University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-08-10
ORDER OF PUBLICATION

State OF Missouri. County Of Boone. SIS.
In the Circuit Court. in vacation be-
fore October Term. 1910.
John G. Schwabe. Plaintiff, against
the unknown heirs. deviSeeS. cOnsorts
and alienees OF William c. Herne. de-
ceased, OF Richard X Herne, deceased.
OF Maria kirtlay. deceased. of Paskel
Nir'ley. deceased. and of Elijah kirt-
ley. deceased. Defendants.
The State of Missouri. to the above
named defendants. Greeting:-
Now on his the 9th 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
niles his petition in suit herein. duly
verified by the affidavit OF the plaintiff
and III said petition states. among 9th
or things. that the interests of the I'M
known defendants. so lar as pl.intiff
is able to ascertain. are derived from
the following facts. and made appar-
cnt by the following defects in the
record title TO the real estate herein
after described. Io-wiu:
That in the year 1&41 on" William
kirtley filed suit in the Circuit Court
81 Boone County. Missouri. against
the respective ancestors of the mn
known defendants. to-wit. against VIII
liam G. Herne. Richard X. Hcrne. Ma
ria kirtley. PaSkcl Kirtley. and Eli
Jan klrt!"y, and others. for uartit ion
of the real estate hereinafter Described
among said parties Who derived owner
ship of same as n"irs and legal repre-
Scn,atiVpS Of William Cave, deceased
and said suit was prosecuted to final
and said real estate was
ordered sold. a sale thereof was made
by William T. Hickman. Commissioner
OF said Court. anu q deed made by
said Commissioner to William Kirtlcv
who's" title has vested in the plaintiff
and those under whom he claims. But
the plaintiff states that said partition
are defective in the fol-
lowing particulars. to-wit: that the
petition in said causr was NOT sworn
TIC and did not describe the rca! estate
sought to he rtilionod as required
by law; that Maria Kirtley. one of
said parties to said suit. was served
with process by the sheriff OF BoGna
County, but the return on the sum-
mons made by said sheriff is defective
in that il does not show that said ser
vice was made in Boone Comfy. Mis-
souri,; that said William G. Herne
Richard X. EIerno. PaSkrl Kirticy and
Elijah Kirtley We're notified OF the OBJ
ject and pendency of said suit by pub
LEGATION. but the records of said court
do not show any basis for the order
OF publication by affidavit and no sum-
mons was ever issued for said defend
ants tG Boone County. and nc guard
ian ad Item was ever appointed for
William G. l1erne and Richard n.
lierne. who We're minors without any
legally appointed guardian: that by
reason OF the aforesaid defects said
are irregular. and no jill
iisdictiOn was obtained by said court
over said parties defendant to said
suit. and no title passed by said COM
deed in partition.
Plaintiff further states that there is
no deed or other conveyance of rec
ord from said William c. Hcrnc. Rich
ard X. Herne Maria kirtlcy. Paskel
Kirtlcy and Elijah kirtley, nor from
any other person or persons for them
or claiming under them. or any of
them; that all of said last named par
ties are now long since deceased. hut
they. or any Of them. died
testatc or interstate. is to pia intii
wholly unknown; and that by reason