University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-08-24

is detective i'll that it does not SHOW
THAT said service was made i'll Boone
County, Missouri; that said William
C. Hernc. Richard X Herne, paskcl
kirtley and Elijah Eirtley were non
residents of the State OF Missouri ~
the time of said suit. anu service was
attempted against them by al order
of publication, but plaintiff states that
the records of said court Il" net snow
any basis for said order of publication,
no affidavit of nUn-resldence be hg
made and no summons was ever Is
sued TO Boone County, and no guard
ian ad Item was ever appointed for
William G. iiernc and Richard X.
Ilcrne, who were minors without any
legally appointed guardian; that by
reason OF sriii defects said defend
ants Maria Kirt!"y, Pa%iel kirtl"y,
Elijah kirilcy. WiHiam &. iielnc ana
Richard X. Horne were not tlEeSted
OF tide by said suit. and the court ac-
lG,l!red no jurisdiction over them there
in; that said proceedings were further
detective i'll that the petition filed
THEREIN was not sworn ia and did not
describe the lama sought to be partl-
Nl'-'1 ny i'-'N''li 'I XIV ~ N''''''''.'
the defendants, the unknown heirs!
ldcviiec:;, consorts G:iii alicncoa OF VII
liam {. liAfnc, deceased, OF Richard
X. Eerne. deceased. OF Maria Kirtlcy,
Ideceased OF Pastel Kirtiev, deceased,
and OF Elijah kirtlty, dCvoHSid. re-
lSrectiveiT. appear u: r,cord TO nave
an interest ~ sand land, aud 4 cloud
is thereby cast upon plaintiffs record
title thereto: that They" X 10 deed
or other conveyance of record from
said William c. llcrne, Richard X.
llvrne, Maria Kirtley, Pask"l kirtley
and elijah kirtley. nor from any 9TH"
;,orson or person.. toT Them or claiming
Under tECG. or any of them Tor said
Lard. that the said William kirtley,
William c. iicrnc. Richard *. ilcrnc.
Maria kirtlcy, Pas!;el kirtlcy, and
Elijah kirtley are all long since de
ceased. hut whether they or any of
them died teState or iEtcstatc Is to
!piaintiif unknown; that Whatever in
tercst the defendants, the unknown
heirs. dcvisc"s. consortS and &lien""S
OF William Kirtley. deceased, OF Viii
liam G.. Hcrne. deceased, III Richard
X. HeTne, deceased, OF Maria kiTtlcy,
deceased, of Paslcl !>irt!cy. deceased.
and Of Elijah kirtley, deceased, re-
spcCtiyelv MAY have in said real cs-
tate would be sEch as they might
claim, as heirs, dryiseeS, cclSor;'. and
aliences OF said deceased parti". Re
iSpectivcly, on account Of the above re-
cited q i"cts III plaintiffs title. That
in the wear 1874 one John l.. Hickman.
being the then owner OF an Undi!ide
OnG-halI interest II said real estate,
Iexecilt"d and delivered to ole William
I.ientZ as trustee Tor the use OF Bet
tie +. Scott. q certain deed OF trust,
dated August 10Th. 1874. dHlE ackEONl-
edged and OF record in Boo!. IL II
Page 2b1 ul the deed of trust records
OF Boone County, Missouri. said deed
of trust being given on said real es-
tate to secure to said i!cttic T.. Scott.
the payment Of Il certain promiSSory
note therein described for the sum OF
$l1J293 with interest thereon AT Ii"
rat" OF ten per per annun; that said
note and deed OF trust have long SINCE
hccu iully paid off and discha"E Il. but
the Sa!uc has never been released uf
record, by reason whereof Il cloud IS
cast upon plaintiffs title to said real
estate That the said Petite +. after.
wards intcrmarricd with one &. N
ThraSher. and her name is now Bette
H. Ihrashcr; that said Bette H.
Thrashcr, defendant herein. is Il non
resident Of tn" State Of Missouri sc
that the ordinary process of laW can
not be served Upon her i'll this state
Plaintiff further states that he Tcril"
believes that there are persons inter
cSlrd N or w!io claim To be INTERESTED
|. in the subject matter Of this petition
as heirs. devisees, consOrts and alien
ees of William kirtiry. deceased. O,
William G. ficrnc, deceased. of Rich
ard X Hcrnc, deceased OF Maria Eirt
ley. deceased. of Pashel kirtlcy. de
, ceased. and Of Elijah N;rtley. drccas
) ed. respectively. and as aSSignceS Ol
r Bette l.. Scott and Of E"ttic II
, ThraShcr. whose names h" cannot III
scrt in this petition because they are
1 wholly unknown to him; that What
: ever interest the unknown a#SiSnces
of Bette T.. Scott and ct B@tti" Ii
: Thrashcr may have in said real estate
+ would be such as they might claim
, by assignment from said Bette l..
: Scott or Bette II. ThraShcr. before
! or after her marriage as aforesaid. o.
said note and decd of trust above
4 mentioned; and that h" has described
1 The interests of all such unknown de
0 PENDANTS, and how derived, so Jar Il!
:, his; knowledge extends.
r 1t is therefore ordered by the ciCrl
of said court. in vacation. that tho
: said defendants be notified by puhiica
e ton that the plaintiff, by petition here
l. in fled, Of date August 10th, 1910
t has commenced against them on az
d ton at law and in equity, the immc
: date object and general nature o
8 which is to enforce and establish
n lawful right, claim ana demand T.
T. and aSaintS certain real estate Withii
l. ;hc jurisdiction OF this court, tO-w!t
:. an action to obtain a decree OF tn
d court declaring perfect and absOlut
O the record title OF this plaintiff b.
: Limitation in and to the following dc
n scribed real estate. lying, being an
s situate in Boone County, Missouri, tt
d wit: The Southwest part of tn
d Northwest quarter of Section :, Tow
e ship -. of Range y. described 4
L follows: beginning al the ha!t nil
d corner on the West side OF said Set