Mexico Missouri message., 1909-12-02
Order Of Publication.
State of Missouri

In the Circuit Court,
January Term, 1910.
ID. w. Butler ..............Pla 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 gard, 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 Q-2) of the South
East quarter 1-4), and ten and fifty
eight one hundredths Q0.5S) acres,
being a part of the East half 1-2) of
the South East quarter (1-D of Sec
ton Thirty-five 1850 Township Fifty
two (52), North of Range Ten QO),
west of the 5th P. NJ. bounded and des-
cribed as follows: Begin at the South
West corner of said east half (1-2)
of the South East quarter 90, and
run thence East along the Section line
Three Hundred and forty GAO links,
then north to a point on the north
line of said quarter section one hun
bred and eighty-nine (1S9) links East
of the North West corner of said East
half Q-2) of the South East quarter
0-4), thence west one hundred and
eighty-nine 1S9) links to said north
west corner, thence South along the
west line of said East half Q-2) of
the South East quarter 90 to the
point of beginning, all the above des-
cribed lands are being and situated in
Section Thirty-five $3.50 Township
Flfty-two (52), North Range Ten 10).
West of the 5th P. NJ. in Audrain
County, Missouri, containing in all
905S 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
emanated from the United States
Government more than thirty years
ago; and that plaintiff and those un-
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 a claim to title of record adverse
to that of plaintiff, in this, to-wit:
said Thornton Young obtained a rec
ord title to said lands herein des-
cribed by deed of warranty from
Thomas J. Davis and wife, Mary Ann
dated January 18th, 1855, and filed
the same for record and said deed was
recorded in Book "E" page 1898, Deed
Records of Audrain county; that
in 1856 said Thornton Young
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 5th, 1863, as appears
| of record in Book IN" page 1919, Re
| corder's office in Audrain County,
| Missouri, that in the year 1859, GER
tain judicial proceedings were COM
mepced 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 q
! view OF dispOsing of and selling said
| lands herein by a 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 or
| plaintiffs record title.
Plaintiff further alleges that sait
Thornton Young died intestate more
than thirty years ago and that the
| names or the unknown nelrS OF sale
Thornton Young other than those
named herein, if any there be, are un,
known to plaintiff and for that reason
he can not insert their names herein
| that the interests OF said unknown
persons, If any, is that of the heirs o
said Thornton Young and is derived
through said Thornton Young as theil
ancestor
Plaintiff further says that the in
terest of said unknown persons can
not be described more fully by hin
because their interests is unknowI
and all of whose names and places o
r,s'4"n"e Pra unknown to him. Blu
plaintiff verify believes that all of sail
defendants are non-residents of tn
State of Missouri.
1t is therefore ordered by the Clerl
of the Audrain County Circuit Court
in vacation, that publication be mad
herein notifying the defendants afore
said that plaintiff has commenced sui
against them in the Audrain Count,
l