University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-08-26

cure To Iere kingsbury the payment
y. t"o bonds. one for sSa0.0a, ,he
osner for $4,000: that III Inc yea,
1876 said deed OF trust was fully dis
charged ana said notes fully paid of
anu the said trustee. thinking he had
as'hoilts SO TO do, entered said deed
vi trust satisfied of record: that the
saiu Jere kingsbury never acknowl
eused satisfaction of said deed OF ,rus,
Oh the record nor has anv other per
son Tor him or having authority en-
tered the same satisfied; that bv rea
son OF said facts said deed of ,rust
easlS q cloud upon plaintiffs title tt
81 iAuch OF said real estate covered b.
Said deed OF trust and the unknown
heirs, deviseeS. cuhsorts. alienees and
asslgnees OF said Jere Kipssbury an
pear OF record to have an interes,
therein. That in the wear 1S41 The
saia William II. Stapleton. being the
.nsn owner OF large portion of plain
t'H said described real estate. exc,
cuted and delivered a certain deed of
| trust thereon, dated January IL, lS4l
duly acknowledged and OF record in
BOOK X at page 334 Of said deed rec.
ords, which deed OF trust was given 10
travis Burroughs as trustee to secure
10 one william Smith the payment OF
bona Tor SS4l.S0; that said bond
anu ueed OF trust have long since
peen paid Off and discharged. bu. the
SAID William Smith neglected to en-,
ter the same satisfied of record and
the SAID deed of trust now remains of
4 l., 4
clouu Is cast upon plaintiffs title
10 so much of said land as is covered
by said deed OF trust and the defend
ants. the unknown heirs. devisees. con
Sorts, alleneeS and aSsignees OF Will
liam Smith, deceased. appear of rec
ord to have an interest therein: that
IN the year lS45, George Sexton.
James NJ. Sexton. Charles f, Sexton
and George II. Sexton, being the then
owners of large portion OF plaintiffs
SAID real estate. executed and delv-
cred certain deed of trust thereon.
dated October 6. 1S45. duly acknowl-
edged and of record in Book p at page
40 OF the said deed records, which
ueed OF trust was given to Noah Kings
bury as trustee to secure to .Iere
hlngsbury the payment of divers notes
amounting in the aggregate to 81 .999.-
80; that all of said notes We're long
since fully paid off and said deed of
trust should have been satisfied of
record. but the same has not been
properly entered satisfied and casts a
/ cloud upon plaintiffs title TO so much
of said land as is covered thereby.
and the said unknown heirs. deviSeeS.
consorts, alieneeS and aSSigneeS OF
Jere kingsbury, deceased. appear Of
record to have an interest therein;
that by deed dated August 4. 1915,
one George Sexton acquired title TO
an undivided one-fourth part of large
portion OF plaintiffs said lard. but
there is no deed of record from the said
George Sexton, nor from any other
person or persons for him or ella ming
under him, for his interest in said land.
by reason whereof his unknown heirs.
devisees, consorts and alienees apnear
OF record to have an interest therein;
That in the year 1S43. William II.
Stapleton. being the owner OF :; part
OF plaintiffs said real estate. was nam
ed in certain execution as judgment
debtor in Judgment purpOrting to
have been recovered in the Circuit
Court of Howard County. Missouri and
said execution was issued to the sheriff
of Boone County. Missouri. and said
Stapleton's interest in plaintiffs real
estate was attempted to be sold I'M
der said execution and a deed made
hereunder by the sheriff of said Boone
County. dated May 4. 1913. duly ac-
knowledged and of record in Book y
at page 15S of the deed records of
said County; that said sheriff's deed
was made to one David r. Drake as
grantee therein; that there is moth
ing of record to show whether said
proceedings were regular or not and
| it is impossible to know whether or
not said Stapleton's interest passed
by said deed to said Drake; that pend
ing said sale by said sheriff. the said
Stapleton attempted to sell said land
to one William Smith. but the descrip-
| ton in his deed to said Smith is so
uncertain that il cannot be determined
what was intended to be conveyed.
saiu deed being of record in Book l. at
page 365 of the deed records OF Boone
County, Missouri; that after said sale
by said sheriff. said Stapleton received
| deed from said William Smith for
said land, dated November .. 1913
and duly acknowledged and Of record
in Book \ at page 133 of said records;
that the description in said last named
deed is also indefinite and uncertain;
that by reason of said facts doubts
have arisen as to the sufticiency OF
said conveyances between said sheriff:
and said Drake. and between said Sta
pleton and said. Smith. and it cannot
be ascertained for certainty in whom
the title vested hereunder; that b!
reason of the aforesaid defects, the un
known heirs. deviseeS. consorts anc
alienees OF William H. Stapleton, de
ceased of William Smith. deceased
and of David r. Drake. deceased re
spectively. appear of record to have al
interest in so much of plaintiffs saic
Hand owned by said deceased parties;
that by deed dated February "a. 1868
duly acknowledged and of record il
Book SO at page ia OF said deed rec
ords. one Francis 7. Russell acquired
title to the Southeast quarter OF the
Southeast quarter of Section 30. Town
Iship 40, of Range 13, belonging TO sale
plaintiffs as aforesaid. but plaintiit:
io+ata that there is no deed or Othe