University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-11-23
ORDER OF PUBLICATION

1910. November Adjourned Session.
l. T. Vannote, Plaintiff, against the
unknown heirs. devisees, consorts,
alienees, legatees and assignees of
Thomas Duley, deceased, the unknown
Trustees of the Town of Smithton, and
the unknown successors and alienees
of the Trustees of the Town of Smith
ton, Defendants.
The State of Missouri, to the above
named defendants, Greeting:
Now on this the 22nd day of Novem-
ber, 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 T. Finley, agent and
attorney for the plaintiff, and in said
petition states, among other things,
that the interests Of the defendants,
SO far as he knows and can ascertain,
are derived from and made apparent
| by the following defects in the record
title to the lot hereinafter described,
to-wit: That on December End, 1924,
Samuel Wall, being the then owner
of said described real estate, executed
and delivered to Thomas Duley his
certain mortgage deed Of that date,
covering said real estate, which deed
was duly acknowledged and is of rec
ord in Book A at page 361 of the deed
records of Boone county, Missouri;
that said mortgage was given to Sc
cure to said Thomas Duley the pay
ment of certain promissory note,
dated December 8, 1924, for the sum
Of $650.00; that the said Thomas Duley
nor any other person or persons for
him or claiming under him have never
made any claims under said mortgage,
and plaintiff is informed and believes
and so charges the fact to be that said
mortgage and note were paid off and
discharged, but no release of said
mortgage has ever been entered of
record, by reason whereof a cloud is
cast upon plaintiffs record title to
said real estate; that the land upon
which plaintiffs said lot is located
was patented by the United States of
America to the Trustees of the Town
of Smithton, by patent dated August
25, 1924, which is of record in Book A
at page 969 of the deed records of
said county; that there is nothing of
record in said county to show who the
Trustees of the Town of Smithton
were, nor what were their powers and
duties; that there is nothing of rec
ord in said county to show who, if any
there were, were the successors of
said Trustees, and that there is no
conveyance of record from said Trus-
tees to anyone for said lot so far as
said records show, by reason whereof
cloud is cast upon plaintiffs record
title to said real estate; that the said
Thomas Duley is now long since de-
ceased, but whether he died testate
or lntestate is to plaintiff unknown;
that plaintiff verify believes that there
are persons interested in or who claim
to be interested in the subject matter
OF this petition as heirs, devisees, con-
sorts. alienees, legatees and assignees
OF said Thomas Duley, deceased, whose
names and places of residence are to
plaintiff unknown and whose names
he cannot insert herein because un-
known to him; that said unknown par
ties derive or claim to derive their
title or claims as heirs, devisees, con.
sorts, alienees. legatees and assgnees
or immediate, mesne or remote, vol
untary or involuntary grantees of said
Thomas Duley, deceased; that he ver-
lily believes that there are also per-
sons interested in or who claim to
be interested in the subject matter of |
the petition as trustees of the Town |
OF Smithton, or as successors or alien |
ees OF said Trustees of the Town of |
Smithton,' whose names and places of |
residence are to plaintiff unknown, |
and whose names he cannot insert |
herein because unknown to him; that |
said unknown parties derive or claim
to derive their title or claims as such |
trustees under said patent. or as sue
cessors or alienees, or immediate
mesne or remote, voluntary or invol-
lntary grantees of said Trustees of
ne Town OF Smithton; and the plain
in further states that he has de.
'crioed the interests of all of the de-
endants herein. and how derived so II
ar as his knowledge extends.
1t IS therefore ordered by the court
nat the said defendants be notified !,
~ publ1catlon that the plaintiff, by
'etltion herein filed, of date Noyem.
,er 22nd. 1910, has commenced against
mem an action at law and in equity.
ne immediate object and general ma.
ure of which is to enforce and es-
ablish a lawful right, claim and de.
nand to and against certain real es.
ate within the jurisdiction of this
ourt to-wit, an action to obtain a de-
rec OF this court declaring perfect
nd absolute the record title of this
'laintiff. by limitation, in and to the
ollowing described real estate, lying
eing and situate in Boone county
to-wit: The North half of
1ot Number One Hundred and Forty
our in the original Town, now city.
I Columbia, according to the recorded
lat OF said town, and that said mort.
age deed be declared fully discharged
y lapse of time and limitation.
1t Is further ordered that said de.
be and appear in this court
n the first day of the next term