University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-08-17
ORDER OF PUBLICATION

O''o@'s W ooIiSfN WV
State of Missouri. County of Boone. IS.
In the Circuit Court. in vacation be-
fore October Term. 1910.
John c. Schwabc. Plaintiff. against
the unknown heirs. drviSecS. consrrtS
and alienecs of William C. Hcrnc. de
ceased. of Richard X ilrrnr. deceased
OF Maria kirtley. deceased. OF paskrl
| kirtlev. deceased. and OF Elijah kirt-
ley, deceased. Defendants
The State of Missouri. to the above
named defendants, Greeting:-
Now on this the 9Th day OF August.
1910, in vacation before the October
Term, 1910. of the Circuit Court OF
Boone County. Missouri. comes the
plaintif herein. by his attorneys. and
files his petition in suil herein. duly
verified by the affidavit of the plaintin.
and in said petition states. among 9th
or things, that the interests of tn" I'M
known defendants. 50 far as plaintifr
Is able to ascertain. are derived from
the following facts. and made appar-
rnt by the following defects in the
record title to the real estate herein
after described, to,wit:
| That in the year 1917 one William
klrtley filed suit in the Circuit Court
of Boone County, Missouri, against
the respective ancestors of the un-
known defendants, to-wit against Will
liam &. li"rnr. Richard X Il"rnn Ma
ria kirtlcy. Paskrl Kirtley. and Eli
jan kirtl"y. and others, for partition
OF the real estate hereinafter Described
among said parties who derived owner
| ship OF same as heirs and legal repro
Scntativ"s of William Cave, deceased
and said SHIT was prosecuted to final
Judgment. and said real estate was
ordered sold. Il sale thereof was made
| by William +. Hickman. Commissioner
OF said Court. and deed mad" by
said Commissioner to William kirtlev
whose title has vested in the plaintiff
ana those under whom he claims But
the plaintiff states that said partition
proceedings are defective in the fol
lowing particulars. towit: that the
petition in said cause was not sworn
to and did not describe the real estate
sought to be partitiOned as required
| by law; that Maria kirtley. one of
said parties to said suit was served
with process by the sheriff of Boone
! County. hut the return on the sum
mons made by said sheriff is defective
| in that i. does not show that said ser
| vice was made in Boone County Mis-
souri,; that said William G. Hcrne.
Richard X. Hernn. paskel kirtlcy and
| Elijah Kirtley We're notified of the OBJ
| ject and pandency of said suit by pub
| LEGATION. but the records of said court
do not show any basis for the order
of publication by affidavit and no sum
mons was ever issued for said defend
ants to Boone County. and no guard
ian ad Item was ever appointed for
William {. Ilcrne and Richard X
| IIerne. who were minors without any
legally appointed guardian; that by
reason of the aforesaid defects said
proceedings are irregular. and no jul
rsdiction was obtained by said court
over said parties defendant to said
suit, and no title passed by said COM
mssiOncrs deed in partition.
Plaintiff further states that there is
no deed or other conveyance OF rec
lord from said William G. lIerne. Rich
ard X. Herne Maria Kirtley, Paskcl
ikirtley ami Elijah Kirtley, nor from
any other person or persons for them
Iva 'h'Ii, WI any VI
them; that all of said last named par
ties are now long since deceased. but
whether they. or any of them. died
itestate or intcStatc. is to plaintiff
wholly unknown; and that by reason
of said facts, the defendants, the un.
known heirs. deviSceS. cOnsortS and
ialiences of William G. Hernr. de-
ceased. of Richard X. Herne, deceased,
of Maria kirlley. deceased. of faskel
kirtley, deceased. and of Elijah Kirt-
ley, deceased, appear OF record to have
an interest in said real estate. which
interest is such as they might claim
iby inheritance, or devise. or rs con
sorts and alicnecS of said deceased
lparties, respectively. Plaintiif further
states that the names and places of
residence of the heirs. deviseos, con
sorts and alienecs Of said William e..
Eierne, deceased. Richard X Hernc,
deceased Maria Kirtlcy, deceased,
PaSkel kirtley, deceased, and of Eli
ljah kirtley, deceased. respectively, are
to the plaintiff wholly unknown; that
he verify believes that there are such
persons interested in the subject mat
ter of this petition whose names he
cannot insert herein because they are
unknown to him, and that he has de-
Scribed the interests of said unknown
defendants, and how derived, so far
las his knowledge extends.
1t is therefore ordered by the clerk
OF said Court. in vacation. that the
said defendants be notified by publi-
catiGh that the plaintiff, by petition
herein filed. of date August 9th, 1910,
has commenced against said defend
ants an action al law ANA in equity,
the immediate object and general ma
ture OF which is to enforce and cs-
j'abliSh a lawful right, claim and de-
Imand To and against certain real rs-
tate within the jurisdiction OF this
court, tO-wit, an action to obtain a
decree of this court declaring per-
feet and absolute the record title OF
this plaintiff. by limitation, in and TO
the following described rea. estate,
lying, being and situate In Boone
County. Missouri, tO-wit: 1924 acres.
more or loss, being all that part Of
he Northwest quarter of Section >,
in Township is. OF Range II, that lies
East of the Boone County and .Jeffer-
ison City Railroad except - acres in