University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-09-23
ORDER OF pUal lc4TioN


ORDER OF PUBLICATION -
state Of Missouri, County Of Boone, o..
IN the Circuit Court In Vacation be-
fore October Term, 1910. ~
Alonzo NJ Schwabe and Leonard e.
FSchwabe. Plaintiffs. against The un-
known heirs, devisees, consorts, alien
ess and assiyness Of Jefs KinGsbury,
deceased, and Of William Smith, de-
ceased, respectively; the unknown
heirs devisees, consorts and alienees
|oi 0eorEe Sexton deceased. of VIII.
IAN =. Stapleton. deceased, OF David
=. Dr9ke, deceased, of Francis T. Rus
SELL deceased, of William Holton. de-
ceased. Of James 8. Langdon, deceas-
ed ia1d of James H.sMcGee, deceased,
respectively Defendants. u
Tie Statesof-Nasscurf, to the above.
named defendants, Greeting:
Nov on this the 26th day Of August,
1910, in vacation before the October
Term 1910; of the Circuit Court Of
Boone County, Missouri, come the
plaintiffs hereins. by their attorneys,
and ale their petition in suit herein,
duly verified, by the affidavit. of Ralph
7. Finley, agent and attorney for the
plaintiffs. and in said petition state,
among other things, that In the year
1913. William H. Stapleton. being the
then owner of large part of plain
tins real estate hereinafter described,
executed and delivered. certain deed
Of trust thereon, dated. September &c,
1913, duly acknowledged and Of rec
ord IN Book N at page Isl of the
deed records Of Boone County, Mis-
souri,, which deed OF trust was given
to Noah Kingsbury as trustee to Sc
cure to Jere Kingsbury the payment
lof two bonds, one for $85000, the
ether for $4,000; that in the year
l846 said deed of trust was fully dis
charged and said notes fully paid OFF
and the said trustee, thinking he had
authority so to do, entered said deed
OF trust satisfied Of record; that the
said yere Kingsbury never acknowl-
edged satisfaction Of said deed of trust
on the record nor has any other per-
son Ter him or having authority en-
tered the same satisfied; that by rea-
son q said facts said deed Of trust
casts "a cloud upon plaintiffs title to
80 much OF said real estate covered by
said deed Of trust and the unknown
heirs, deyisees, consorts, alienees and
assignees Of said Jere Kingsbury .ap-
pear Of record to have an interest
therein. That in the year 1S41 the
said William H. Stapleton, being the
then owner Of large portion of plain
hfs said described real estate, exc
lcuted and delivered a certain deed of
trust thereon, dated January 10, 1841,
duly acknowledged and of record in
Book * at page 1874 of said deed rec
BIRDS, hich deed Of trust was given to
Travis Burroughs as trustee to secure
to ohS William Smith the payment of
q bond for tS847.S0; that said bond
and deed. of trust have long since
been paid OF and discharged. but the
said William Smith neglected to en-
ter TIE same satisfied of record and
the ID deed of trust now remains of
recofA unsatisfied, by reason whereof
cloud is cast upon plaintiffs title
Ito much Of said land as is covered
by said deed of trust and, the defend
ants he unknown heirs, devisees, con-
sort, alienees and assignees Of vii.
Ham Bmfth. deceased, appear of rec.
ord TO have an interest therein; that
In the year 1845, George Sexton,
Jamef M. Sexton, Charles E. Sexton
and George H. Sexton, being the then
lewneHe Of large portion of plaintiffs
said real estate, executed and deliv
ered p certain deed of trust thereon
dated October 6, 1876, duly acknowl
ledged and Of record in Book at page
70 OF the said deed records, which
deed Ut trust was given to Noah Kings
bury ras trustee to secure to Jere
KfnEsbury the payment Of divers notes
amounting in the aggregate to 1899.
30; that. all Of said notes were Ions
lsince fully paid OF and said deed Of
trust should have been satisfied oil
record, but the same has not bee1
lproperly entered satisfied and casts 9
|clcudsupon plaintiffs title to so much
TOT said land as Is covered thereby
land the said unknown heirs, devisees
consuts, alienees and assignees OF
Jera Kingsbury, deceased, appear o1
record to have an interest therein;
THAT by deed dated August 4, 1845
lone George Sexton acquired title tc
Ian undivided one-fourth part Of large
fportion Of plaintiffs said land, but
here f. no deed of record from the said
George Sexton, nor from any other
IpersoH or persons for him or claiming
under. him, for his interest in said land
by reason whereof his unknown heirs
Idevisees. consorts and alienees appear
LOT record to have an interest therein;
That Kin the year 1843, William II
|Stapleton, being the owner of q part
lof: plaintiffs' said real estate, was nam
led ina certain execution as judgment
'Idebtor in Judgment purporting to
have sheen recovered in the Circuit
Court of Howard County, Missouri, and
lsaid execution was issued to the sheriff
LOT Boone County, Missouri, and said
IStaplkton's interest In PLANTING real
Eestate. was attempted to be sold un
ider said execution and q deed made
lthersander by the sheriff Of said Boone
County, dated May 4, 1913, duly &C
lknuwledged and Of record in Book N
lat page 1853 Of the deed records Of
Esaid County; that said sheriff's deed
twA4 made to one David r. Drake as
Egrantee therein; that there Is moth
ling q. record to show whether said
proceedings were regular or not and
IN IN siy,noaaihIa IN know whethar M