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

the defendants, the unknown heirs!
devisres. consOrts and alienees Of vii
liam &. Herne. deceased. OF Richard
deceased of Paskcl kirtley. deceased.
and of Elijah kirtley. deceased, re
Sp"ctiv"lv. appear of record to have
an interest iii said land and cloud
Is thereby cast upon plaintiffs record
title thereto: that there is no decd
or other conveyance 0f record from
said William G. Hcrnc. Richard *
Hrrne. Maria kirtley, Paskrl kirtlcr
and Elijah kirtley. nor from any other
person or persons for them OF claiming
under them. or any of them for said
land; that the said William kirtley
William c. Hcrnr. Richard X. Iierne
Maria krtley. raskel Kirllcr. and
Elijah kirlley ar" all long since de-
ceased. but whether they or any Of
them died tcStatr or intcStatc i TO
plaintiff unknown; that whatever in
terest the defendants, the unknown
heirs. drvise"S. cOnSoriS and alcnres
of William kirtlcy. deceased. Of Will
liam {. 1erne. deceased. of Richard
X. IIcrnc. deceased. of Maria Kirtlcy
deceased. OF Paskcl kirtley, deceased
and of Elijah kirtl"y. deceased. r.
Spectively. may have in said real cS-
tate. would be such as they might
claim. as heirs. dcvisocS. cOnsnr1s. and
alienecs 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,
moi hn of n ~ liyi I.l
one half interest in said real estate
executed and delivered tn one William
I.icntZ. as trustee for the use OF Bet
tie f.. Scott. a certain deed of trust.
dated August Goth. 1874. duly acknOwl-
edged and of record in Book II ut
Page 26I Of thu deed of trust records
OF Boone County, Missouri. SAID deed
OF trust being given on said real eS-
tate to secure tn said Bet1io T.. Scott.
the payment of 4 certain rTumiSSory
note therein d, Scrihrd for the sum Of
l.,2.93 with interest thereon at the
rate OF ten per per annum; that said
note and decd of trust have long since
been fully paid OFF and discharged. but
he same has never been released OF
record. by reason whereof cloud is
estate. That the said Rcttic T.. after
wards intrrmarrird with one e. VI.
ThraShcr. and her name is now Bette
ii. Thrashcr; that said Bette II.
ThraShcr. defendant herein. is Il non
resident of the State of Missouri so
that the ordinary process of law can
not be served upon her in this state
Plaintiff further states that he verify
believes that there are persons inter-
eSted in or VINO claim to be interested
in the subject matter of this petition
rs heirs. deviS@cS, cOnSOrtS and alien
e"S Of William kirtley. deceased. of
William {. llcrnc. deceased. OF Rich
ard X. Herne. deceased. of Maria Kirt-
| ley, deceased. of Paskel Kirtiey. de-
ceased. and of Elijah kirtley. dccnas-
ed, respectively. and as assignecs of
Bette T.. Scott and OF Bette H.
'ThraSh"r. whose names he cannot in
Sert in this petition because they are
wholly unknown to him; that what
ever interest the unknown aSsignrcs
OF Bette T.. Scott and of B"ttir H.
Thrasher may have in said real estate
would he such as they might claim
ny assignment from said Bette f.
Scott or Bette III. ThraShcr. before
or after her marriage as aforesaid OF
said note and deed of trust above
mentioned: and that he has described
the interests of all such unknown de-
PENDANTS. and how derived. so far as
his knowledge extends.
1t IS therefore ordered by the clerk
, of said court. in vacation. that the
Il Il !,
ton that the plaintiff, by petition here
| in filed. of date August 10Th, 1910.
| has commenced against them an ac-
ton at law and in equity. the imme-
diatc object and general nature of
which is to enforce and establish Il
lawful right. claim and demand To
and againts certain real estate within
the jurisdiction OF this court. tO-Wit
an action to obtain decree Of this
court declaring perfect and absolute
the record title of this plaintiff by
limitation i'll and to the following de,
scribed real estate. lying. being and
situate in Boone County, Missouri. to,
wit: The Southwest part of the
Northwest quarter Of Section >. Town
ship As, of Range ~, described as
! lollo"S- l'tSlulilHS dit lHe HUI MIC
lcorner on the West side of said Sec
ton ;, thence East 300 chains to a
lStOnc set half way between said he
Iginning point and the center of said
| Section, thence North 80 minutes
East 1856 chains to stone. thence
West 14.91 chains to the center of tho
Columbia and Mexico State Road
Thence with center Of said road South
us degrees West $50 chains to the
West line of said Section. thence with
lsaid line South 30 minutes West l3G:
ichains to the beginning, containing
81 acres. more or less: and that the
decd of trust above mentioned. and
1described in plaintiffs petition be de
cared fully paid off and discharged
1 1t is further ordered that said de
PENDANTS be and appear in this court
on the first day of the next term there
of. to be holden at the Court House
in the City of Columbia. Boone County
Missouri, on Monday the Bird day o!
October, 1910. to answer or plead tC
said petition or in default therein
said petition will be taken and adj
judged as confessed and judgment by
default will be rendered against said
defendants,
II js furt bnp ,,%,1.r,J tbn3