University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-12-14
ORDER OF PUBLICATION

State of Missouri, County of Boone IS
In the Circuit Court, October Term,
1910. November Adjourned Session.
!. It. Vannote, Plaintiff, against the
unknown heirs, devisees, consorts
alienees, legatees and assignees of
Thomas Duley, deceased, the unknown
Trustees of the Town of Smithton, and
the unknown successors and alienees
of the Trustees of the Town of Smith
ton. Defendants.
The State of Missouri, to the above.
named defendants, Greeting:
Now on this the 22nd day of Noyem.
her, 1910, in session of term time of
the Circuit Court of Boone county
Missouri, at the November Adjourned
Session of the October Term, 1910, of
said court, 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 the interests of the defendants
SO far as he knows and can ascertain
are derived from and made apparent
by the following defects in the record
title to the lot hereinafter described.
to-wit: That on December End, 1924,
Samuel Wall, being the then owner
of said described real estate, executed
and delivered to Thomas Duley his
certain mortgage deed OF that date,
covering said real estate, which deed
was duly acknowledged and is of rec
ord in Book A at page 361 Of the deed
records of Boone county, Missouri;
that said mortgage was given to Sc
cure to said Thomas Duley the pay
ment of certain promissory note.
dated December s, 1924, for the sum
of $4,000; that the said Thomas Duley
nor any other person or persons for
him or claiming under him have never
made any claims under said mortgage.
and plaintiff is informed and believes
and so charges the fact to be that said
mortgage and note were paid off and
discharged, but no release of said
mortgage has ever been entered of
record, by reason whereof cloud is
cast upon plaintiffs record title to
said real estate; that the land upon
which plaintiffs said lot is located
was patented by the United States of
America to the Trustees of the Town
Of Smithton, by patent dated August
%, 1924 which is of record in Book A
at page 1863 of the deed records of
said county; that there is nothing of
record in said county to show who the
Trustees of the Town of Smithton
were, nor what were their powers and
duties; that there is nothing of rec.
ord in said county to show who, if any
there were, were the successors OF
SQid and that fbara &c NJ
conveyance of record from said Trus
tees TO anyone for said lot so far as
said records show, by reason whereof
cloud is cast upon plaintiffs record
title to said real estate: that the said
Thomas Duley IS now long since de
ceased, but whether he died testate
or intestate is to plaintiff unknown;
that plaintiff verify believes that there
are persons interested in or who claim
to be interested in the subject matter
OF this petition as heirs. dcvisees, con
sorts, alienees, legatees and assignees
OF said Thomas Duley. deceased. whose
names and places OF residence are tC
plaintiff unknown and whose names
he cannot insert herein because un
known to him; that said unknown par
ties derive or claim TO derive their
title or claims as heirs, devisees, con
sorts, alienees, legatees and assignees
or immediate, mesne or remote vol
untary or involuntary grantees OF said
Thomas Duley. deceased; that he yer
lily believes that there are also per
sons interested in or who claim t
be interested in the subject matter OF
the petition as trustees of the Tow
Of Smithton, or as successors or alien
ees OF said Trustees of the Town O.
Smithton, whose names and places o.
residence are to plaintiff unknown
and whose names he cannot inser
herein because unknown to him; tina
said unknown parties derive or claim
to derive their title or claims as sucl
trustees under said patent. or as sue
cesSors or alienees, or immediate
mesne or remote, voluntary or invol
untary grantees of said Trustees O
the Town Of Smithton; and the plain
tiff further states that he has de
scribed the interests of all OF the de
PENDANTS herein, and how derived, 81
far as his knowledge extends.
1t is therefore ordered by the cour
that the said defendants be notified
by publication that the plaintiff, b!
pVtitioh I'll udlc .NONtill
Der 22nd, 1910, has commenced agains
them an action at law and in equity
the immediate object and general ma
ture OF which is to enforce and es
tablish lawful right, claim and de
mand to and against certain real es
tate within the jurisdiction of thi,
court, to-wit, an action to obtain de
cree of this court declaring perfec
and absolute the record title of thi!
plaintiff, by limitation. in and to the
following described real estate, lying
being and situate in Boone county
Missouri, to-wit: The North half O
Lot Number One Hundred and Fort!
Four in the original Town, now city
OF Columbia, according to the recorded
plat of said town, and that said mort
gage deed be declared fully discharged
by lapse of time and limitation.
1t Is further ordered that said de