The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1910-10-22

action 20 recover the said real estate.
That said John J. Burtts, Marquis w.
Withers and Martin Fitzpatrick have
not nor n any Of them or "a OF the
said devisees. legatees, or heirs an
law or any Of them at any time eXecu-
posing OF said real estate or any
part thereof, except a certain con-
Neyance execute by Margaret FttZpat-
rick. Fannie Fitzpatrick, sarah Fitz-
patrick. Arabella Russell and William
Russell her husband claiming 90 be.
heirs OF Martin Fitzpatrick recorded IN
the office Of the recorder OF deeds
Tor Lafayette County, Missouri In Book
4 No. ] al page 2O6 and the last will
Of said Martin Fitzpatrick recorded In
the office Of the Probate Court for La
iayette County Missouri in WIN Record
A at page US which appear OF record
whereby OF record the said title, eX-
ceptilg as aforesaid appears 10 be In
the heirs, devlsees, legatees. aforesaid
Of the said John j. Burtis. Marquis W.
Wtthers and Martin Fitzpatrick and TO
be adverse to the title OF this plaintiff
10 said real estate.
That for the aforesaid reasons said
parties and persons herein named and
described and their heirs, devisees, leg
atees. claim to hav some title, estate
or Interest In and 70 the said real eS
tate.
That plaintiff claims 10 be and Is the
owner In fee simple title of and holds
the Zee simple title 10 the said real es-
tate herein described and every part
thereof.
That the said title has also vested In
plaintiff and those under whom he
claims title by limitation and under the
provisions of the sections, chapters and
Revised Statutes OF said state Of Mis-
souri, aforesaid.
Mrn.-.f- a. a. - A. A. III
OF said Circuit Court In vacation as fol-
lows.
To the said defendants the unknown
heirs of Martin Fitzpatrick, deceased,
and the unknown heirs Of John j. Bur
tbs, deceased; YOU are hereby notified
that the plaintiff has commenced a suit
against you in this cOu the object
and general nature Of which is TO quiet
the title to. and vest In plaintiff the Zee
simple title to. the real estate above
described because Of the facts aforesaid
and In consequence thereof because said
defendants seem to have record appar-
ent title TO said real estate or other
wise and derive or claim to derive their
titles and claims as cOnsOrts. heirs, do
nees, atlenees, immediate, mesne, or re
mote, voluntary or involuntary grantees
OF said named persons or persons here
tOfurc owners Of n having interests
in said real estate viz. Martin Fttzpat-
| rick, and John j. Burtis and to obtain
an order and decree of said court that
plaintiff have and hold the title TO said
real estate free and clear OF any all
right. title. interest n estate OF the
/ defendants and each and all Of them by
reason of the premises aforesaid.
That the court ascertain and deter
mine the estate, title and interest OF
the parties respectively In and to said
real estate and to define and adjudg5
by its order and decree the title, es-
tate and interest of the parties severally
herein In and to said real property. that
plaintiff nave and hold the title to said
real property free and clear of n anC
all rights, title, claim, estate or Interest
Of the defendants and each and all OF
them; that the court near and finally de
termine any and all rights, claims, in
terest, liens and demands whatsoever o
the parties and each and all OF then
concerning or affecting said real prop
erty and award full and complete re
lief whether legal or equitable TO tn
several parties and to each of them a
fully and with the same force and eff
feet as the court might or could do II
any other or different action brought b,
the parties or any Of them to enforc
any such rights, claims, interests, lien
or demands.
And that unless you the said unknown
heirs aforesaid be and appear at thi
court at the next term thereof TO be be
gun and holden at the Court House /
the City of Lexington in L~afayett
County Missouri on the 9Th day OF De
cember 1910 and on the first day q
said December term, answer or plead I
the petition in said cause the same wi
be taken as confessed and judgment wi
be rendered accordingly.
And IL is further ordered that a cop
7 hereof be published according to law
E THE LEXINGTON 1NTELLIGENCER
!, newspaper published In said County
Lafayette for four weeks successivel,
published at least once a week, II
last insertion to be at least fifteen day
g before the first day of said next d.
cember term 1910 of this court sa.
d newspaper being designated by the plat
G tn herein and approved by the undeI
signed Clerk Of this court.
]. w. SYDNOR,
Clerk Circuit Court Of Lafayette Count
4 Missouri.
A true copy from the record;
Witness my hand and the seal of sa
e Circuit Court Of Lafayette County Mi
} souri, this 2Sth day of September 1910.
J.. w. SYDNOR,
d Clerk Circuit Court Of Lafayette Coun
& Missouri.