University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-09-02

Iii . iedl estate hereinafter described,
executed and delivered certain deed
OF trust thereon, dated September 26,
1913, duly acknowledged and of rec
ord in Book n at page Isl OF the
deed records Of Boone County, Mis-
souri,, which deed of trust was given
to Noah Kingsbury as trustee to Sc
cure to Jere Kingsbury the payment
OF two bonds, one for SS5O.O0, the
other for $4,000; that in the year
1916 said deed of trust was fully dis.
charged and said notes fully paid off
and the said trustee, thinking he had
authority so to do, entered said deed
OF trust satisfied Of record; that the
said Jere kingsbury never acknowl-
edged satisfaction of said deed of trust
on the record nor has any other per-
son for him or having authority en-
tered the same satisfied; that by rea-
son OF said facts said deed of trust
casts a cloud upon plaintiffs title to
so much Of said real estate covered by
said deed Of trust and the unknown
heirs. deyiSees, consorts, alienees and
assignees of said Jere Kingsbury ap-
pear OF record to have an interest
therein. That in the year 1S41 the
said William H. Stapleton, being the
then owner of a large portion of plain
tlff's said described real estate. exc
cuted and delivered a certain deed of
trust thereon, dated January Is, 1S41,
duly acknowledged and of record in
Book X at page 1874 of said deed rec
ords, which deed of trust was given to
Travis Burroughs as trustee to secure
to one William Smith the payment of
bond for sS47.SO; that said bond
and deed of trust have long since
been paid off and discharged. but the
said William Smith neglected to en-
ter the same satisfied of record and
the said deed of trust now remains of
record unsatisfied, by reason whereof
cloud is cast upon plaintiffs title
to so much of said land as is covered
by said deed of trust and the defend
ants, the unknown heirs, devisees, con-
sorts. alienees and assignees of Will
liam Smith, deceased. appear of rec
ord to have an interest therein; that
in the year 1845, George Sexton,
James M. Sexton, Charles E. Sexton
and George Fl. Sexton, being the then
owners of large portion of plaintiffs
said real estate. executed and deliy-
cred certain deed of trust thereon,
dated October 6, 1S45, duly acknowl-
edged and of record in Book p at page
70 of the said deed records, which
deed of trust was given to Noah Kings
bury as trustee to secure to Jere
Kingsbury the payment of divers notes
amounting in the aggregate to $685.
80; that all of said notes were long
since fully paid off and said deed of
trust should have been satisfied of
record, but the same has not been
properly entered satisfied and casts
cloud upon plaintiffs title to so much
of said land as is covered thereby,
and the said unknown heirs, devisees,
conSorts, alienees and assignees of
Jere kingsbury, deceased, appear of
record to have an interest therein;
that by deed dated August 4, 1845,
one George Sexton acquired title to
an undivided one-fourth part of large
portion of plaintiffs said land, but
there is no deed of record from the said
George Sexton, nor from any other
person or persons for him or claiming
under him, for his interest in said land,
by reason whereof his unknown heirs,
devisees, consorts and alienees appear
of record to have an interest therein;
That in the year 1843, William H.
Stapleton. being the owner of a part
Of plaintiffs said real estate, was NAM
ed in a certain execution as Judgment
debtor in judgment purporting to
boyo hoop rocoyorod In tho C;rou;t
Court of Howard County, Missouri, and
said execution was issued to the sheriff
of Boone County, Missouri. and said
Stapleton's interest in plaintiffs real
estate was attempted to be sold I'M
der said execution and a deed made
Hereunder by the sheriff of said Boone
County, dated May 4, 1S43, duly &C
knowledged and of record in Book N
at page 1873 of the deed records of
said County; that said sheriff's deed
was made to one David R. Drake as
grantee therein; that there is moth
ing of record to show whether said
proceedings were regular or not and
it is impossible to know whether or
not said Stapleton's interest passed
by said deed to said Drake; that pend
ing said sale by said sheriff, the said
Stapleton attempted to sell said land
to one William Smith, but the descrip-
ton in his deed to said Smith is so
uncertain that it cannot be determined
what was intended to be conveyed,
saiu deed being of record in Book l. at
page 365 of the deed records of Boone
County, Missouri; that after said sale
by said sheriff, said Stapleton received
a deed from said William Smith for
said land, dated November 9, 1913,
and duly acknowledged and of record
in Book N at page 1873 of said records;
that the description in said last named
deed is also indefinite and uncertain;
that by reason of said facts doubts
have arisen as to the sufficiency Of
said conveyances between said sheriff
and said Drake, and between said Sta
pleton and said Smith, and it cannot
be ascertained for certainty in whom
the title vested hereunder; that by
reason of the aforesaid defects. the un-
known heirs, devisees, consorts and
alienees of William H. Stapleton, de
ceased, of William Smith, deceased,
and of David R. Drake, deceased, re-
spectively, appear of record to have an
interest in so much of plaintiffs said
land owned by said deceased parties;
that by deed dated February "a. 1858,
duly acknowledged and of record in