The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1910-10-29
oscar Andreen. Plaintiff

Stu. 1910.
Oscar Andreen. Plaintiff
The Unknown heirs Of Martin Fitzpat-
hek. deceased. tho Unknown heirs OF
Mitchell as trustee Of the company
b. the Ffrstl Addition to the town
how city) Of Lexington, Missouri, and
airy +. Smith, defendants.
Now at this day comes the plaintiff
~ his attorney M files his petition
Nerein verified by his oath and affida-
nd alleging among other things that
r,Aintiff is the owner, and Is in possess
lon Of. and that he and those under
Hhom he claims for more than thirty
years next prior to the filing OF the
petition herein nave been In the possess
sion OF. and have had and held open,
notorious, adveres, continuous, peace
obie and unulsputed possession OF, ana
that none Of the defendants during that
ftime have ever made to plaintiff or
those under whom he claims any claim
ADVERSE to the clans Of this plaintiff
Or those under whom he claims, TO the
following described real estate situate
and being in the CITY OF o LeNhs'9R a IN
the County OF Lafayette anu ota'e
Of Missouri towit:
Lots numbered Two % and Three CD
Ia Block numbered Forty-three (l5) oI
First Addition TO tle o (noW city OF
lexington as the same appear upon the
nfaf ~ said Addition on file and Of
record In the office OF the hecofder OF
Deeds for Lafayette County, Missouri.
That plaintiff claims said real estate as
the owner Of the fee simple title there
- through. and by. c-onveyanoes from
and mesne conveyances TO, the parties
and original owners herein mentioned
ASH their grantees and that he verify be
Harts there are persons who claim TO
be Interested In the subject matter OF
This his petition whose names he can
not insert therein because they are UNI
known TO plaintiff; that the claims and
mterests therein of such unknown part
les ana how such claims and interests
Iare derived, so far as known to the
lplaintiff, are as herein alleged; that
tha names and the persons to whom
fach title or claim was last transferred
vested by government act. deed, OF
tther written Instrument, patent and
Hfry. are as herein alleged and such
Mknown persons derive or claim to de-
fIYe their title or claim as c%Onsort,
neirs, devisees, dOnees, alienees, ana
Z Immediate and mesne and remote ana
voluntary or involuntary grantees oil
such named person or persons.
That defendants claim to have some
title, estat or interest In said real es-
tate and that none OF the defendants OF
their ancestors or those under WHOM
they claim have been in possession oil
So NEAA NkAAA1 VI k0AA
anring the last thirty years nor nave
they or any of them at any time
Brought any suit or action to recover oil
contest the title to the same OF
any part thereof.
has vested In plaintiff and those uhiei
Whom he claims title under the proNls-
ions of section i26S of Chapter 4S OF
tie Revised Statutes Of Missouri tol
the year 1899, being section 1854 OF
Chapter II OF the Revised Statutes
isos.
That the title to said real estate
emanated from the United states Gov
ernment in the year 1921; that sous
time prior to the 4th day OF jun ISL
pOssession of said Lot Three 90 ~
Block Forty Three (43) of First Addl-
ton TO the town (now city OF LeXlns-
ton, Missouri. was taken by one Isaac
i. Henderson and one John >. Benson
nader whom plaintiff claims title and
SAID Isaac l.. Henderson and john >
Benson. and those claiming title under
them, have had the actual, open no
torious, continuous, laWful anu peuoe'
able possession of the same ever since
claiming title thereto, and that some
time prior to the 21st day of January
1859 possession OF said lot TWO 90 u
Block Forty Three (4S) of FIRST Audl'
tion to the town (noW city OF LeAlrs
ton aforesaid was taken by one .GeorS'
Farrar under whom plaintiff claims u
lie and thai said George Farrar ant
those claiming under him have had I'M
actual, adverse, open. notorious, contih.
NOUS. lawful and peaoeaoie pU ns titI
That the title to said real estate 4
the year 1888 vas vested In James II
Graham. George Houx, william SpTatI
William Anderson and James Aull ~
trustees Of the company for IN
First) Addition to the town lnow city.
OF Lexington aforesaid with full powe
Of sale and conveyance and with iul
power to appoint trustee or trusteSs d,'
fu vacancies, aid real estate haVlnl
been plated into an addition commonll
known as the First Addition TO Lex
ington, Missouri. -
fhat defendant zaehariah j. Mitchell
was appointed by the surviving trus
tee as 4 trustee and acted as such in
conjunction with the survivors; that al
OF said trustees excepting the SAL
Zachariah j. Mitchell have died leaVlnl
said Zacharlah j. Mitchell as the sol
That Said trustee do not appear OF re
cord to have ever conveyed sad 10
Three (3) of Block FOrty-three ,(foy .
First Addition to said city Of LeN5hi
ton and the apparent ute oil ieSoly !
In said trustees n in the deicluan
Zachariah j. Mitchell but that none o
said trustees have been In possession Q
said real estate or paid any taxes lheIe
ON for more than fifty years ana az ~
time did they or any OF them insli,ut
any action to recover saio Ieal Jsote
\ That John j. Burtis had the TUE I
said Lot Two CD In Flock Forty-thfe
I'D OF First Addition 20 the Gay Z
exington Aforesaid apparently IN W
ear 1852 and died shortly thefeaite
having surviving him heirs at law OF y
aid John J. Burtis the ~ OF Wnol
IRE n TO this plaintiff but ina
neither the said John j. Burtls nor ~
heirs at law or any 81 them nay
Gen in possession Oi said real estat
paid any taxes tlercOn since 7ai
asst yea 1862 and TO- more than ~
ars aud they and nome OF them nav
any time instituted any a-uon 20 are
yer said real estate.
hrhat MARQUIS W. Witlers had som
aim of title 10 and m~ortgaged, q
her lien on said real estate IN ~
1 ,ar 1917 and as "a hereafter liaFln
last viii and testament proDaled }
ae probate court OF Lafayette Count
issouri wherein he bequeatned an
REVISED all his personal y real 81
ate to his wife Mary a. Wltheis au
soluteiy IN fee simple title forever tle
said Mary a.. Mlthefs was WINE q
the death of said Marquis W. wilmer
and received title TO all said persona
and real estate OF sald MARQUIS "
Withers. Tia said Marquis w. " lthei
Ifft no children for their descendant an
said Mary a.. Withers became the ogn
or IN fee simple Of said personal an
real estate.
MAT aid Mary A. Withers died ther,
after leaving as her only child and heI
al law defendant Mary ID. smith WI
by reason thereof became the owner Z
the personal and real estate owned 10
said Mary a. Withers az the time
her death; that said Marquis w. VIII
ors, his heirs or devisees or legatees