University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-09-06
ORDER OF PUBLICATION

ORDER OF PUBLICATION
State of Missouri, County of Boone, IS.
In the Circuit Court, in vacation be-
fore October Term, 1910.
| Thomas Frederick Whitesides,
Plaintiff, against The unknown heirs,
devisees, consorts and alienees of John
r. 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 60, Book 80 at Page
167, Book 80 at Page ITO, and Book
~ 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-
son OF said facts the defendants, the
unknown heirs, devisees, consorts and
aiienees appear of record to be inter-
ested in said land. That in the year
1869 Robert c. Wall and Anna 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 s, 1869, said Wall
and wife conveyed said land to Allen
+. Burnam 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 s, 1872, and of
record in Book 45 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 suffi-
cheney of same to pass whatever title
said Wall 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
OF said Wall and wife in said land,
the defendants, the unknown heirs, de-
visees, consorts and alienees of said
Wall and wife, respectively, appear of
record to have an interest therein and
cloud is cast upon plaintiffs record
title; that the said Robert C. Wall and
Anna E. Wall are both long since de-
ceased, but whether they or either of
them died testate or intestate is to
the plaintiff unknown. And the plain
tiff further states that he verify be-
lieves that there are persons interested
In or who claim to be interested in
the subject matter of this petition as
heirs, devisees, consorts and alienees
OF John F. Burnam, deceased, of Rob-
ert c. Wall, deceased, and of Anna
r. Wall, deceased, respectively, whose
names and places of residence are to
plaintiff unknown and whose names he
cannot insert herein because unknown
to him; that said unknown defendants
derive or claim to derive their title
or claims as consorts, heirs, devisees,
alienees or immediate, mesne or re.
mote voluntary or involuntary grantees
lof such ancestors or predecessors in
title; and that he has described the
Interests Of such unknown defendants
and how derived, SO far as his knowl
ledge extends.
1t Is therefore ordered by the clerk
Of said court, in vacation, that the said
defendants be notified by publication
that the plaintiff, by petition herein
filed, of date August goth. 1910, has
commenced against them an action al
law and in equity, the immediate OBJ
lject and general nature of which is
to enforce and establish lawful right
claim and demand to and against Ger
tain real estate within the jurisdic
ton Of this court, to-wit, an action tt
obtain decree of this court declar
ing perfect and absolute the record
title Of this plaintiff, by limitation, IL
and to the following described rea
estate, lying, being and situate il
; Boone County, Missouri, to-wit: Eigh
lty (S0) acres, more or less, the Eas
half of the Southeast quarter of Sec
ton Thirty, in Township Fortnight
Of Range Twelve.
, 1t is further ordered that said de
PENDANTS be and appear in this cour
lon the first day of the next tern
thereof to be holden at the Cnur