Alma record. (Alma, Mich.) 1878-1928, 1910-06-30

deViSeeSy legateeS and assigns,
Abba +. Burrill, or her unknown heirs,
devisees, legatees and assigns,
Marie b. Merrill, or her unknown
heirs, devisees, legatees and as
signs,
Defendants
Suit pending in the Circuit Court for
the County of Gratiot, in Chancery, at
Ithaca, on the 18th day of May, A. ID.
1910.
a bill of complaint having been filed
in this Court by the above named COM
plainants, against the above named
ana unnamed defendants, which saio
suit is brought 10 quiet the title to
lands situated in said county of Gra-
tot and described in said bill of COM
plant as: All of the northwest one
quarter ca of section thirty five $3.50,
town twelve (l2) north, range three
CD west, in the said State of Michi-
gan, excepting therefrom eleven and
forty-hve one hundredthS III. 45) acres
in the southeast corner thereof, de-
scribed as follows Beginning at a
post in the center of said section
quarter line, nine CD chains, to the
center of the channel of Pine River;
thence down said stream, in the mid
die of the channel Of said river, to the
north and south quarter line of said
section; thence south, on the quarter
line. sixteen Go chains, to the place
of beginning.
And said bill Of complaint having
above named, stating under oath that
said affiantS do not know, and have
been unable, after diligent search and
inquiry TO ascertain the names of the
persons who are included as defend
ants herein without being named; and
IT satisfactorily appearing TO the
Court by the affidavit of John c. Wat
son, on file, that the defendant Ellen
|. Burrill is not a resident of this state,
but resides in Ceritos, in the Republic
Of Mexico; that the defendant Cortez
II. Burrill is not a resident of this
state, but resides in Bethold, in the
state of North Dakota; that defendant
Rebecca NJ. Burrill is not a resident
of this state, but resides in Milledge
Vile, in the state of Kentucky; that
defendant Thomas ID. Merrill is not
resident of this state but resides in
Duluth, in the state of Minnesota; that
defendant Dwight $ Merrill is not a
Seattle, in the state of Washington;
that defendant Myra j. Henry is not a
resident of this state, but resides in
the state OF California;; and that de-
PENDANT Chicago, Saginaw & Canada
hallway company Ca corporation), has
ceased to do business and to keep up
It's organization by the appointment
of officers, or otherwise. and that none
OF the persons who were the last pre-
siding officer, president cashier, sec
rotary or treasurer of said defendant
corporation now reside within the
state of Michigan;
And if further satisfactorily appear
ing 10 the Court by said affidavit Of
said compliments and by the allega-
lions of said bill OF complaint, so
sworn to as aforesaid. that, as 10 de-
PENDANTS L. Tracy Howe, Sarah r.
Howe and Abbie f. Burrill, il is not
known whether they, or any of them,
are living or dead, or where they, or
any of them. may reside, if living, or
whether the titles to said lands acquir-
ed by said last named defendants. re-
spectively, as in said bill of complaint
fully set forth, has or have been by
them, or any of them, assigned to any
person or persons, or, if dead, whether
they, or any of them, have personal
representatives or heirs living. or
whore they, or any Of them, may re-
side or whether such titles, or any Of
them, have been disposed of by will;
Burrill and Marie Il. Merrill, they, and
each Of them are known to be dead. as
in said bill of complaint more particul-
arly set forth, and that such of those
persons who might claim under said
last named defendants as are known,
have been named AS defendants in this
suit, and that it is not known
whether there may be personal repre-
sentatives or heirs of said Abba T..
Burrill and Marie b. Merrill living,
other than those named herein as de-
PENDANTS, or whether the titles in said
lands acquired, respectively, by the
said Abba r. Burrill and Marie h.
Merrill, as in said bill of complaint
set forth, have or has been by them,
vi eltHeG Oh them assigned TO any per-
son or persons, or disposed of by will.
except as fully set forth in said bill of
complaint.
on motion of J. Lee Potts, solicitor
the said defendants Ellen /. Burrill,
Cortez II. Burrill, Rebecca NJ. Merrill,
Thomas ID Merrill, Dwight S. Merrill,
& Canada Railway company Ga cor
poration); and that the said defend
ants T.. Tracy Howe, Sarah T. Howe,
and Abbie f. Burrill. and all persons
who claim. or may or might claim, I'M
der the said L. Tracy Howe, Sarah Il.
Howe and Abbie +. Burrill, or any of
them; and that all persons who claim.
Burrill and Marie b. Merrill, both de-
ceased, or either of them they. and
each OF them. cause their appearance
to be entered herein within five
months from the date of this order,
and In case of his or their appearance,
that he or they cause his or their an
swer or answers to complainants' bill
of complaint to be fled and a COPY
or copies thereof to be served on com
plainants' solicitor, within twenty days
after service on him or them OF a copy
or copies of said bill and notice this
order; and that, in default thereof, said
bill be taken as confessed by the said
nonresident and unnamed defendants,
or so many of them as shall be so in
default
And it is Further Ordered, That.
within twenty days after the date
hereof the said complainants cause a
notice of this order to be published in
the Alma Record, a newspaper printed.
published and circulating in said coun-
", and that such publication be con-
tinued therein at least once in each
week for six weeks in succession, or
that they cause copy of this order
to be personally served on said nom
resident defendants. and on said un-
named defendants at least twenty days
before the time prescribed for their
appearance.
Dated May 18th, A. D. 1910
KELLY s. Scarf,
Circuit Judge.
This suit is brought TO quiet the
title Of lands described in said bill of
complaint follows. TO wit:
All OF the northwest e-quarter
ca OF section thirty-five $3.50, town
twelve G2) north, range three (3)
west in the said state OF Michigan.
excepting therefrom eleven and forty
five one hundredths G1.45) acres in
the southeast corner thereof. described
as follows: beginning at a post in
the center of said section thirty-fve
(35); thence west on the quarter line.
nine CD chains. to the center of the
channel of Pine River: thence down
said stream, In the middle of the chan