University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-12-07
ORDER OF PUBLICATION

ORDER OF PUBLICATION
State of Missouri, County Of Boone, S.
In the Circuit Court, October Term,
1910. November Adjourned Session.
Opal Maxey, Maggie Weldon. Eva
Bradley and Martha E. March, Plain
lifts, against the unknown heirs, de-
visees. consorts and alienees of Will
son Cummings, deceased. of Taylor
Berry, deceased, of James D. Miller
deceased, of Augustus Evans, de-
ceased, and of John Graham, deceased
respectively, William w. Batterton,
and the unknown heirs, devisess, con-
sorts and alienees of Jesse G. Long,
deceased, Defendants.
The State OF Missouri, to the above
named defendants. Greeting:
! Now on this the END day of No
vember, 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. come the plaintiffs here
in, by their attorneys, and file their
petition in suit herein, duly verified
| by the affidavit OF Ralph T. Finley,
agent and attorney for the plaintiffs,
and in said petition state, among other
things, that the interests Of the de-
PENDANTS, so far as they know and are
able to ascertain, are derived from
and made apparent by the following
facts and defects in the record title
| to the real estate hereinafter de-
scribed, to-wit that all that part of
plaintiffs said real estate lying in
New Madrid Claim No. 102, hereinaf-
ter described, was duly patented TO
one Wilson Cummings about the year
1921, but there is no deed OF record
from said Wilson Cummings, nor from
any other person or persons for him
or claiming under him, unless it be
deed from Wilson T. Cummings to
parties under whom the plaintiffs
claim title, although plaintiffs have
no knowledge that said Wilson Cum
mings and WilEon T. Cummings are
one and the same person.
| That one James d. Miller procured
deed for that part OF plaintiffs said
land lying in said claim by deed dated
July Goth, 1921, duly acknowledged
and of record in Book A at Page 245
CT the deed records of Boone county.
Missouri, but there is no deed of rec
ord from the said James D. Miller,
nor from any other person or persons
for him or claiming under him for
said land, unless it be deeds from
Abraham Miller and Constantia d.
Miller. Plaintiffs, however have no
knowledge as to the relation of said
parties to said James D. Miller, nor
do they know if said parties were his
sole heirs.
That Augustus Evans appears to
have acquired title to said part of
plaintiffs land by two deeds, one
dated April 10, 1922, duly acknowl-
edged and of record in Book B at page
4S1 of said deed records, the other
dated the same date, duly acknewl-
edged and of record in Book B at
Page 493 of said records, but there
| is no deed Of record from the said
| Augustus Evans, nor from any other
person or persons for him or claim
| ing under him for said land. unless
| it be deed from Augustus H. or A.
H. Evans who conveyed the same to
parties under whom plaintiffs claim,
although plaintiffs do not know if said
Augustus Evans and Augustus Fl. or
A. H. Evans be one and the same
party.
That Taylor Berry acquired title to
said part OF plaintiffs land in said
New Madrid Claim by deed dated Feb.
9th. 1924, from Wilson T. Cummings
or Wilson T. Cumming, duly acknowl-
edged and of record in Book A at Page
269 of said deed records, but there
is no deed of record from said Taylor
Berry. nor from any other person or
persons for him or claiming under
him.
That John Graham received a deed
for said part of plaintiffs land dated
May ), 1925. duly acknowledged and
OF record in Book A at Page $40 of
said records, but there is no deed of
record from said John Graham, nor
from any other person or persons for
him or claiming under him. unless Il
be deed from one John Grayum TO
parties under whom plaintiffs claim
title, but plaintiffs have no knowledge
that these names refer to same party.
That William W. Eattsrton acquired
title to that part of plaintiffs said
land lying IN said New Madrid Claim
by deed from Andrew J. Fenton,
dated October 3rd, 1867, duly acknowl-
edged and Of record in Book 81 at
page 3S3 of said records, but there is
10 deed or other conveyance of rec
ord from said William w. Batterton.
nor from any other person or persons
for him or claiming under him. And
plaintiffs further state that said VIII
liam W. Batterton is a nonresident
of the State OF Missouri so that the
ordinary process of law cannot be
served upon him in this state.
That Jesse G. Long acquired title
to that part of plaintiffs land herein
after described lying in said North
west Fractional quarter of Section IA,
by deed dated December ), 1850, duly
acknowledged and of record in Book !
T at Page 377 of said deed records, |
but there is no deed or other convey
ance of record from said Long for said |
land, nor from any other person or
persons for him or claiming under |
him.
The plaintiffs further state that the |