University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-09-13
Boone County. Missouri, comes the
plaintiff herein, by his attorneys, and |

Mes his petltlOn IN suit nere1n, 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
1S47 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 K. 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,
sale thereof was made and a deed
therefor was executed and delivered to
said William Kirtley, as the purchaser,
by William T. Hickman. Commissioners
of said court, said deed being dated
February 23rd, 1850, duly acknowledge
ed and of record in Book X at Page
40 of the deed records of Boone Coun-
ty, Missouri, but plaintiff states that
there is no deed of record from said
William Kirtley since the date he ac-
quired title under said proceedings
and deed, nor from any other person
or persons for him or claiming under
him, to anyone; that during the pen
dency of said suit said William T.
Hickman procured deed from said
William Kirtley and other parties to
said suit covering said land, and there
by indirectly purchased at his own
sale as commissioner, SO that doubts
have arisen as to the validity of said
deed to said William T. Hickman, and
cloud is cast upon plaintiffs rec
ord title, and the defendants. the IN
known heirs, devisees, consorts and
alienees Of said William Kirtley, de-
ceased, appear of record to have an
interest in said real estate. That said
partition proceedings were defective
in that the defendants in said suit
were not properly served with pro-
cess therein; that said Maria Kirtley
was served with process by the sheriff
of Boone County, Missouri, but the
return on the summons by said sheriff
is defective in that it does not show
that said service was made in Boone
County, Missouri; that said William
G. Herne, Richard K Herne, PaskeI
Kirtley and Elijah Kirtley were non
residents of the State of Missouri at
the time of said suit, and service was
attempted against them by an order
of publication, but plaintiff states that
the records of said court do not show
any basis for said order of publication,
no affidavit of non-residence being
made and no summons was ever is
sued to Boone County, and no guard
ian ad litem was ever appointed for
William c. Herne and Richard K.
Herne, who were minors without any
legally appointed guardian; that by
reason of said defects said defend
ants Maria Kirtley, Paskel Kirtley,
Elijah Kirtley, William c. Herne and
Richard K. Herne were not Invested
of title by said suit, and the court ac-
quired no jurisdiction over them there
in; that said proceedings were further
defective in that the petition filed
therein was not sworn to and did not
describe the land sought to be ps-fti-,
toned; that by reason of the premises.
the defendants, the unknown heirss
devisees, consorts and alienees of Will
liam C. Herne, deceased, of Richard
X. Herne, deceased, Of Maria Kirtley,
deceased, of Paskel Kirtley, deceased,
and of Elijah Kirtley, deceased, re-
spectiyely, appear of record to have
an interest in said land, and a cloud
is thereby cast upon plaintiffs record
title thereto; that there Is no deed
or other conveyance of record from
said William c. Herne, Richard X.
Herne. Maria Kirtley, Paskel Kirtley
and Elijah Kirtley, nor from any other
person or persons for them or claiming
under them, or any of them for said
land; that the said William Kirtley,
William c. Herne, Richard K. Herne,
Maria Kirtley, Paskel Kirtley, and
Elijah Kirtley are all long since de-
ceased, but whether they or any of
them died testate or intestate is to
plaintiff unknown; that whatever in
terest the defendants, the unknown
heirs, devisees, consorts and alienees
of William Kirtley, deceased, of Will
liam c. Herne, deceased, of Richard
X. Herne, deceased, of Maria Kirtley,
deceased, of Paskel Kirtley, deceased,
and of Elijah Kirtley, deceased, re-
spectively, may have in said real es-
tate would be such as they might
claim, as heirs, devisees, consorts, and
alienees of said deceased parties re-
spectively, on account of the above re-
cited defects in plaintiffs title. That
in the year 1874 one John L. Hickman,
being the then owner of an undivided
one-half interest in said real estate,
executed and delivered to one William
Lientz, as trustee for the use of Bet
tie E. Scott, a certain deed of trust,
dated August 26th, 1874, duly acknowl-
edged and of record in Book II at
Page 267 of the deed of trust records
OF Boone County, Missouri, said deed
of trust being given on said real es-
tate to secure to said Bette E. Scott,
the payment of a certain promissory
note therein described for the sum of
s1752.93 with interest thereon at the
rate of ten per per anndm; that said
note and deed of trust have long since
been fully paid off and discharged, but
the same has never been released of
record, by reason whereof a cloud is
cast upon plaintiffs title to said real
estate. That the said Bette E. after
wards intermarried with one G. NJ.
Thrasher, and her name is now Bette
n Thrasher. that said Rattia n