The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1910-10-01

->th. 1910.
oscar Aulreen, Plaintiff
The Uusu1wn heirs of Martin Fltzpat-
rick, deceased. tht Unknown heirs OF
JOIN j.. Burtis, deceased. Zachariah
j. Mitchell as trustee of the company
Tor the (tlrstl Addition % the town
(uow city, of Lexington. Missouri, and
Mary e.. smith, defendants.
Now at this day comes the plaintiff
by his attorney and lies his petition
herein. verified 10y his oath and attida-
Wit alleging among other nines that
plaintiff Is the owner, and is In possess
ION OF. and that he and those under
whom he claims for more than thlftl
years next prior to the ming OF l.e
petition herein have been In tine possess
sion of, and have had and held open,
notorious, adveres, continuous, peace
able and u~udisputed possession OF, ana
that none of the defendants during that
Time have ever made TO plaintit OF
those under whom he claims any claim
adverse 10 the CLAIMS of this plaintlti
or those under whom he claims, TO the
following described real estate situate
and being i'm the City of Lexington ln
me County of Lafayette and state
of Missouri towit:
Lots numbered Two 90 and Three CD
IN Block numbered Forty-three t43l OF
First Addition TO the town (now city, OF
H
plat of said Addition on file and OF
record IN the office of the ltecogder OF
Deeds for Lafayette county, MISSOURI
That plaintiff claims said real estate as
the owner of the fee simple title there
to through, and by, c-onveyances from
and meSue CunNeyanCes to, the parties
and original wners herein mentioned
and their grantees and that he verify De
lieVes there are persons VINO claim 70
be Interested I'm the subject matter oi
this his petition whose names he car
not insert therein because they are UNI
known to plaintiff; that the claims ana
interests therein of such unknown part
les and how such claims interests
are derived. so far as known TO tins
plaintiff. are as herein alleged; thai
the names and the persons to whom
such title or claim was last transferred
or vested by government act. deed, oil
other written instrument, patent ans
entry, are as herein alleged and sucl
unknown persons derive or claim 10 de
rive their title or claim as consort
heirs, devisees, donees, ~allenees, aI'
immediate and mesne and remote ah'
voluntary or Involuntary grantees o
such named person or persons.
That defendants claim to have som'
title, estate OF interest in said real es
tate and that none of the defendants o
their ancestors or those under Whon
they claim ave been in possession o
said real estate or paid taxes Thereon
during the last thirty years nor nav
they or any of them at any tim
brought any suit OF action to recover o
contest the title to the same %
any part thereof.
That the title to said real estat
lhas vested in plaintitt and those uhde
whom he claims title under the provls
ions of section 42GS OF Chapter IS 9
the Revised Statutes of Missouri /.
the veal 1899, being section iSSt {
lChapter a OF the Revised statute
of the state of Missouri for the yea
1909.
That the title to said real estat
emauated from the United states COY
eminent in the year ISL that son
time prior to the 4th day of june, l6i
possession of said Lot Three CD
Block Forty Three (43) of First Auu
tion TO the town tnow city OF Le4lhs
ton. Missouri, was taken by one lsat
/. henderson ana one Johh >, belso
under whom plaintiff claims title an
said Isaac l.. Henderson and John
n Benson, and those claiming title und
them, have had the actual, open n
torious. continuous, lawful and peac
able possession of the same ever sin
Is claiming title thereto, and that son
time prior to the 2lst day OF Jahuai
1869 possession OF said lot Two N2) ~,
.. Block Forty Three (43J Of First ADD
it tion To the town NOV city, OF LeNin
ton aforesaid was taken by one Geoll
la Farrar under whom plaintiff claims
tie and that said George Farrar az
those claiming under him nave had 7
actual adverse, open, notorious, contl
uous, lawful and peaceable possess.
of the same ever since claiming III
thereto.
That the title to said real estate
IN the year 1888 was vested In james
Graham, George HouX, William Spral
William Anderson and James Aull
trustees Of the company Tor y
if FirsD Addition to the town tnoW cit
of Lexington aforesaid win luii poWS
th of sale and conveyance and with II
power to appoint trustee or trustees az
fill vacancies, said real estate haVl
been plated into an addition common
as known as the First Addition TO lie
ington, Missouri.
st That defendant Zachariah j. Mitch
was appointed by the surviving tru
tee as a trustee and acted as Such ]
II conjunction with the survivors that
of said trustees excepting the sa
Zachariah j. Mitchell have died leaVi
ne said Zachariah j. Mitchell as the So
surviving trustee.
That said trustee do not appear of
I cord to have ever conveyed said J.
l3 Three 90 of Block Forty-three az
First Addition to said CITY OF LeNlu
~ ton and the apparent title of record
in said trustees and I'm the detenda
Zachariah j. Mitchell but that none
said trustees have been In possession
said real estate or paid any taxes th'l
ON for more than fifty years and at
'HV time did they or any OF them in5tll'
al any action TO recover said real esta
'il That John j. Burtis had the title
n said Lot Two t2l in Block Fortf-th'
III. ol31 of First Addition To- the civ
10. Lexington Aforesaid apparently ln
~ year 1852 and died shortly tAtfta'
leaving surviving him heirs at law %,
said John j. Burtis the names of "a'
~ neither he said john D. B'tis u"
~ IhsiIs law On ANS % titi- j..
been it possession of sold itW esq
'Hl lr paid any tax thereon