University Missourian., 1910-09-07

WAS selfeu Will process Dy tne Snei
of Boone County, Missouri. but the
return on the summons by said sheriff
| is defective in that it does not show
that said service was made in Boone
| County. Missouri; that said William
| G. Herne, Richard X Herne, Paskel
krtley and Elijah kirtley were non
residents of the State of Missouri at
the time of said suit and service was
attempted against them by an order
of publication. but plaintiff states that
the records of said court do not show
any basis for said order of publication
no affidavit OF noIl-reSiience being
made and no summons was ever is
sued to Boone County, and no guard
ian ad ltem was ever appointed for
| William {. Herne and Richard X
Herne, who were minors without any
legally appointed guardian: that by
reason OF said defects said defend
ants Maria kirtley. Paskel Kirtley,
Elijah kirtley, Winiam c. Herne and
Richard X. Herne We're not divested
of title by said suit, ard the court ac-
Quired no jurisdiction over them there
IN; that said proceedings were further
defective in that the petition filed
| thtit4i NGo Ilpi ShOIH " anu ulu NOt
describe the land sought to be parti-
toned: that by reason of the premises,
the defendants, the unknown heirs,
deVisees. ConsortS and alienees of Will
liam c. Herne, deceased. of Richard
Il. HeTne. deceased, OF Maria kirtIey,
deceased, of Paskel Kirtley, deceased
and of Elijah Kirtley. deceased, re-
spectvely, appear of record to have
an interest in said land, and cloud
! Is thereby cast upon plaintiffs record
title thereto; that there is no deed
or other conveyance of record from
said William c. Herne, Richard X.
llerne. Maria kirtley. Paskel Kirtley
and Elijah kirtley, nor from any other
person Or persons for them or claiming
under them, Or any of them for said
land; that the said William Kirtley,
William c. Herne, Richard K. Herne.
Maria kirtley. Paskei kirtley, and
Elijah kirtley are al! long since de-
ceased, but whether they or any of
them died testate or intestate is to
plaintiff unknown; that whatever in
t2Tcst the defendants, the unknown
heirs. devisees. consorts and alienees
| OF William Kirtley. deceased, of Viii
/
X. Herne deceased. of Maria Kirtley.
deceased, of Paskel Kirtley, deceased,
and OF Elijah kirtley, deceased, re-
spectively, may have in said real es-
tate would be such as they might
claim, as heirs, devisees, consorts, and
alienees Of said deceased parties re-
spectively, on account of the above re-
cited defects in plaintiffs title. That
in the year 1874 one John l.. Hickman.
being the then owner of an undivided
one-half interest in said real estate.
executed and delivered to one William
Lientz, as trustee for the use of Bet
tie Z. Scott. a certain deed of trust,
dated August 26th, 1874, duly acknowI-
edged and CT record in Book IL at
Page z67 of the deed OF trust records
OF Boone County, Missouri, said deed
OF trust being given on said real es-
tate to secure to said Bette E. Scott.
the payment OF certain prOmissory
note therein described fer the sum of
Sl752.93 with interest thereon at the
rate OF ten per per anGum; that said
note and deed of trust have long since
been fully paid off and discharged, but
the same has never been released OF
record, by reason whereof a cloud is
cast upon plaintiffs title to said real
estate. That the said Bette E. after
wards intermarried with one G. NJ.
Thrasher, and her name is now Bette
| II. Tnrasher; that said Bette H.
fThrasher. defendant herein, is a non
resident Of the State of Missouri so
that the ordinary process of law can
not be served upon her in this state
Plaintiff further states that he verify
believes that there are persons inter-
ested in or who claim to be interested
ii the subject matter of this petition
as heirs, devisees. cOnSorts and alien
ees OF William kirtley, deceased. of
William c. Herne, deceased. of Rich
ard K. Herne, deceased, of Maria Kirt-
ley. deceased, of Paskel Kirt!ey. de-
ceased. and of Elijah kirtley, deceas-
ed. respectively, and as assignecs of
BETTE E. Scott and of Bette H.
IThrasher. whose names he cannot in
sert in this petition because they are
wholly unknown TO him; that what
ever interest the unknown assiSnees
OF Bette f. Scott and OF Bette II.
Thrasher may have in said real estate
would be such as they might claim
by assignment from said Bette E.
Scott or Bette II. Thrasher, before
or after her marriage as aforesaid. of
said note and deed of trust above
mentioned; and that he has described
the interests Of all such unknown de-
PENDANTS, and how derived, so far as
his knowledge extends.
1t is therefore ordered by the clerk
OF said court, in vacation, that the
said defendants be notified by publica-
ton that the plaintiff, by petition here
in filed. Of date August 18th, 1910,
has commenced against them an ac-
tion at law and in equity, the imme-
date object and general nature of
which is to enforce and establish a
lawful right, claim and demand to
and againts certain real estate within
the jurisdiction OF this court, to-wit,
an action to obtain decree of this
court declaring perfect and absolute
the record title Of this plaintiff by
limitation in and to the following de-
scribed real estate. lying, being and
situate in Boone County, Missouri, to-
Iwit: The Southwest part OF the
tNorthwest quarter of Section 5, Town
shin AZ of RaOpe 10 descrjhod nc