The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1910-10-08

The Unknown heirs OF Martin Fitz1at-
liek, ueceased, the Unknown heirs OF
John j. Burtis, deceased, Zachariah
mitchell as trustee of the company
tnow city, Of Lexington, Missouri. and
Mary Z. Smith, defendants.
Now at this day comes the plaintiff
~ his attorney and files his petition
herein verified by his oath and affida-
Wit alleging among other things thar
plalntltt Is the owner, and is in possess
ION or, and that he n those under
Nhom he claims for more than thirty
years next prior to the filing of the
petltlon herein have been in the possess
sion Of, and have had and held open.
hotorlOus, adveres, continuous, peace
aole ana undisputed possession of. and
mat none OF the defendants during that
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
ana being In the city of Lexington in
me county OF Lafayette and state
OF Missouri tOwit:
Lots numbered Two 90 and Three 90
~ Block numbered Forty-three t43l of
FIRST Addition 10 the town Cnow city, of
Lexington as the same appear upon the
plat OF said Addition on file and of
record in the office of the Recorder of
leeds Tor Lafayette County, Missouri.
Ihat plaintiff claims said real estate as
me owner OF the fee simple title there
70 through, and by, c~onveyanceS from
ana mesne cOuveyances to, the narties
ana original owners herein mentioned
ana their grantees and that he verify be
leNes there are persons who claim to
Oe interested in the subject matter of
ms MS petition whose names he can
not insert therein because they are un-
known to plaintiff; that the claims and
ihteresIs therein OF such unknown part
les and how such claims and interests
dit. derived, so far as known to the
plalntitt, are as herein alleged: that
the names and the persons to whom
such title or claim was last transferred
or vested by government act, deed. or
uther written instrument, patent and
entry, are as herein alleged and such
unknown persons derive or claim 10 de-
rive their title or claim as consort,
heirs, devisees, donees, alienees, and
lhlneulate and mesne and remote II
voluntary or involuntary grantees of
such named person or persons.
mat defendants claim to have some
tltle, estate or interest In said real es-
tate ana that none of the defendants or
thelr ancestors or those under whom
they claim have been in possession OF
said real estate or paid taxes thereon
during the last thirty years nor have
they or any of them at any time
brought any suit or action to recover or
contest the title to the same or
any part thereof.
That the title to said real estate
mas vested in plaintiff and those under
whom he claims title under the provis-
IONS of section 1853 of CHAPTER 4S of
the Revised Statutes of Missouri for
me year 1888, being section 1854 of
Chapter 81 of the Revised Statutes
Of the State OF Missouri for the year
That the title to said real estate
emanated from the United States Gov
eminent In the year 1921; that some
time prior 10 the Attn day of June, 1910
possession of said Lot Three so in
BLOCK Forty Three (43) of First Addi-
tlon 70, the town (now city, of Lexing-
ton. Missouri, was taken by one Isaac
L. Henderson and one John S. Benson,
under whom plaintiff claims title and
Taiu isaac L., henderson and John S.
Benson, and those claiming title under
them, have had the actual, open no
toflous, continuous, lawful and peace
aole possession Of the same ever since
claiming title thereto, n that some
time prior TO the 21st day of January,
1853 possession of said lot Two 90 I'M
Block Forty Three q3) Of First Addi-
non 10 the town (now city, of Licking
Ton aforesaid was taken by one George
Farrar under whom plaintiff claims IL
lie and that said George Farrar and
those claiming under him nave had the
actual, ADVERSE, open, notorious, contin-
uous, lawful n peaceable possession
OF me same ever since claiming title
That the title to said real estate in
Inc year 1893 was vested in James II.
Graham, George Houx, William Spratt,
william Anderson n James Aull as
JUSTICES OF the company for the
tt1rst Addition to the town (now city,
OF Lexington aforesaid with fun power
OF sale and conveyance and with full
power TO appoint trustee or trustees and
III vacancies, said real estate having
been plated into an addition commonly
known as the First Addition to Lex
ington, Missouri.
That defendant Zachariah ]. Mitchell
was appointed by the surviving trus-
tee as a trustee and acted as such in
conjunction with the survivors; that all
OF said trustees excepting the said
Zachariah j. Mitchell nave died leaving
said ~Zachariah J. Mitchell as the sole
surviving trustee.
That said trustee do not appear of re-
cord to have ever conveyed said Lot
three 90 of Block Forty three (43) Of
First Addition to said City of Lexing-
ton and the apparent title of record is
IN said trustees and in the defendant
Aachariah j. Mitchell but that none Of
said trustees AVE been in possession Of
said real estate or paid any taxes there
on for more than fifty years and at no
Time did they or any OF them institute
any action to recover said real estate.
That John j. Burtis had the title to
SAID Lot Two % In Block ~Forty-three
t43) OF First Addition to the City Of
IeSlhgs s51 Aforesaid apparently in the
leaving surviving him heirs at law Of tn
said John J. Burtis the names OF whom
are unknown TO this plaintiff but that
neither the said John J. Burtis nor his
heirs at law or any Of them have
been IN possession of said real estate
or paid an. taxes thereon since sal
last year 1862 and for more thar fit
years and they and none OF them have
! al any time Instituted ans action to re-
cover said real estate.
That Marquis w. Withers had some
claim OF title to and m~ortgaged, of
ether lien on said real estate IN the
year lS47 and died thereafter leaving
a last will and testament probated In
the probate court Of Lafayette County
Missouri wherein he bequeathed and
tate to his wife Mary A.. Withers abb
solute!y in fee simple title forever: that
said Mary a. Withers was living at
the death Of said Marquis W. Wlthers
and received title to all said personal
and real estate OF said Marquis w.
Withers; hat said Marquis w. Withers
left no children for their descendants an
said Mary A. Withers became the own-
er In fee simple Of said personal and
real estate.
That said Mary A. withers died there
after leaving as her only child and heir
at law defendant Mary Il. Smith who
by reason thereof became the owner OF
the personal and real estate owned by
said Mary A. Withers at the time or
her death; that said Marquis w. With
ers, his heirs or devisees or legatees at
nave not nor has defendant Mary H..
smith, been IN possession OF said
real estate, being the said Lots Two
~ and Three CD In said Block Forty