Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1909-08-19
CASTORIA
For Infants and Children.
The Kind You Have Always Bought
signature s1asa ses Of l,1Az1N9
ORDER OF PUBLICATION.
STATE OF MISSOURI $.

| In tne Slrcuit Court OCTOBER Term, 1909.
John S. Benson, Plaintiff,
| VS..
| James p. Whitman, the unknown heirs of
James P. Whitman, deceased, 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 James 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 theJ 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 a 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 1910 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 to 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 btcause the facts are unknown tc
him.
Plaintiff further states that the unknown
heirs, devisees 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 lanes p
Whitman, deceased; that the names and
number of said unknown heirs, devisees OF
assigns are to this plaintiff unknown; tha
the deed records of Iron county do not dis
close their names or the number of said un-
known heirs, devisees or assigns, or thu
interest that said unknown heirs, devisee.
or assigns may claim in said real estate
that it is impossible for the plaintiff to furthe
describe the said parties or their interest Of
to state more definitely whether said parties
claim as heirs devisees or assigns or grantees
of said deceased, and he cannot insert thei
names because they are unknown to him
that plaintiff cannot describe their nteres
more definitely for the reason that the abov,
contains all the information thatplaintiff ha
or can obtain as to said parties, their names
or the nature of their claims or the extent o
the same.
Plaintiff further states that the unknown
heirs, devisees and assigns Of John P
Chorpering, deceased, are such persons a
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 nance
as devisees or legatees of the deceased in tn
will Of the deceased, and are such person
as may have acquired some right, title o
interest or claim of right, title or interest a
assigns or grantees Of said John P. Chopper
ing, deceased; that the names and numbe
of said unknown heirs, deyisees or assign
are to this plaintiff unknown; that the dec
records of Iron county do not disclose thei
names or the number Of said unknown heirs
. devisees or assigns, or the interest that saiC
unknown heirs, devisees or assigns ma
claim in said real estate; that il is impos
!, sible for the plaintiff to further describe th
Y said parties or their interest, or to state NOR
: definitely whether said parties claim as heirs
: devisees or assigns or grantees Of said de
i ceased and he cannot insert their names be
I cause they are unknown to him: that plain
tiff cannot describe their interest NOR
definitely for the reason that the aboy
contains all the information that plaintiff ha
or can obtain as to said parties, their name
or the nature Of their claims, or the exten
3 Of the same.
Plaintiff further states that the unknown