University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-08-11
ORDER OF PUBLICATION

State of Missouri, County of Boone, SIS.
In the Circuit Court, in vacation be-
fore October Term, 1910.
John c. Schwabe. Plaintiff, against
the unknown heirs, devisees, consorts
and alienees OF William c. Herne, de-
ceased, of Richard X Herne, deceased,
OF Maria kirtley, deceased. of Paskel
kirtley, deceased, and of Elijah kirt
ley, deceased, Defendants.
The State of Missouri, to the above
named defendants, Greeting
Now on this the 9th day of August.
1910, in vacation before the October
Term, 1910, of the Circuit Court of
Boone County, Missouri, comes the
plaintiff herein, by his attorneys, and
files his petition in suit herein. duly
verified by the affidavit of the plaintiff,
and in said petition states. among 9TH
err things, that the interests of the I'M
known defendants, so far as plaintiff
Is able to ascertain, are derived from
the following facts. and made appar-
ent by the following defects in the
record title to the real estate herein.
after described, to-wit:
That in the year 1S47 one William
| klrtley filed suit in the Circuit Court
! OF Boone County, Missouri, against
| the respective ancestors of the I'M
known defendants, to-wit. against Will
/ liam ~ Harnn pirhord L
ria kirtley. Paskel kirtley, and Eli
Jan klrtley, and others. for partition
! of the real estate hereinafter described
among said parties who derived owner
ship of same as heirs and legal repre-
sentatives of William Cave, deceased.
and said suit was prosecuted to final
Judgment. and said real estate was
ordered sold, sale thereof was made
by William T. Hickman, Commissioner
of said Court. and deed made by
said Commissioner to William Kirtley
whose title has vested in the plaintiff
and those under whom he claims. But
the plalntlf states that said partition
proceedings are defective in the fol
lowing particulars, tO-wit: that the
petition in said cause was not sworn
to and did not describe the real estate
sought to be partitioned as required
by law; that Maria Kirtley, one of
said parties to said suit, was served
with process by the sheriff of Boone
County, but the return on the sum-
mons made by said sheriff is defective
in that it does not show that said SER
vice was made in Boone County, Mis-
souri,; that said William C. Herne,
Richard X. Herne, Paskel kirtley and
Elijah kirtley We're notified of the OBJ
5ect and tendency of said suit by pub
LEGATION, but the records of said court
do not show any basis for the order
OF publication by affidavit and no sum-
mons was ever issued for said defend
ants to Boone County. and no guard
ian ad Item was ever appointed for
William G. Herne and Richard X.
Herne. who We're minors without any
legally appointed guardian; that by
reason OF the aforesaid defects said
proceedings are irregular. and no jul
risdiction was obtained by said court
over said parties defendant to said
suit. and no title passed by said COM
miss!oner's deed in partition.
Plaintiff further states that there is
no deed or other conveyance of rec
ord from said William c. Herne. Rich
ard X. Herne Maria Kirtley. Paskel
kirtley and Elijah Kirtley, nor from
any other person or persons for them
or claiming under them. or any of
them; that all of said last named par
ties are now long since deceased, but
whether they. or any of them. died
testate or intestate. is to plaintiff
wholly unknown; and that by reason