University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-11-30
ORDER OF PUBLICATION


1910. November Adjourned Session.
r. S. Turner. Plaintiff. against the
unknown heirs, devisees, legatees, con-
sorts. alienees and assignees Of John
NJ. Keene, 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 T. Finley, agent and
attorney for the plaintiff, and in said
petition states, among other things,
that the defendants appear to have
claim or interest of record in the
real estate hereinafter described by
treason 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 deed
OF trust, dated March 80, 1880. duly
acknowledged and OF record in Book
16. at page 213 of the deed of trust
records OF said county, which deed Of
trust was given to secure to John NJ
keene the payment OF Il note for
$4,000 and interest as in said deed
fully described, said deed of trust be-
| ing given on the undivided one-siXth
| interest Of said Emma B. Parsons in
said real estate; that said note and
deed of trust We're long since fully
paid off and discharged, but said deed
of trust was never entered satisfied
of record by said John NJ. Keene, and
proper release thereof never" made;
that said John NJ. keene is now dead
and said note has been lost or de-
stroyed and there are no parties in
being SO far as plaintiff can ascertain
who can legally execute a valid re.
lease of said deed of trust. by rea-
son whereof a cloud is cast upon
plaintiffs record title to said land and
the defendants appear to have an in
tareSt therein; that one Wallace
keene. being the then owner OF an
undivided interest in said land, exc.
cuted and delivered TO Wellington
Gordon. as trustee, a certain deed OF
trust dated April oath, 1880, duly &C
knowledged and of record in Book
16 at page 2SS of said records, which
deed of trust was given covering said
Wallace Keene's interest in said land
to secure the said John NJ. Keene as
surety on certain note made by
said Wallace keene to Frank M. John
son. as in said deed OF trust fully de
scribed; that the said note to SAID
Johnson was long since paid off. ant
discharged, but said deed ofstrust wa.
never entered satisfied of record ant
a cloud is thereby cast upon plain
tiff's record title to said land, ant
said John NJ. Keene being now dead
and having no one representing hin
to make valid release of said deco
. OF trust, plaintiffs title IS rendered
Objectionable to purchasers. Tha
whether said John M. keene died ties
tate or intestate is to plaintiff un
known, that he verify believes. tina
, there are persons interested in or VIII
claim to be interested in the subjee
matter of this petition as heirs, de
visees, legatees consorts, alienees an,
, assignees of said John M. Keene, de
ceased, whose names and places o
residence are to plaintiff wholly IN
known and whose names he cannot in
sert in the petition because unknown
to him; that said unknown partie
derive or claim to derive their title o
, claims as heirs, devisees, legatees
, conSortS, alieneeS, assigneeS or imme
, date, mesne or remote, voluntary o
involuntary grantees of said John NJ
: keene, deceased; and that plaintiff
has described the interests of said ur
, known defendants, and how derived
so far as his knowledge extends.
1t is therefore ordered by said court
: that said defendants be notified b.
publication that the plaintiff, by pet
ton herein filed, of date Novembe
2lst, 1910, has commenced agains
them an action at law and in equity
the immediate object and general ne
. ture of which is to enforce and estat
:, lish lawful right, claim and deman
= to and against certain real estate witt
- in the jurisdiction of this court, tt
: wit, an action praying this court t
y try, ascertain and determine the e!
: tate, title and interest of the plair
y tiff and defendants herein, respet
E lively, in and to the following d.
= scribed real estate, lying. being an
situate in Boone county, Missouri, tt
wit: 1927 acres, more Or less, a
that part Of the Northeast quarter ]!
~ ing West of the center of Paris Roat
+ except A acres Off of the North sid
. thereof, and 1922 acres, more or les
:. all that part of the North half of tn
p Southeast quarter lying West OF tn
:, center of said Paris Road, all in Sc,
ton 90, Township 40, of Range 1:
4 and to define and adjudge by its jud:
i ment and decree the title, estate an
- interest OF the parties severally in an
!, to said real estate, and that said deed
. of trust be declared fully paid Off an
!, satisfied of record.
', 1t is further ordered that said d.
;. PENDANTS be and appear in this cour
, on the first day of the next teri
- thereof, to be holden at the coul
!. house in the City Of Columbia, Boon
: county, Missouri, On Monday, the Sc