University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-12-07
ORDER oE PUBLICATION

In the Ailtuh Npuil. ocIODeT erlll,
1910. November Adjourned Session.
|. T. Vannote, Plaintiff, against the
unknown heirs, devisees, consorts
alienees. legatees and assignees of
Thomas Duley. deceased. the unknown
Trustees OF the Town of Smithton. and
the unknown successors and alienees
of the Trustees of the Town of Smith
ton, Defendants.
The State Of Missouri. to the above.
named defendants, Greeting:
Now on this the 22nd day of Novem-
her 1910. in session of term time of
the Circuit Court OF Boone county,
Missouri, at the November Adjourned
Session OF the October Term, 1910, of
said court, comes the plaintiff herein,
BY his attorneys and files his petition
in suit herein, duly verified by the
affidavit OF Ralph 7. Finley. agent and
attorney for the plaintiff. and in said
petition states, among other things,
that the interests of the defendants,
so far as he knows and can ascertain,
are derived from and made apparent
by the following defects in the record
title to the lot hereinafter described
to-wit: That on December end. 1924
Samuel Wall. being the then owner
of said described real estate, executed
and delivered to Thomas Duley his
certain mortgage deed OF that date,
covering said real estate, which deed
was duly acknowledged and is of rec
ord in Book a at page SCI of the deed
records of Boone county, Missouri;
that said mortgage was given to Sc
cure to said Thomas Duley the pay
meut of certain promissory note.
dated December s, 1924, for the sum
of S650.00; that the said Thomas Duley
nor any other person or persons for
him or claiming under him have never
made any claims under said mortgage.
and plaintiff is Informed and believes
and so charges the fact TO be that said
mortgage and note were paid off and
discharged, but no release of said
mortgage has ever been entered OF
record, by reason whereof a cloud is
cast upon plaintiffs record title TO
said real estate; that the land upon
which plaintiffs said lot is located
was patented by the United States of
America to the Trustees of the Town
of Smithton, by patent dated August
25, 1924. which is Of record in Book A
at page 369 of the deed records of
said county; that there is nothing of
record in said county TO show who the
Trustees of the Town OF Smithton
were. nor what were their powers and
duties; that there is nothing OF rec
ord in said county 20 show who. if any
there were, were the successors Of
said Trustees, and that there is no
conveyance OF record from said Trus-
tees to anyone for said lot so far as
said records show. by reason whereof
cloud is cast upon plaintiffs record
title to said real estate; that the said
Thomas Duley is now long since de-
ceased, but whether he died testate
or intestate is to plaintiff unknown;
that plaintiff verify believes that there
are persons interested in or who claim
to be interested in the subject matter
of this petition as heirs, deVisees, con-
sorts, alienees, legatees and assignees
of said Thomas Duley. deceased. whose
names and places Of residence are to
plaintiff unknown and whose names
he cannot insert herein because I'M
known to him; that said unknown par
ties derive or claim to derive their
title or claims as heirs, devisees, con-
sorts, alienees, legatees ard assignees
or immediate, mssne or remote, vol
untary or involuntary grantees of SAID
Thomas Duley, deceased; that he YER
lily believes that there are also per
sons interested in or who claim tC
be interested in the subject matter of
the petition as trustees of the Town
OF Smlthton, or as successors or alien
ees of said Trustees of the Town of
Smithton. whose names and places of
residence are to plaintiff unknown
and whose names he cannot insert
herein because unknown to him; that
said unknown parties derive or claim
to derive their title or claims as such
trustees under said patent, or as sue
cessors or alienees, or Immediate.
mesne or remote, voluntary or invol-
untary grantees of said Trustees of
the Town of Smithton; and the plain
tiff further states that he has de
scribed the interests of all of the de-
PENDANTS herein, and how derived. so
far as his knowledge extends.
1t is therefore ordered by the court
that the said defendants be notified
by publication that the plaintiff, by
petition herein filed, of date Noyem-
Der 22nd, 1910, has commenced against
them an action at law and in equity,
the Immediate object and general ma
ture of which is to enforce and es-
tablish lawful right, claim and de-
mand to and against certain real es-
tate within the jurisdiction of this
court, to-wit, an action to obtain de-
cree of this court declaring perfect
and absolute the record title of this
plaintiff, by limitation, in and to the
following described real estate, lying.
being and situate in Boone county.
Missouri, to-wit: The North half Of
Lot Number One Hundred and Forty
Four in the original Town. now city.
OF Columbia, according to the recorded
plat of said town, and that said mort
gage deed be declared fully discharged
by lapse of time and limitation.
1t is further ordered that said de-
PENDANTS be and appear in this court.
on the first day of the next term
thereof. to be holden at the court