University Missourian., 1910-09-22


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ORDER OF PUBLICATION
State OF Missouri, County of Boone, ss
In the Circuit Court, in vacation be-
fore October Term, 1910.
Thomas Frederick Whitesides,
Plaintiff, against The unknown heirs,
deyisees, consorts and alienees Of John
F. Burnam, deceased, of Robert C..
Wall, deceased, and of Anna E. Wall,
deceased, Defendants.
The State of Missouri. TO the above
named defendants, Greeting: =
Now on this the Goth day of August,
1910, in vacation before the October
Term. 1910. of the Circuit Court of
Boone County, Missouri comes the
plaintiff herein, by his attorneys, and
files his petition in suit herein, duly
verified by the affidavit of plaintiff,
and in said petition states, among 9th
er- things, that in the year 1868 one
John F. Burnam acquired title to the
real estate hereinafter described by
certain deeds dated in that year, all
duly acknowledged, and Of record in
Book 40 at Page SO, Book 3S at Page
l67, Book 80 at Page ITO, and Book
80 at Page 255 of, the deed of records
Of Boone County, Missouri; but plain
tiff states that there is no deed of rec
Ord from the said John F. Burnam,
nor from any other person or persons
for him or claiming under him, for
said land; that the said John F. Bur
nam is now long since deceased, but
whether he died testate or intestate is
to plaintiff unknown; and that by rea.
sbn Of said facts the defendants the
nhknown heirs, devisees, consorts and
alienees appear Of record to be inter.
Asted in said land. That in the year
1869 Robert C. Wall and Anpa E. Wall,
His wife, were In possession of said
real estate, as plaintiff is informed
and believes by purchase from said
John F. Burnam, but there is no deed
of record to them; that by deed OF
trust dated March 8, 1869, said Wall
'and wife conveyed said land to Allen
8. eBurnam as trustee to secure to
said John F. Burnam the payment
of note for $4,000; that default
was made in the payment Of said debt
under the terms of said deed of trust
and said trustee sold said real estate
to pay same under the terms of said
deed, and deed was made and exc
cuted by said trustee to the purchaser
Robert McCasky, under whom plaintiff
claims title, which deed to said Nc
Casky is dated April 8, 1872, and oi
record in Book As at Page 239 of the
deed records Of said County; that said
trustees deed is defective on account
of imperfect recitals as to the notice
Of sale required by said deed of trust
and doubts have arisen as to the sufh
cheney Of same to pass whatever title
said Walk and wife had in said land;
that by reason Of the imperfections
in said foreclosure proceedings and by
reason Of the apparent claim of record
fof said Wall and wife in said land
the defendants, the unknown heirs, de
visees, consorts and alienees of sait
Wall and wife, respectively, appear O
record to have,an interest therein ant
Ia cloud is cast upon PLAINTIFFS record
title; that the said Robert G. Wall ami
Anna E. Wall are both long since de
ceased, but whether they or either o
them died testate or intestate is t,
the plaintiff unknown. And the plain
}tiff further states that he verify be
lieyes that there are persons intereste,
I IN or who claim to be Interested IL
the subject matter Of this petition a
heirs, devisees, consorts and alienee
of John F. Burnam, deceased, of Rob
ert C. Wall, deceased, and of Ann,
E. Wall, deceased, respectively, who's.
names and places Of residence are t,
1plaintin unknown and whose names b.
cannot insert herein because unknown
to him; that said unknown defendant
derive or claim to derive their it'll
or claims as consorts, heirs, devisees
talienees or immediate, mesne or re
mote voluntary or involuntary grantee
of such ancestors OF. predecessors IL
title; and that he has described tn
interests Of such unknown defendants
and how derived, SO far as his knowl
edge extends.
:. It is therefore ordered by the clerl
of said court, In vacation, that the sat
defendants be notified by publication
THAT the plaintiff, by petition hereil
fled, Of .date August S0th. 1910, xha
commenced against them an action q
/ law and In equity, the imnSdiate OF
ject and general nature Ofwhich I
to enforce and establfsh . lawful right
claim and demand to and against Gel
tain real estate within the turisdit
tion Of this court, t0rvft. an action b
0btain decree OF this court declal
ing perfect and absolute the recor'
little of this plaintiff. by limitation, Il
and to the following described rea
estate. lying. being and situate II
Boone County, Missouri. to-wit:s Eigh
lty. (s0) acres. more or less. the Eas
half Of the Southeast quarter Of Sec