Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1910-09-08

LII the Slrcuit Soatt, April Term, 1910.
Barley U. Rich, Plaintiff,
VS..
United States Asbestos Company, a Corpo-
ration, Defendant.
Now at this day comes the plaintiff herein
by his attorney, Orrin L. Munger, and files
his affidavit, alleging that the defendant,
United States Asbestos Company, a corpo-
ration, is not a resident of the State of Mis-
souri,, and that the ordinary process of law
cannot be served upon it in this State;
Whereupon it is ordered by the Judge Of
this Court that said defendant be notified by
publication that plaintiff has commenced a
suit against it in this Court, the object and
general nature of which is to cancel, set aside
and for naught hold the deed made by the
plaintiff, BARLEY U. Rich, to the said de-
PENDANT, United States Asbestos Company,
and delivered by the said plaintiff to the
Bank OF lronton as the banking agent of
plaintiff and defendant, to be held in escrow
until a balance of seven thousand one hun
dred dollars should be paid to said Bank for
the use and benefit of said plaintiff, said
deed conveying the following described real
estate, to wit:
The southwest quarter of the southeast
quarter (swt set) of section twenty seven
(27), township thirty four (34) north, range
two (2) east; the east half of the southeast
quarter of the southwest quarter lex seA
sw4 of section twenty-seven (27), town
ship thirty-four (34), north, range two Ia
east; the northeast quarter of the southwest
quarter (ne4 sw4) of section twenty-sev-
en- (27), township thlrty-four (34), north,
range two (2) east; containing, in all, one
hundred (Ioo) acres, more or less; also a
part OF the northwest quarter Of the south
east quarter (nw4 sell of section twenty
seven (27), township thirty-fo four (34), range
two az east, containing fifteen acres, more
or less-containing, in the aggregate, one
hundred and fifteen (II5) acres, more or
less, described in plaintiffs petition.
1t is further alleged in plaintiffs petition
that the defendant, by means of misrepre-
sentation, deception and fraud, practiced
upon the Bank Of I~ronton, its cashier and
officers, represented to said Bank and its Of
fcers that 1t had fully discharged and paid
all the balance due on said obligation, and
that it was entitled to have said deed turned
over to D and that the Bank of I~ronton,
through Its officers and cashier, relying up
on the falseand fraudulent statements Of this
defendant, did, on the 18TH day of Septem-
Der, 1909, turn over, said deed to said AS
bestos Company, and that Immediately
thereafter the said Asbestos Company deliv-
ed said deed to the Recorder Of Deeds of
Iron County, Missouri, and requested that
said deed be Immediately filed for record,
which was on the 18TH day of September,
1909, at $40 p. M, filed for record; and
that said deed was recorded in Book Sc, at
page 81, in the Recorders Office of said
Iron County, Missouri; that by reason of the
false and fraudulent representations soimade
by this defendant to the Bank OF ~Ironton in
securing possession of, filing and recording
OF said deed, that it places a cloud upon the
title Of the plaintiff to the land above de-
scribed;
And that unless the said United
States Abestos Company be and
appear at this court, at the next term
thereof, to be begun and holden at the
courthouse in the city of Ironton, 10
said county, on the oath day Of October
next, and on or before the third day OF
said term, if the term shall so long
continue, and If not, then %. or before
the lastday Of said term, answer or
plead to the petition in said cause, the
same will be taken as confessed, and
Judgment will be rendered accordingly.
And 1t is further ordered that a
copy hereof be published, according to
law in the IRON County REGISTER, a
weekly newspaper published In said
county Of Iron for four weeks success
sively, published at least once a week,
the last insertion to be at least fifteen
days before the hrst day Of said next
October term OF this court.
JESSE M. HAWKINS, Clerk.
A true copy from the record:
Witness my hand and seal Of the
(sEAL) circuit court Of Iron county
this 31st day Of August,
1910.
JESSE NJ. HAWKINS, Clerk
Iron County Circuit Court