University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-09-01

l9lO, in vacation before the Octobe,
Term. 1910, of the Circuit Court q
Boone County, Missouri, comes the
pialntin herein. by his attorneys, ant
Mes his petition in suit herein, dull,
verified by the affidavit of Raj oh T
fmley, agent and attorney for the
plalntff, and in said petition states
among other things, that one Alexan
der Stewart and one John Harvie ac
CURED title to certain lands iuclud
ing the ten-acre tract belonging tc
pialntlff and hereinafter described BY
patent from the United States of Amer
lea dated August 25th, 1924; that there
IS no deed of record from the said
Alexander Stewart, nor from anv othe,
person or persons for him or claiming
under him conveying said land to any
one, SO far as the records show; that
there is deed from Alexander Stuart
conveying said land to parties under
| whom plaintiff claims, but whether
said Alexander Stuart is the same
party as Alexander Stewart plaintiff
does not know, although he is inform
ed and believes that said names refer
to same party; that by reason of the
dl1erence in the spelling of said name,
and by reason of there being no deed
from Alexander Stewart, nor from
any one else for him or claiming I'M
der him. a cloud is cast upon plain
tiff's title to so much of plaintiffs said
land as was owned by said Alexander
Stewart, and his unknown heirs, de-
vlsees, consorts and alienees appear OF
record to have an interest therein.
that there Is no deed or other convey
ance of record from the said John
HarVle, nor from any other person or
persons for him or claiming under
him conveying said land to anyone,
so far as the records of said County
show; that there are conveyances from
parties to parties under whom plain
tiff claims title to said land, but there
is nothing of record to show that said
grantors were the heirs and all the
heirs of said John Harvie and plain
tiff is unable to ascertain the identity
and interests of said parties; that by
reason of said facts cloud is cast
upon plaintiffs record title to so much
OF said real estate as was formerly
owned by said John Harvie and his
unknown heirs, devisees, conSOrts and
alienees appear OF record to have an
interest therein. That in the year
1929 one John Williams died seized
and possessed of the Northeast quar-
ter of said Section so, and hereinafter
described, leaving a will by which he
devised certain unknown interests in
said land to his daughters. Katherine
Williams and Ann E. Williams; that
the interests of all other heirs of said
John Williams appear of record to
have passed to parties under whom
plaintiff claims title, but there is no
deed or other conveyance of record
from the said Katherine Williams and
Ann Z. Williams, nor from any other
person or persons for them or claim
ing under them, or either of them; that
in the year 1S43 suit in partition
among the heirs of said John Williams
was brought in the Circuit Court of
Boone County, Missouri, and the title
to said land was attempted to be pass
ed by deed founded thereon, but
said Katherine and Ann. f. Williams
do not appear to have been made par
ties. and 1t is impossible to ascertain
from the records if they, or either of
them, had died or had conveyed their
interests and were in some such man
ner represented in said suit; that by
reason of the aforesaid facts, the I'M
known heirs, devisees, consorts and
alienees of said Katherine and Ann E.
respectively, appear of rec
ord to have an interest in so much
of plaintiffs said land lying in said
Section 80, and cloud is cast upon
the record title thereto. And the plain
tiff further states that the said Alex
ander Stewart, John Harvie, Katherine
Williams and Ann f. Williams are all
long since deceased, but whether they,
or any of them, died testate or intes-
tate is to plaintiff unknown; that he
verify believes that there are persons
interested in or who claim to be in
terested in the subject matter of this
petition as heirs, devisees, con-
sorts and alienees of said de-
ceased parties respectively, whose
and places of residence are to
the plaintiff wholly unknown and
whose names he cannot insert herein
because unknown to him; that such
unknown parties derive or claim to de-
rive their title or claims as such heirs,
devisees, consorts and alienees or im
mesne or remote, voluntary
or involuntary grantees of their reSpec-
tive ancestors or predecessors in title;
and that plaintiff has described the
interests of such unknown defendants,
and how derived, so far as his knowl-
edge extends.
1t is therefore ordered by the clerk
of said court, in vacation, that the said
defendants be notified by publication
that the plaintiff, by petition herein
filed, of date August 18th. 1910, has
commenced against them an action at
law and in equity. the immediate OBJ
ject and general nature of which is to
enforce and establish lawful right,
claim and demand to and against GER
tain real estate within the jurisdiction
of this court, to-wit, an action to OBJ
tain a decree of this court, declaring
perfect and absolute the record title
of this plaintiff, by limitation. in and
to the following described real estate,
lying, being and situate in Boone
County, Missouri, towit: 10 acres.
more or less, all that part of the
Southeast quarter of the Southeast
quarter of Section 20 that lies East
of the Boone County and Jefferson
City Railroad; 100 acres. more or less,
all that part of the Northeast quarter