University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-09-06

tiffs unknown; that there is no one
having authority to release said deed
of trust for her or as claiming under
her; that the notes secured by said
deed of trust were fully paid and de-
livered to the makers, Milton Nichols
and his wife, but have been lost or
destroyed and cannot be produced;
that the said Milton Nichols has also
departed this life leaving no legal rep
resentatiye who can make affidavit
of payment of said notes in order to
release said deed of trust, as required
by law; that plaintiffs acquired title
to said premises by mesne convey:
ances from said Milton Nichols and
wife. Plaintiffs further state that they
verify believe that there are persons
interested in or who claim to be In
terested In the subject matter Of this
suit as heirs, devisees, consorts. alien
ees and assignees Of said Mary Mich
OILS, deceased, whose names and places
Of residence are to the plaintiffs un-
known and whose names plaintiffs cam
not insert herein because unknown to
them; that said unknown defendants
derive or claim to derive their title or
claims under said deed Of trust as
heirs, devisees, consorts, alienees, as
sgnees or immediate, mesne or re-
mote, voluntary or involuntary gram
tees of said Mary Nichols. deceased:
and that plaintiffs have described the
interests of such unknown defendants.
and how derived, so far as their knOwl-
edge extends.
1t is therefore ordered by the clerk
of said Court, in vacation. that the
said unknown defendants be notified
by publication that the plaintiffs, by
petition herein filed, Of date August
26th. 1910. have commenced against
them an action in equity, the imme-
dia,o object and general nature OF
,hich is to enforce and establish law
full right, claim or demand to and
|against certain real estat" within the
Jurisdiction of this court, tu-wit. an &C.
ton to obtain a decree of this court
declaring the above described notes
and deeds of trust fully paid and dis
charged; that said deed OF trust above
described be cancelled and for naught
held and the cloud thereby cast upon
plaintiffs title to the following de-
scribed real estate, lying. being and
situate in Boone County, Missouri. to-
wit: Forty acres, the Southeast quar-
ter of the Southeast quarter Of Sec
ton Thirty, In Township Forty Nine.
of Range Thirteen. be removed; that
all of the right, title or interest. or
apparent interest. Of the defendants.
and each of them. be Invested out Of
them and vested in the plaintiffs. and
for such other and further and greater
relief as to the court may seem Just
and proper and as to equity and good
conscience may belong.
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
house in the city Of Columbia, Boone
County. Missouri. on Monday. the Bird
day of October, 1910. to answer or
plead to said petition, or In default
therein said petition will be taken and
adtudged as confessed, and judgment
by default will be rendered against
them.
| 1t Is further ordered that q copy
hereof be duly published at least once
week for four weeks successfully,
in the University Missourian, a daily
newspaper printed. published and cir
culated in said Boone County. and
designated by plaintiffs attorneys as
most likely to give notice to said de-
PENDANTS; the last insertion to be at
least fifteen days before said next
term of said court.
| A true copy from the record:
| Witness my hand as Clerk Of the
Circuit Court OF Boone County, Mis-
souri,, and the seal OF said Court. Done
at Office in Columbia. Missouri, this
Goth day Of August. 1910.
JAS. E. BOGGS.
| (SeaD Clerk.
| BY ]. o. PAISLEY
| T.
George ". Schwabe. Harr'
ley, attorneys for Plaintiff