Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1909-08-12
Chiidren Cry
FOR FLETcHER'S
CA 8 T O RIA
ORDER OF PUBLICATION.

In the Circuit 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, defend,ats
Now at this day comes the plaintiff herein,
by his attorney, Wm. 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 the 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; E
Plaintiff states that he is the owner of the
following described trects or parcels of land,
lying, being and situate in the County Of
Iron, and State of Missouri, to wit:
| The southeast quarer 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 10. 40 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
|
and extent of whose interest, or from whom
derived, this plaintiff is unable to state more
definitely bscause the facts are unknown to
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 James P
Whitman. deceased; that the names and
number OF said unknown heirs, devisees OF
assigns are to this plaintiff unknown; thai
the deed records Of Iron county do not dis
close their names or the number of said un-
known heirs, devisees or assigns, or the
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 parte.
claim as heirs devisees or assigns or grantee.
of said deceased, and he cannot insert the
names because they are unknown to him
that plaintiff cannot describe their Interest
more definitely for the reason that the abov,
contains all the information that plaintiff ha
or can obtain as to said parties, their names
or the nature of their claims or the extent 0
the same,
Il Plaintiff further states that the unknown
heirs, devisees and assigns Of John P
Chorpering, deceased, are such persons al
under the laws Of the state of Missour
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, devisees or assign
are to this plaintiff unknown; that the deet
records Of Iron county do not disclose thei
names or the number Of said unknown heirs
devisees or assigns, or the interest that sale
unknown heirs, deyisees or assigns ma,
claim in said real estate that it is impos-
sible for the plaintiff to further describe tn,
4 said parties or their interest, or to state NOR,
definitely whether said parties claim as heirs
deyisees or assigns or grantees of said de-
ceased and he cannot insert their names be-
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 exscn
OF the same.
\ Plaintiffurthe states that the unknown