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

ORDER OF PUBLICATION
State of Missouri, County of Boone, IS.
In the Circuit Court. October Term,
1910. November Adjourned Session.
Opal Make, Maggie Weldon. Eva
Bradley and Martha f. March. Plain
Itiffs, against the unknown heirs, de-
visees, consorts and alienees of VIII
son Cummings. deceased. OF Taylor
Berry. deceased, OF James d. Miller,
deceased, OF Augustus Evans, de-
ceased and of John Graham, deceased.
respectively. William w. Batterton,
and the unknown heirs, devisess. con-
sorts and alienees OF Jesse G. Long,
deceased, Defendants.
| The State of Missouri, to the above
named defendants, Greeting:
Now on this the 22nd day of No
| yember, 1910. in session Of term time
of the Circuit Court of Boone county,
Missouri. al the November Adjourned
Session of the October Term, 1910 of
said court. come the plaintiffs here
| in. by their attorneys. and file their
petition in suit herein, duly verified
by the affidavit of Ralph T. Finley,
agent and attorney for the plaintiffs,
and in said petition state, among other
things. that the interests OF the de-
PENDANTS. so far as they know and are
able to ascertain, are derived from
and made apparent by the following
facts and defects III the record title
to the real estate hereinafter de-
scrihed. to-wit: that all that part of
plaintiffs said real estate lying in
New Madrid Claim No. 102. hereinat-
ter described. was duly patented to
one Wilson Cummings about the year
1891. but there is no deed of record
from said Wilson Cummings, nor from
any other person or persons for him
Tor claiming under him, unless it be
a deed from Wilson T. Cummings to
Iparties under whom the plaintiffs
claim title. although plaintiffs have
no knowledge that said Wilson Cum,
mings and Wilson T. Cummings are
one and the same person.
That one James ID. Miller procured
4 deed for that part of plaintiffs said
land lying in said claim by deed dated
July Goth, 1921, duly acknowledged
land of record in Book A at Page pa
OF the deed records Of Boone county
: Missouri, but there is no deed of rec
ord from the said James D. Miller
nor from any other person or persons
for him or claiming under him fol
/ said land, unless it be deeds from
= Abraham Miller and Constantia ID
: Miller. Plaintiffs, however. have M
knowledge as to the relation OF sale
parties to said James d. Miller, MOI
, do they know if said parties were hi:
sola heirs.
That Augustus Evans appears tc
have acquired title to said part o
plaintiffs land by two deeds, one
dated April 10, 1922, duly acknowl
, edged and OF record in Book B at page
: a91 OF said deed records. the othel
dated the same date. duly aCknowl
| edged and Of record in Book B a
Page 493 OF said records. but there
: is no deed of record from the salt
: Augustus Evans, nor from any othe
person or persons for him or claim
, ing under him for said land, unies!
| it be deed from Augustus II. or A
: H. Evans who conveyed the same tt
parties under whom plaintiffs claim
: although plaintiffs do not know if sait
= Augustus Evans and Augustus H. o
-. L.
l party.
: That Taylor Berry acquired title t.
said part OF plaintiffs land in sal;
: New Madrid Claim by deed dated Feb
5 9th. 1924. from Wilson T. Cumming
: or Wilson T. Cumming. duly acknowl
p edged and of record in Book A at Pag,
: 269 of said deed records, but Their,
: is no deed of record from said Taylo
I Berry, nor from any other person o
= persons for him or claiming unde
/ him.
! That John Graham received dec
: for said part OF plaintiffs land date
May 3, 1925, duly acknowledged ant
r OF record in Book A at Page $40 0
$ said records, but there is no deed O
. record from said John Graham, no
/ from any other person or persons TO
4 him or claiming under him. unless
: be q deed from enc John Grayum t.
: parties under whom plaintiffs CLAIM
4 title, but plaintiffs have no knowledg
:. that these names refer tC same party
|. That William w. Batterton acquire;
title to that part of plaintiffs sal,
t land lying IL said New Madrid Claim
i by deed from Andrew J. Fentor
). dated October 3rd. 1861. duly acknow
y edged and OF record in Book 81 a
I page 1888 of said records, but there i
no deed or other conveyance of rec
J. ord from said William W. Battertor
:. nor from any other person or person
y for him or claiming under him. An
: plaintiffs further state that said Wi
G liam w. Batterton is q non-residen
, of the State OF Missouri so that tn
t ordinary process OF law cannot b
c served upon him in this state.
o That Jesse C.. Long acquired It'll
, TO that part of plaintiffs land hereir
!. after described lying in said NORTH
f west Fractional quarter of Section l.
f by deed dated December >, 1850, dull
o acknowledged and OF record in Boo
= I at Page 81 OF said deed record:
; but there is nc deed or other conye!
n ance OF record from said Long for sal
land. nor from any other person o
J. persons for him or claiming unde
; him.
), The plaintiffs further stata that tn
y said Wilson Cummings, Taylor Berr!