University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-08-24
OEDER OF PUBLICATION

State Of Missouri. County OF Boone, SIS,
In the Circuit Court, i'll vacation be
fore October Term. 1910.
John e. Scbwabc, Plaintiff, against
the unknown heirs. deriseos, consurts
and alienees OF William c. Herne. de
ceased, of Richard X Hcrnc, deceased,
OF Maria Kirtley, deceased. of Paskel
kirtley. deceased, and Oh Elijah kirt
Icy. deceased, Defendants.
The State OF Missouri, to the above
named defendants, Grcetn ing
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 If the pliintlf.
and in said petition states. among 9th
er things. that the interests OF the I'M
known defendants. 50 far as plaintiff
is able to ascertain, are derived from
the following facts, ana made appar-
ent by the following defects in the
record title 10 Ike real estate herein
after described. to-Wit:
That in the year 1871 one William
kiTticy filed suit III the Circuit Court
of Boone County, Missouri, against
the respective ancestors OF the un-
known defendants. to-wit. against Viii
| liam G. lierne, Richard X. iic!re. Ma
ria Kirtlcy, paskcl kirtley, and Eli
illl kirtlcy. and others, for partition
OF the real cstat" hereinafter Described
among said parties who derived owner
ship OF sam" rs heirs and legal repre-"
| scntativcs Of William Cave. deceased.
ard said suit was prosecuted 10 final
| Judgment, and said real estate WAS
ordered sold, a sale thereof was made
! by William +. Hickman. Commissioner
OF said Court, and q decd made by
said Commissioner tC William kiHttcv
whose title has vested in The plaintiff
and those under whom he claims. But
the plaintiff states that said partition
proceedings are GeIc%tiy" iii the toll
| lowing particulars. to-wit: that IT,"
petition in said cause WAS not ~ 0:n
| to and did not describe the real cEt:tt"
sought to be partitiOn"d rs required
by law; that Maria Kirtley. one of
said parties to SAID suit Was served
with process by the sheriff Gi l;Oone
| County. but the return on the slIll-
mons made by said sheriff is defective
in that il does net show that said SER
vice was made in Boone County. Mis-
souri; that said William C. Hcrne,
Richard IL lierna. paslicl Kirtiey aid
Elijah KirtlcI Were notified Of the OBJ
jCCt and prnGency Of said suit by pub
LEGATION. but the records of said court
do not show any basis for the order
of publication b. affidavit and no stunt
mons was ever issued for said defend
ants 30 Boone County, and no guard
ian ed Item was ever appointed for
William G. iiernc and Richard &
Iicrnc. who were minors without any
legally appointed guardian; that by
reason of the aforesaid defects said
proceedings are irregular. and no ju
risdictiCn was obtained by said court
over said parties defendant to said
suit, and no It'll" passed by said com
miSsion"r's deed in partition.
Plaintiff further states that there is
no deed or other conveyance OF rec
ard X. Herne Maria KiTtlcy, paskc
Nirtlcy and Elijah ki-tiey, nor from
any other person or persons for then
or claiming under them. or any o
them: that all of said Lost named par
ties are now long since deceased, hu
whether they. or any Of them. dice
tcstate or interstate. is to plaintiff
wholly unknown; and that by reason
of said facts, the defendants. the I'm
known heirs. dcyisceS. consOrts ant
= alienc"s OF William {. lIerne, de
. ceased. OF Richard X. H"rnC, deceased
OF Maria kirtlcy, deceased. Of Pask"
; Eirtlry. deceased, IN! OF Elijah i[irt
, ley, deceased, appear Of record to have
an interest in said real estate. Whic!
| interest is such as they might CLAIM
= by Inheritance, or devise, or as con
! sorts and aiien"cs OF said dccease'
parties. respectively. Plaintiff furth"
, states that the names and places q
> residence of the heirs. dcvisc"s. con
sorts and alicneeS of said William {
/ Herne, deceased, Richard X. Hcrne