Mexico Missouri message., 1909-04-29

To the June Term, 1903.
Daniel II. Cauthorn. ....... Plaintiff,
w.
Frank Robards, 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. Sallee. and Unknown
Persons claiming as assignees OF Ann
e. Robards, deceased, and Unknown
Persons claiming as transferees Of
Ann u, Robards, deceased, Defendants.
Now on this 2Sth day of April A.
d. 1909. comes plalntiff herein by his
attorney and files with the Clerk OF
this court, in vacation, his petition
duly verified by afIidaYit OF plaintiff.
alleging among other things, that,
William A. Robards was on the 27th
day Of September 1886 and the 11th
day OF August 1899. the owner In fee
and In the lawful possession of an
undivided one-eighth Q-S) of the fol-
lowing described real property situ-
ate In the County of Audraln, in the
State OF Missouri, to-wit: All that
part OF the West Half u-2) of the
Southeast Quarter DO and OF the
East Half u-2) of the Southwest
Quarter 90 OF Section Thirty-five
(36l In Township Fifty-one C61) North
of Range Nine (9) west of the 5th
Principal Meridian, which lies East
OF the center OF the Mexico and Fulton
Public Road, containing S2.6s acres
more OF 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-eighth u-S) OF the west
part OF the Southeast Quarter tl-4) of
Section Thirty-hve 1851 Township
Fifty-one (51) Range Nine COZ in Au-
drain County, Missouri. containing
| seventy acres, TO the use of Mrs. Ann
e. Robards, to secure the payment of
his certain promissory note OF the
same date to Mrs. Ann II. Robarda
for the sum OF four hundred and fifty
dollars, due and payable two years
from its 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 ONCE 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, and 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 II. Robards died
testate on or about the 18th day of
December 1905, leaving as her heirs
and 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
8. Frost: that the will of the said
Ann u. Robards 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 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 the age
of eighteen years. and Audra Frost:
That the defendant Frank Robards.
James II. Sallee and Dorcas Saliee
are residents of Audrain County, Mis-
souri,, the defendant William A. Ro-
bards is 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
| Missouri and cannot be served
with the ordinary process OF law In
this state. and that the defendant
Emma Hayden has abseRted herself
from her usual place OF abode IN this
state so that the ordinary process OF
law cannot be served upon her:
Plaintin 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 or an assignee or transferee os
| as asaignees or transfereea OF the note
herein above described, and de-
rived directly or indirectly from
the said Ann Z. Robards, 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
guardian ad lltem for said minor de-
PENDANTS. and for an order and decree
Satisfying OF record said deed OF
trust and Of cancellation OF said note,
and quieting plaintiffs said title 10
said lands.
II is therefore ordered by the clerk
OF this court In vacation that publl-
cation be made notifying said nom
resident defen6ants, said absent de-
fendant, and said unknown defendants.
that a suit has been Commenced
againa them in this said court the
object and general nature OF which Is
to satisfy OF record said deed OF
trust caneaI aaid nnfa ana n,,lnR