University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-11-30
ORDER OF PUBLICATION
State of Missouri, County of Boone

1910. November Adjourned Session.
|. r. 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 Novem-
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 a certain promissory note.
dated December s, 1924, for the sum
Of S650.00; that the said Thomas Dudley
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 We're paid off and
discharged, but no release of said
mortgage has ever been entered of
record, by reason whereof a 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
80, 1924, which is OF record in Book A
at page 369 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
said Trustees, and that there is nc
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 sale
Thomas Duley is now long since de
ceased, but whether he died testatt
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, deViSeeS, con
sorts, alienees, legatees and assignee.
OF said Thomas Duley. deceased. who's,
names and places of residence are t.
plaintiff unknown and whose name:
he cannot insert herein because un
known to him; that said unknown par
ties derive or claim to derive theil
title or claims as heirs, devisees, con
sorts, alienees, legatees and assignee.
or immediate, mesne or remote, vol
untary or involuntary grantees of salt
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 O
the petition as trustees of the Tow
OF Smithton, or as successors or alien
ees of said Trustees of the Town o
Smlthton, 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 clair
to derive their title or claims as sue
trustees under said patent. or as SUI
cessors or alienees, or immediate
mesne or remote, voluntary or invo
untary grantees of said Trustees G
the Town of Smithton; and the plai1
tiff further states that he has d.
scribed the interests of all of the d.
PENDANTS herein, and how derived, S
FAR as his knowledge extends.
1t is therefore ordered by the cour
that the said defendants be notifie
by publication that the plaintiff,
petition herein filed, of date Noven
Der 22nd, 1910, has commenced agains
them an action at law and in equit!
the immediate object and general n;
ture Of which is to enforce and e!
tablish lawful right, claim and d.
mand to and against certain real e!
tate within the jurisdiction of thi
court, to-wit, an action to obtain a d.
cree of this court declaring perfeC
and absolute the record title of thi
plaintiff, by limitation, in and to tn
following described real estate, lyin,
being and situate in Boone count.
Missouri, to-wit: The North half {
Lot Number One Hundred and Fort
Four in the original Town, now cit.
of Columbia, according to the recorde
plat of said town, and that said NOR
gage deed be declared fully discharge
by lapse of time and limitation.
1t is further ordered that said d
PENDANTS be and appear in this cour
on the first day of the next teri
thereof. to be holden at the cou