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


In the Circuit Court, October Term,
1910. November Adjourned Session.
R. S. Turner, Plaintiff, against the
unknown heirs, deviseeS. legatees, con-
sorts, alienees and assignees OF John
NJ. keere, deceased, Defendants.
The State of Missouri, to the above
named defendants, Greeting:
Now on this the 21st day of Novem-
Der, 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. comes the plaintiff herein,
by his attorneys. and files his petition
in suit herein, duly verified by the
affidavit of Ralph 7. Finley, agent and
attorney for the plaintiff, and in said
petition states, among other things,
that the defendants appear to have a
claim or interest OF record in the
real estate hereinafter described by
reason of the following defects in the
record title TO said land. to-wit That
one Ella B. Parsons. together with
her husband, being then the owner
of an undivided interest in said real
estate, executed and delivered to Rob
ert l.. Todd, as trustee, a certain dead
OF trust, dated March %, 1850, duly
acknowledged and of record in Book
IL. at page 273 of the deed OF trust
records of said county, which deed Of
trust was given to secure to John N.
keene the payment of a note for
100000 and interest as in said deed
fully described, said deed Of trust be-
ing given on the undivided one-siXth
interest of said Emma 3. Parsons in
said real estate; that said note and
deed OF trust were long since fully
paid off and discharged. but said deed
OF trust was never entered satisfied
of record by said John NJ. Keene, and
a proper release thereof never made;
that said John N. Keene is now dead
and said note has been lost or de-
stroyed ana there are no parties in
being so far as plaintiff can ascertain
who can legally execute valid re-
lease of said deed Of trust. by rea-
son whereof. cloud is cast upon
plaintiffs record title to said land and
the defendants appear to have an in
tsrest therein; that one Wallace
Neene, being the then owner of an
undivided interest in said land, exc
cuted and delivered to Wellington
Gordon, as trustee, certain deed Of
trust dated April oath, 1880, duly ac-
knowledged and of record in Book
1G at page 2S8 Of said records, which
deed of trust was given covering said
Wallace Keene's interest in said land
70 ha IOI AZ
surety on q certain note made by
said Wallace Keene to Frank NJ. John
son. as in said deed of trust fully de-
scribed; that the said note to said
Johnson was long since paid off and
discharged, but said deed of trust was
never entered satisfied of record and
a cloud is thereby cast upon plain
tiff's record title to said land, and
said John NJ. Keene being now dead,
and having no one representing him
TO make valid release of said deed
of trust, plaintiffs title is rendered
Objectionable to purchasers. That
whether said John NJ. keene died tes-
tat9 Or intestate is to plaintiff I'M
known; that he verify believes that
there are persons interested in or who
claim to be interested in the subject
matter OF this petition as heirs, de-
yisees. legateeS consorts, alienees and
assigneeS of said John NJ Keene, de-
ceased. whose names and places of
residence are to plaintiff wholly I'M
known and whose names he cannot in
sert ii the petition because unknown
to him; that said unknown parties
derive or claim to derive their title or
claims as heirs, devisees, legatees,
consOrts, alienees, assignees or imme-
diatc, mesne or remote, voluntary or
involuntary grantees of said John NJ.
keene. deceased; and that plaintiff
has described the interests of said I'M
known defendants, and how derived,
SO far as his knowledge extends.
1t is therefore ordered by said court,
that said defendants lie notified By
publication that the plaintiff, by petit
ton herein filed. OF date November
21st, 1910, has commenced against
them an action at law and in equity,
the immediate object and general ma
ture OF which is to enforce and estab-
lish lawful right, claim and demand
10 and against certain real estate with
in the jurisdiction Of this court, to-
wit, an action praying this court to
try, ascertain and determine the es-
tate. title and interest of the plain
tiff and defendants herein, respec-
lively, in and to the following de-
scribed real estate, lying, being and
situate in Boone county, Missouri, to-
wit: 1927 acres, more or less, all
that part of the Northeast quarter ly-
ing West OF the center of Paris Road,
except AZ acres off of the North side
thereof, and 1922 acres, more or less,
all that part of the North half of the
Southeast quarter lying West of the
center Of said Paris Road, all in Sec
tion 20, Township 49. OF Range II,
and to define and adjudge by it's judg-
ment and decree the title. estate and
interest of the parties severally in and
to said real estate, and that said deeds
of trust be declared fully paid off and
satisfied of record
1t is further ordered that said de-
PENDANTS be and appear in this court,
on the first day of the next term
thereof, to be holden at the court
house in the City OF Columbia. Boone