University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-08-31
ORDER OF PUBLICATION

Sldte vi MlSSOuTl, EQUITY OI Boone, SIS.
In the Circuit Court, in vacation be-
fore October Term, 1910.
George w. Keene. Plaintiff, against
the unknown heirs. devisees, con-
sorts and alienees of William Kirtley,
deceased, of William c. Herne, de-
ceased, of Richard K. Herne, deceased
Oh Maria Kirtley, deceased, of Paskel
kirtley, deceased, and of Elijah Kirt-
ley. deceased. respectively; the ur-
known assignees of Bette E. Scott;
the unknown assignees of Bette H.
Thrasher; and Bette H. Thrasher, De-
PENDANTS.
The State of Missouri, to the above
named unknown and nonresident de-
PENDANTS. Greeting:-
Now on this the 10th 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 Ralph T.
Finley, agent and attorney for the
plaintiff, and in said petition states
among other things, that in the year
1S47 one William Kirtley filed suit in
the Circuit Court of Boone County.
Missouri, against Mary Cave, William
Cave, her husband, Maria Kirtley, Pas
KEEL Kirtley, Elijah kirtley, William c.
Herne and Richard K. Herne for par
tition of the real estate hereinafter
described, among said parties who
were then owners of the same as heirs
of William Cave, deceased, and said
suit was prosecuted to final Judgment
said real estate was ordered sold, a
sale thereof was made and deed
therefor was executed and delivered to
said William Kirtley, as the purchaser,
by William T. Hickman, Commissioner
of said court, said deed being dated
February 23rd, 1850, duly acknowledge
ed and of record in Book Y at Page
40 of the deed records of Boone Coun-
ty, Missouri, but plaintiff states that
there is no deed of record from said
William Kirtley since the date he &C
quired title under said proceedings
and deed, nor from any other person
or persons for him or claiming under
him. to anyone; that during the pen
|dency of said suit said William T..
Hickman procured a deed from said
William Kirtley and other parties to
said suit covering said land, and there
by indirectly purchased at his own
sale as commissioner, so that doubts
have arisen as to the validity of said
deed to said William I. Hickman, and
a cloud is cast upon plaintiffs rec
ord title, and the defendants. the un-
known heirs, devisees, consorts and
alienees Of said William Kirtley, de-
ceased, appear of record to have an
interest in said real estate. That said
partition proceedings were defective
in that the defendants in said suit
were not properly served with pro-
cess therein; that said Maria Kirtley
was served with process by the sheriff
of Boone County. Missouri, but the
return on the summons by said sheriff
is defective in that it does not show
that said service was made in Boone
) County, Missouri; that said William
, C. Herne, Richard X Herne, Paskel
kirtley and Elijah Kirtley were non
residents of the State of Missouri at
the time of said suit. and service was
2 attempted against them by an order
of publication. but plaintiff states that
the records of said court do not show
any basis for said order of publication,
5 no affidavit of non-residence being
+ made and no summons was ever is
: sued to Boone County. and no guard
ian ad Item was ever appointed fol
William C. Herne and Richard X
Herne, who were minors without any
: legally appointed guardian; that b!
0 reason of said defects said defend
i ants Maria kirtley. Paskel kirtley
:, Elijah Kirtley. William c. Herne ant
u Richard X. Herne were not divestet
q of title by said suit, and the court &C
g quired no jurisdiction over them there
>. in; that said proceedings were furthe
defective in that the petition filet
, therein was not sworn to and did no
It describe the land sought to be part
s toned; that by reason of the premises
q the defendants, the unknown heirs
= devisees, consorts and alienees of WI
% liam C. Herne, deceased. of Richar
E. K. Herne, deceased, of Maria Kirtley
deceased, of Paskel Kirtley, deceased
and of Elijah Kirtley, deceased, re
spectively, appear of record to hav
. an interest in said land, and clou
. is thereby cast upon plaintiffs recor
u title thereto; that there is no dee
( or other conveyance of record fror
D. said William, c. Herne. Richard +
a. Herne. Maria Kirtley, Paskel Kirtle
- and Elijah Kirtley, nor from any othe
T. person or persons for them or claimin
q under them, or any of them for sal
le land; that the said William kirtle.
n William c. Herne, Richard X. He' II
=, Maria Kirtley, Paskel Kirtley, IN
.. Elijah Kirtley are all long since d
, ceased. but whether they or any {
them died testate or intestate is
2. plaintiff unknown; that whatever il
terest the defendants, the unknow
= heirs, devisees. consorts and alienee
of William Kirtley. deceased, of Wi
d. liam c. Herne, deceased. Of RichaI
ne K. Herne, deceased, of Maria Kirtle
deceased. of Paskel kirtley, decease
a, and Of Elijah Kirtley. deceased, r
;, spectively. may have in said real e
" tate would be such as they migl
Lot hoirc doricaoc rnpCprfc mr.