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

t $500
oscar Andieen, Plaintiff
The Unknown heirs Of Martin Fitzpat-
John J. Burtis, deceased, Iaohariah
j. Mitchell as trustee OF the company
for the tFirst Addition 70 the town
(now cltyl OF Lexington. MISSOURI, anu
Mary f.. smith. defendants.
Now at this day comes the plaintiff
by his attorney and files his petition
herein verified by his oath ana atiida-
Wit alleging among othsi INNS tnat
plaintiff Is the owner. aud IS in possess
ion Of. and that he and those under
whom he claims for more than thirty
years next prior to the filing OF the
petition herein nave been m me possess
sion OF. and have had and held open,
notOrious. adveres, continuous, peace
aDle n undisnuted possession OF, and
tina none OF the defendants during that
time rave ever made 10 plaintiff or
those whom he claims n claim
adverse 10 the clans of this plaintiff
or those under whom he claims. 20 the
following described real estate situate
and being in the city OF Lexington In
the County Of Lafayette and State
OF Missouri tOWit.
Lots numbered Two Co n Three 80
in Block numbered Forty-three ti3) OF
First Addition 10 the town (now cityl OF
Lexington rs the same appear upon the
N"N&N Va EAHN"A NAHE EN "AN 49,
record Ia the office Of the Recorder Of
Deeds for Lafayette County, Missouri.
That plaintiff claims said real estate as
the owner of the fee simple title there
to through, and by, c-onveyances from
and mesne c%Onveyances to, the parties
and original owners herein mentioned
and their grantees and that he verify be
lieves there are persons who claim 10
be interested In the subject matter OF
this his petition whose names he can
not insert therein because they are un-
known to plaintiff; that the claims and
interests therein of such unknown part
ies and how such claims interests
are derived, so far as known TO the
plaintiff, are as herein alleged; that
the names and the persons TO whom
snch title or claim was last transferred
or vested by government act, deed, OF
other written instrument, patent ano
entry, are as herein alleged ana suci
unknown persons derive or claim to de-
rive their title or claim as consort
heirs, devisees, donees, a%lienees, anc
immediate and mesne and remote ant
voluntary or Involuntary grantees o
such named person or persons.
That defendants claim to have som'
title, estate or interest in said real es'
tate and that none Of the defendants oil
their ancestors or those under whom
they claim nave been in possession o
said real estate or paid taxes Thereon
during the last thirty years nor nav
they or any Of them at any tint
brought any suit or action TO recover o.
contest the title to the same o
any part thereof.
That the title TO said real estat'
has vested in plaintiff and those unde
whom he claims title under the provis
ions Of section 1868 Of Chapter as o
the Revised statutes OF missouri 10
the year 1898, being section iSSt Q
Chapter 81 OF the Revised Statute
1903.
That the title to said real estat
emanated from the United states Gov
eminent Ia the ear 1921; that som
time prior to the 4th day of June, 1874
possession of said Lot Three CD !
Block Forty Three (43) of First Addi
ton to the town (now city, OF LeXing
ton. Missouri, was taken by one lsaa
l.. Henderson and one John S. Benson
under whom plaintiff claims title an
said Isaac l.. Henderson and John :
Benson, and those claiming title undo
them, lave had the actual, open ~
t%oriOus, continuous, lawful peace
able possession of the same ever sine
claiming title thereto, and that son
time prior to the 2lst day of Januaf.
1859 possession Of said lot Two ~ J
Block Forty Three (43) Of First Add
ton to the town NOW city, of LeXins
ton aforesaid was taken by one Geort
Farrar under whom plaintiff claims I
tie and that said George Farrar an
those claiming under him have had q
actual, adverse, open, notorious, contiii
uous, lawful and peaceable pOssesslt
OF the same ever since claiming tit
thereto.
That the title to said real estate
the year 1898 was vested In James !
Graham, George Houx, William Spra'
William Anderson and James AuH
trustees Of the company for y
(First) Addition to the town lhow cit.
of Lexington aforesaid with full pow
Of sale and conveyance and with II
power to appoint trustee or trustees al
III vacancies, said real estate haVli
-. .Tm44na int "a. n1HiNlnn nnmnnOn
known as the First Addition to lie.
ington, Missouri.
That defendant Zachariah j, Mitch'
was appointed by the surviving tru
tee as a trustee and acted as such /
conjunction with the survivors; that
Of said trustees excepting the sa
Zachariah 3. Mitchell a W died leavi
said zachariah j. Mitchell as the SC
surviving trustee.
That said trustee do not appear OF 7
cord to have ever conveyed SAID l.
Three CD Of Block Forty-three .t43l
First Addition to said City of LeXln
ton and the apparent title OF record
in said trustees and In the detenda
Zachariah j. Mitchell but that none
said trustees have been In possession
said real estate or paid any taxes thef
on for more than fifty ears and at
time did they or any Of them lnstitl
any action TO recover said real eSta
That John J.. Burtis had the title
said Lot Two % in Block Forty-thi
N4J) or flISl AuultlOu 10 lht wy
Lexington aforesaid apparently in !
year 1852 and died shortly thereat
leaving surviving him heirs at law OF
said John j. Burtts the names or Wh'
are unknown to this plaintiff but Il
neither the said John j. Burtis nor
heirs at law or any Of them ma
been I'm possession OF said real est
or paid any taxes thereon since 81
last year 1862 and for more h II
years and they and none of them ha
at any time instituted any action to
cover said real estate.
That Marquis w. Withers had so
lain Of title to and m~ortgaged.
other lien on said real estate In
year 1917 and died thereafter leay
a last win and testament probated
the probate court Of Lafayette Coul
Missouri wherein he b~equeathed 9
devised all his personal and real
tate TO his wife Mary A.. Withers
~solutely in fee simple title forever q
said Mary A. Withers was living
the death OF said Marquis w. With
and received title to all said pers0
and real estate Of said MARQUIS
Withers; that said Marquis w. with
left no children for their descendants
said Mary A. Withers became the oN
or In fee simple of said personal
real estate.
That said Mary a. Withers died the
after leaving as her only child and J
at law defendant Mary E.. Smith y
by reason thereof became the owner
the personal and real estate owned
said Mary A.. Withers at the time
her death; that said Marquis W. WI
ers, his heirs or devisees or legatees
Law under said will nor any OF u
AIaAw