University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-11-23
ORDER OF PUBLICATION

ORDER Or PObIiCA ION
State of Missouri, County of Boone, IS.
In the Circuit Court. October Term,
1910. November Adjourned Session.
Opal Maxey. Maggie Weldon, Eva
Bradley and Martha E. March, Plain
tifTs, against the unknown heirs, de-
visees, cOnsorts and alienees OF Will
son Cummings. deceased. OF Taylor
Berry, deceased, of James ID. Miller.
deceased, OF Augustus Evans, de-
ceased, and of John Graham, deceased.
respectively, William w. Batterton,
and the unknown heirs. devisees, con-
sorts and alienees OF Jesse G. Long,
deceased, Defendants.
The State OF Missouri to the above
named defendants. Greeting:
Now on this the 22nd day OF No
vember, 1910, in session of term TINE
of the Circuit Court of Boone county.
Missouri, at the November Adjourned
Session of the October Term, 1910 OF
said court. come the plaintiffs here
| in, By their attorneys, and file their
petition in suit herein, duly verified
by the affidavit OF Ralph T. Finley,
agent and attorney for the plaintiffs.
and in said petition state, among other
things, that the interests OF the de-
PENDANTS. so far as they know and are
able to ascertain, are derived from
and made apparent by the following
facts and defects in the record title
to the real estate hereinafter de-
scribed. to-wit: that all that part OF
plaintiffs said real estate lying in
New Madrid Claim No. 1O2, hereinaf-
ter described, was duly patented to
one Wilson Cummings about the year
1921, but there is no deed OF record
from said Wilson Cummings, nor from
any other person or persons for him
or claiming under him, unless it be
a deed from Wilson r. Cummings to
parties under whom the plaintiffs
claim title although plaintiffs have
no knowledge that said Wilson Cum
mings and Wilson T. Cummings are
one and the same person.
That one James d. Miller procured
deed for that part of plaintiffs said
) land lying in said claim by deed dated
} July Goth. 1921, duly acknowledged
: and of record in Book A at Page 245
of the deed records of Boone county
Missouri. but there is no deed OF rec
ord from the said James ID. Miller
l nor from any other person or persons
for him or claiming under him fol
t said land, unless it be deeds from
: Abraham Miller and Constantia ID
: Miller. Plaintiffs, however have NJ
: knowledge as to the relation of sale
f parties to said James d. Miller, no
o do they know if said parties were hi:
/ sole heirs.
: That Augustus Evans appears tt
4 have acquired title to said part o
/ plaintiffs land by two deeds, on,
r dated April 10, 1922, duly acknowl
0 edged and of record in Book B at pag'
t. 491 of said deed records. the othe
4 dated the same date, duly acknowl
d edged and of record in Book B a
n Page 1913 OF said records, but Their
Y is no deed of record from the SAT-
l. Augustus Evans, nor from any othe
:, person or persons for him or claim
e ing under him for said land. unles
d it be deed from Augustus H. or A
l. H. Evans who conveyed the same t
4, parties under whom plaintiffs claim
e although plaintiffs do not know if sal
v Augustus Evans and Augustus H. O
" A. H. Evans be one and the sam
n party.
l. That Taylor Berry acquired title t
said part of plaintiffs land in sal
r New Madrid Claim by deed dated Eel
Is 9th. 1924 from Wilson 7. Cumming
A. or Wilson T. Cumming, duly acknow
,e edged and of record in Book A at Pag
Is 269 OF said deed records, but Their
e. is no deed of record from said TaylO
m Berry, nor from any other person c
g. persons for him or claiming unde
i'd him.
n That John Graham received dee
n for said part of plaintiffs land date
/: May 3, 1928, duly acknowledged an
,r of record in Book A at Page $40 {
Is said records. but there is nc deed {
6. record from said John Graham, NJ
" from any other person or persons fC
id him or claiming under him. unless
As be a deed from one John Grayum I
s. parties under whom plaintiffs clail
ID title. but plaintiffs have no knowlede
g. that these names refer TO same part
Il That William w. Batterton acquire
title to that part of plaintiffs sal
TT land lying in said New Madrid Clail
ID by deed from Andrew J. Fento
O. dated October 3rd, 1867, duly acknow
pr edged and of record in Book 81
st page 3S3 of said records, but there
v no deed or other conveyance of re
a. ord from said William w. Batterto
g. nor from any other person or person
O. for him or claiming under him. Al
.s- plaintiffs further state that said w
is liam w. Batterton is non-residel
q of the State OF Missouri so that II
ri ordinary process of law cannot
is served upon him in this state.
10 That Jesse G. Long acquired tit
q to that part of plaintiffs land herei
Y afer described lying in said Mort
of west Fractional quarter of Section l
of by deed dated December ). 1850, du
10 acknowledged and OF record in Boo
c- T at Page 311 of said deed record
v. but there is no deed or other conve
in lance OF record from said Long for sa
land. nor from any other person
O. persons for him or claiming und,
- him.
NJ The plaintiffs further state that Il