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

State of Missouri. County OF Boone. SIS.
In the Circuit Court. in vacation be-
fore October Term. 1910.
George w. Keene. Plaintiff. against
the unknown heirs. devisces. con
sorts and aliences OF William Kirtley,
deceased, of William G. Herne. de-
ceased. of Richard X. Herne. deceased.
Oh Maria Kirtley. deceased. of Paskel
Kirtley. deceased. and of Elijah kirt-
ley, deceased. respectively; the m
known assignces of BETTE +, Scott:
the unknown assignres 81 Bette Fl.
Thrasher; and Bette II. Thrashcr. De
PENDANTS.
The State of Missouri. to the above
named unknown and nonresident de
PENDANTS. Greeting:-
Now on this the 18th day of August.
1910. in vacation before the October
Term. 1910, of the Circuit Court of
Boone County. Missouri. 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 in the year
1877 one William Kirtley filed suit in
the Circuit Court of Boone County
Missouri, against Mary Cave. William
Cave. her husband, Maria kirtley. Pas
KEEL Kirtley, Elijah Kirtley, William c.
Herne and Richard X. Herne for par
tition of the real estate hereinafter
described, among said parties who
were then owners of the same as heirs
of William Cave, deceased, and said
suit was prosecuted to final Judgment,
said real estate was ordered sold, Il
sale thereof was made and deed
therefor was executed and delivered to
said William Kirtley. as the purchaser,
fby William T. Hickman. Commissioner
of said court. said deed being dated
February 23rd. 1850, duly acknowledg
ed and of record in Book \ at Page
40 of the deed records of Boone Coun
tty. Missouri, but plaintiff states that
there is no deed Of record from SAID
William kirtley since the date he &C
uuired title under said proceedings
and deed, nor from any other person
fDr persons for him or claiming under
Thin, to anyone; that during the pen
dency of said suit said william l.
Hickman procured deed from said
1Wfliam K!rtley and other parties tt
I said suit covering said land, and there
| Inv indirectly purchased at his OWL
Gale as commissioner, so that doubts
I,.ve arisen as to the validity OF SAID
| deed to said William T. Hickman. and
n cloud is cast upon plalntlh rec
/ ord title. and the defendants. the un
known heirs, deyisees. consorts ana
aHenees or SAID William kirtley. de
lceased. appear of record to have an
interest in said real estate. That SAID
partition proceedings were aeiecl''t
lin that the defendants IN sald sun
were not properly served win pro
cess therein; that said Maria hlrtles
twas served with process by the shor!i'
of Boone County, Missouri. but Inc
iretbrn on the summons by said sheriff
is defective in that it does not sho"
that said service was made i'll Boone
County. Missouri; that said William
1C. Herne. Richard * Herne' fash'
Kirtley and Elijah Kirtley were non
Presidents of the State OF Missouri a
1.-THE time of said suit. and service va:
fattempted against them by an orhe'
NJ notification, hut plaintltf states ina
tho records of said court do not Sho"
any basis for said order of publication
mo affidavit of non-reSidcnce Delhs
made and no summons was ever Is
Isned to Boone County. and no guard
}ian ad Item was ever appointed 10
jWi,,iam G.. Herne and Richard
lHerne. who were minors without an!
Illegally appointed guardian: that b.
ire,son of said defects said defend
l,nts Maria kirtley. Paskel klrtley
iEIiiah Kirtlev. William c. Herne ant
tRicb,rd X Herne We're not direste'
}of title nv said suit, and the court at
Toured no Jurisdiction orer them thefe