Mexico Missouri message., 1909-05-06
order u puhllcatIon.
state Of Missouri

IN the IiICult NOuFts
To the June Term, 1903. |
Daniel II. Cauthorn. ..... Plaintiff, |
We.
Frank Richards. William A Robards. |
Catherine r. 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
u. Richards. deceased, and Unknown
Persons claiming as transferees OF
Ann +. Richards. deceased, Defendants.
Now on this 2Sth day OF April A.
ID. 1909, comes plaintiff herein by his
attorney and files with the Clerk Of
this court, In vacation. his petition
duly verified by affidavit of plaintiff.
alleging among other things. that,
William A. Robafds was on the 27th
day OF September 1856 and the 18th
day OF August 1892. the owner in fee
aud I'm the lawful possession OF an
undivided one-eighth Q-S) of the fol-
lowing described real property situ-
ate In the County of Audrain, In the
State of Missouri. to-wit. All that
part of the West Half G-2) OF the
Southeast Quarter "a and OF the
East Half u-2) OF the Southwest
Quarter 90 OF Section ThIrty-five
$3.50 in Township Fifty-one (51) North
of Range Nine (0D west OF the 9Th
Principal Meridian, which lies East
OF the center of the Mexico and Fulton
Public Road, containing $3.50 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-eighth 0-S) OF the west
part OF the Southeast Quarter 40 of
Section Thirty-flye (35) Township
Fifty-one (5D Range Nine COZ In Au-
drain County, Missouri, containing
seventy acres, to the use of Mrs. Ann
Il. Richards. Go secure the payment OF
his certain promissory note OF the
same date TO Mrs. Ann II. Richards
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 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. and the
said William A. Richards has. by gem
eral warranty deed under date of
October 29th, 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 Il is now q cloud
upon plaintiffs title TO said lands:
That the said Ann II. Richards died
testate on or about the 18th day OF
December 1905. leaving as her heirs
and only heirs at law and devlsees
Frank Richards, William A. Richards
Catherine p. Haines. Minnie Cole
Nellie Brown, Dorcas Sallee. Emma
Hayden, defendants herein, and Mars
s. Frost: that the will OF the said
Ann u. Richards was duly admitted Il
probate, her estate administered upon
final settlement made, and her ex
ecutor discharged:
That afterwards and on or about tbs
day of---19O6, the said MARY
s. Frost died intestate. leaving as hel
; heirs and only heirs at law the de
PENDANTS James Reubin Frost, Dcri
Lee Frost, and Martin Clark Frost al
OF whom are minors under the age
OF eighteen years, and Audra Frost:
That the defendant Frank Richards
James ii. Sallee and Dorcas Salle'
are residents OF Audrain County, Mis-
souri,, the defendant William A. Ro
bards Is n resident OF Jackson County
Missouri, the defendants James Reu
, bin Frost, Dora Lee Frost. MartiI
. Clark Frost and Audra Frost arr
residents OF Saline County, Missouri
the defendants Catherine p, Haines
Minnie Cole. and Nellie Brown ar'
: non-residents of the Stale o
Missouri and cannot be serve,
with the ordinary process of law II
this state, and that the defendan
) Emma Hayden has absented hersel
from her usual place OF abode I'm thi
state so that the ordinary process o
law cannot be served upon her:
Plaintiff further alleges that h
, verify believes there are persons In
terested in the subject-matter OF tn
petition, whose names he could no
, insert therein because they are un
known 10 him, and whose interest Il
! that OF an assignee or transferee o.
r as asslgnees or transferees OF the not
I herein above described. and dc
rived directly or indirectly froa
the said Ann Il. Richards. now de
I ceased, 80 far as plaintiffs knowledg
0 extends: and that he does not knoy
the present whereabouts OF said not
and cannot produce the same:
Plaintiff further asks In his sal
I petition for the appointment OF
. guardian ad Item for said minor de
4 PENDANTS. and for an order and deere
satisfying of record said deed O
trust and of cancellation OF said note
Q and quieting plaintiffs said title B
L said lands.
Il Is therefore ordered by the cler
OF this court In vacation that publ
cation be made notifying said non
= resident defendants, said absent Dc
: PENDANT, and said unknown defendant
n that suit has been commence
! agains them In this said court th