The Montgomery tribune., 1909-10-29

Now, on this 2and 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 1t 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 it further duly appearing that
such petition describes the interest of such
unknown and nonresident defendants, and
how derived so far as plaintiffs know ledge
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 who
might claim by, through or under them,
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. ,,.. .s
1t is therefore ordered by said Clerk that
said unknown and nom resident defendants
be notified by publication that plaintiff by
petition filed herein of date September 22nd
1909, has commenced against said defendants
an action at law and In equity, the Immediate
object and general nature OF which Is to en-
force and establish lawful right, claim and
demand 10 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 (l6); the North.
east Quarter of Section Seventeen Q7); the
,, South one-half Of the South east Quarter OF
the South least Quarter OF Section Eight (s)
and all being In Township Forty-eight as,
north; Range Six (6) west, and containing ir
|
less.
That the interest of said defendants In ant
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, ant
assigns of said defendants.
1t is further ordered that said defendant
= 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 o
, Montgomery, Montgomery County, Missouri
on Monday the 8th day of November, 1905
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 an,
adjudged as confessed and Judgment by de
fault will be rendered against said defend
ants.
1t Is further ordered that copy hereof b
duly published at least once Il week for Fou
consecutive weeks in the Montgomery Tri
bune, "A weekly newspaper, duly printed Il
the English Language, published and circu
lated in said Montgomery County. and dull
designated by plaintiffs attorney as mos
likely to give notice to said DEFENDANTS; tn
last Insertion to be at least Fifteen days be
fore the commencement of said term @
Court
Given under my hand the 22nd day of Sep
tember, 1909. In vacation. EVERETT BABTos
Clerk of Circuit Cour
CLERKS CERTIFICATE.
STATE OF MISSOURI, Toe
County Of Montgomery, 90
l, Everett Barton, Clerk of the Circui
Court in and for said County and Stat,
hereby certify the above and foregoing to b
a full and true copy OF the original ORDEl
OF PUBLICATION In the caused herei
named, AS fully MS the same appears of recor
in my Office.
Witness my hand rs Clerk and the seal G
- said Court. Done at Office In tn
SEAL City of Montgomery, In sal
wv County this 22ad day of Sep
tember, 1909. EVERETT BARTON
Clerk of Circuit Cour
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