The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1910-10-29

action TO recover the said real estate.
fha said John j.. Burtis, Marquis W.
Withers and Martin Fitzpatrick have
not nor nave ny OF them or any or the
said devlsees. legatees. or heirs a.
law or any Of them at time eNecu-
ted any conveyance or cO~nveyances dis
posing Of said real estate or any
palt thereof, except a certain con-
veyance executed By Margaret Fitzpat-
rick, Fannie Fitzpatrick, Sarah Fitz-
patrick, Arabella Russell and William
Russell her husband claiming TO be
heirs OF Martin Fitzpatrick recorded In
the office Of the recorder OF deeds
for Lafayette County, Missouri In Book
Y No. 1 at page 206 and the last will
OF said Martin Fitzpatrick recorded in
the office Of the Probate Court for La
fayette County Missouri In Win Record
A at page 33S which appear of record
whereby OF record the said title, eX-
cepting as aforesaid appears TO be in
the heirs, devisees, legatees, Aforesaid
OF the said join j. Burtis, Marquis W..
Withers and Martin Fitzpatrick and TO
be adverse to the title Of this plaintiff
10 said real estate,
That for the aforesaid reasons said
parties and persons herein inns and
described and their heirs, devisees, leg
atees. claim to nave some title, estate
or interest In n to the said real es-
tate.
That PLAINTIFF claims to be and is the
owner in fee simple title of n holds
the Zee simple title to the said real es-
tate herein described n every part
thereof.
That the said title has also vested in
plaintiff and those under whom he
claims title by limitation and undo the
provisions of the sections, chapters and
Revised Statutes OF said State Of Mis-
souri, aforesaid.
Wherefore it is ordered by the clerk
OF said Circuit Court in vacation as fol-
lows.
~. a.. ..tr sr a. -
heirs Of Martin Fitzpatrick. deceased,
and the unknown heirs of John ]. Bur
It's. deceased: you are hereby notified
that the plaintiff has commenced a suit
against YOU in this court the object
and general nature of which Is TO quiet
the title to. and vest In plaintiff the fee
simple title to, the real estate above
described because of the facts aforesaid
and In consequence thereof because said
defendants seem to have record appar-
ent title to said real estate or other
wise and derive or claim to derive their
titles and claims as cousorts. heirs, do
nees, a%tlenees, immediate, mesne, or re-
mote, voluntary or involuntary grantees
of said named persons or persons here
tofore owners of aud having interests
in said real estate viz. Martin FitZpat-
rick, and join j. Burtis and to obtain
an order and decree of said court that
plaintiff have and hold the title to said
real estate free n clear Of any and all
right, title, interest and estate Of the
defendants and each and all Of them by
reason Of the premises aforesaid.
That the court ascertain and deter
mine the estate, title and interest of
the parties respectively In and to said
real estate and to define and adiudge
by its order and decree the title es-
tate and interest of the parties severally
herein I'm and to said real property; that
plaintiff have and hold the title to said
real property free and clear of any and
all rights, title, claim, estate or interest
of the defendants and each AN all OF
them; that the court hear and finally de
termine any and all rights, claims, in
terest, liens and demands whatsoever OF
the parties and each and all OF them
concerning or affecting said real prop
erty and award fun and complete re-
lief whether legal or equitable to the
several parties and to each of them as
fully and with the same force and et-
feet as the court might or could do In
any other or different action brought by
the parties or any of them TO enforce
any such rights, claims, interests, liens
or demands.
And that unless you the said unknown
heirs aforesaid be and ppear at this
court at the next term thereof TO be be-
gun and holden at the Court House In
the City OF Lexington in Lafayette
County Missouri on the 9Th day OF De-
oember 1910 and on the first day OF
said December term, answer or plead e
the petition in said cause the same vii.
be taken as confessed n judgment VII
be rendered accordingly.
And 1t is further ordered that a copy
hereof be published according to law ir
THE LEXINGTON INTELLlGENCER
newspaper published in said County Of
Lafayette for four weeks successfully
published at least once a week, thu
last insertion to be at least fifteen days
before the first day of said next De
cember term 1910 OF this court sale
newspaper being designated by the plain
| tff herein and approved by the under
signed Clerk of this court.
J.. w. SYDNOR,
Clerk Circuit Court of Lafayette Count!
Missouri.
a true copy from the record:
Witness my hand and the seal OF salt
Circuit Court Of Lafayette County Mis-
souri, this 2Sth day Of September 1919.
j. w. SYDNOR,
Clerk Circuit Court of Lafayette Count!
Missouri.