaintiffs eaid title 10 said lands, ant
for atfeh 1fhar and hlFihar ordaFu