Mexico Missouri message., 1909-05-13
Order Of publication.
State of Missouri

IN NuN AANNutl AVuNNa
To the June Term. 1903.
Daniel II. Cauthorn. ...... Plaintiff.
va.
Frank Richards, William A Robards.
Catherine p. Haines, Minnie Cole.
Nellie Brown. Dorcas Sallee. Emma
Hayden, James Reubin Frost, Dora
Lee Frost, Martin Clark Frost. Audra
Frost, James II. Sailee. and Unknown
Persons claiming rs assigneeB OF Ann
r. Richards, deceased, and Unknown
| Persons claiming as transferees of
Ann Il. Robards, deceased, Defendants.
Now ON this 2Sth day of April A.
/ ID. 1903, comes plaintiff herein by his
/ attorney and files with the Clerk OF
this court, I'm 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 oneAeighth 1-S) OF the fol-
lowing described real property stu
ate In the County of Audrain, in the
State of Missouri. to-wit: All that
part of the West Half C-2) OF the
Southeast Quarter 90 and of the
East Half G-2) OF the Southwest
Quarter 90 OF Section ThIrty-hve
| 1850 In Township Flfty-one (51) North
OF Range Nine (9) west OF the 9Th
Principal Meridian, which lies East
OF the center OF the Mexico and Fulton
Public Road. containing s2.69 acres
more or less:
That the said w. A. Robards, By
deed OF trust dated September 9th.
1856, and duly acknowledged, con-
veyed TO James II. Sallee, trustee, HIS
undivided one-elghth u-s) OF the west
part OF the Southeast Quarter 90 of
Section Thirty-fivo 1859 Township
Fifty-ono (5D Range Nine (9) in Au-
drain County. Missouri. containing
seventy acres, to the use OF Mrs. Ann
II. Robards, TO secure the payment of
his certain promissory note of the
same date to Mrs. Ann r. Robards
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 and
which deed OF trust was afterwards
recorded in Deed OF Trust Record
Book 10 at page 400 In the Office of the
Recorder OF Deeds of Audrain County,
Missouri:
That said note, the payment OF
which was secured as aforesaid. has
long since been fully paid, aud the
said William A. Robards has, by gem
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 a cloud
upon plaintiffs title to said lands:
That the said Ann T.. Robards died
testate on or about the 18th day OF
December 1905. leaving as her heirs
aad only heirs at law and devisees,
Frank Robards, William A. Robards,
Catherine p. Haines. Minnie Cole,
Nellie Brown. Dorcas Sallee, Emma
Hayden, defendants herein, and Mary
s. Frost: that the will OF the said
Ann Il. 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
s. Frost died intestate, leaving rs 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 the age
OF eighteen years. and Audra Frost:
That the defendant Frank Robards,
James II. Sallee and Dorcas Sallee
are residents OF Audrain County, Mis-
souri,, the defendant William A. Ro-
bards Is a resident OF Jackson County.
Missouri. the defendants James Reu.
bin Frost, Dora Lee Frost. Martin
Clark Frost and Audra Frost are
residents OF Saline County. Missouri.
the defendants Catherine p. HaInes,
Minnie Cole, and Nellie Brown are
9on-residents of the State OF
Missouri and cannot be served
with the ordinary process OF law in
this state, and that the defendant
Emma Hayden has absented herself
from her usual place OF abode in this
state so that the ordinary process of
law cannot be served upon her:
Plaintiff further alleges that he
verify believes there are persons in |
terested in the subJect-matter OF the |
petition. whose names he could not |
insert therein because they are un-
known to him. and whose Interest Is |
that OF an assignee or transferee os |
as asslgnees or transfereea OF the note |
herein above described, and de- |
rived directly or indirectly from
the said Ann u. Richards, now de-
ceased, so far as plaintiffs knowledge
extends; and that he does not know /
the present whereabouts OF said note |
and cannot produce the same:
Plaintiff further asks In his said
petition for the appointment OF a
guardian ad litem for said minor de-
and for an order and decree
satisfying OF record said deed OF
trust and Of cancellation OF said note,
and quleting plalnua's said title 10 /
said lands.
II Is therefore ordered by the clerk
OF this court In vacation that pubii-
cation be made notifying said nom
resident defendants. said absent de-
PENDANT, and said unknown defendants.
that a suit has been commenced
aRaina them III fhfa aatA cot,pt tho |