Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1911-09-14
Order of Publication

olepn6n M. barker, Mellon Barker, Ze-
no Barker, lie Grand Barker Gertrude
Barker; George Schultz, H. E. Schultz
Mrs. Amelia Farmer, Mrs. Eda Os.
born, Mrs. Nettie Christianer, sole heirs
of Eliza Schultz, deceased; Mrs. Nellie
Downey, Mrs. Bertha High6ll and E.
H. Fairchild, sole heirs of T. B. Grigs-
by, deceased, Defendants.
Now at this day comes the plaintiff
herein, by his attorneys, VIM. R. Edgar,
Sr., and VIM. R, Edgar, Jr, and files his
petition and affidavit, alleging, among
other things, that all of the defendants
except George Schultz, Mrs. Nellie
Downey, Mrs. Bertha Highfill and Ed
ward H. Fairchild are not residents of the
State of Missouri
Whereupon, it is ordered by the Clerk
in vacation, that said defendants be noti-
fed by publication that plaintiff has COM
menced suit against them in this Court,
the object and general nature of which is
fully set out in the petition filed in the
above entitled cause, which is in words
and figures as follows, to wit:
STATE OF MISSOURI, ! S.
In the Circuit Court OF Iron County, Mo-,
toiOctober Term, 1911.
N. E. Gibbons, Plaintiff,
VS..
lanes B. Mackay, the unknown heirs OF
James B. Mackay, deceased; Maria
Mackay, the unknown heirs of Maria
Mackay deceased; William Mackay,
the unknown heirs of William Mackay,
deceased; Catharine Guignon, the un-
l., of To4Ior;,,a 4 40
ceased Eliza Coleman, the unknown
heirs Of Eliza Coleman, deceased; Anna
liza Coleman, the unknown heirs of
Amalia Coleman, deceased; Julia
Bowles, the unknown heirs of Julia
Bowles deceased; Simeon L. Barker,
Stephen Nj. Barker, Mellon Barker, Ze-
no Barker, lie Grand Barker, Gertrude
Barker; George Schultz, H. E. Schultz,
Mrs. Amelia Palmer, Mrs. Eda Osborn,
Mrs. Nettie Christianer, sole heirs OF
Eliza Schultz, deceased; Mrs. Nellie
Downey, Mrs. Bertha Highfill and E.
II. Fairchild, sole heirs of T. B. Grigs-
by, deceased, Defendants.
Plaintiff states that he is the owner Of
the following described tracts or parcels
of land, lying, being and situate in the
County Of Iron and State of Missouri, to
. wit:
Lots one and two Of the northwest
quarter, and lot one OF the southwest
quarter of section seven; and lot one Of
the northwest quarter, and lots one and
two Of the southwest quarter of section
six, all in township thirty-four, north, of
range three east.
Plaintiff further states that the titles to
all of the above described land emanated
from the United States more than fifty
years ago.
Plaintiff further states that all OF the
above described lands have been in the
actual, open, notorious, hostile and adj
verse possession of said plaintiff and his
grantors for more than thirty-one years
next before the filing OF this petition.
Plaintiff further states that plaintiff and
plaintiffs grantors have paid the taxes on
all of said above described lands for more
than thirty-one consecutive years imme-
dately preceding the filing OF this petition,
and that none of the defendants, nor any
person under whom they or either Of
them claims or might claim title, have
been in actual possession OF said lands or
any portion thereof, or have paid any
taxes thereon, for more than thirty-one
years Immediately preceding the filing OF
this petition, nor have they or either OF
them ever brought any action to recover
said property or any part thereof
Plaintiff further states that the defend
ants claim to have some title, estate or
interest in the property above described
the nature and extent Of whose interests,
or from whom derived, this Plaintiff is un-
able to state more definitely because the
facts are unknown to him.
Plaintiff further states that the un-
known heirs, devisees and assigns OF
James B.,Mackay, deceased, are such per.
SONS as under the laws of the state Of
Missouri would inherit as the next Of kin
Of said deceased, or are such persons as
may be named as devisees or legatees oi
the deceased in the will Of the deceased,
and are such persons as may have acquired
some right, title or interest, or claim o.
right, title or interest as assigns OF
grantees Of said James B. Mackay, de.
ceased; that the names and number o.
said unknown heirs, devisees or assigns
are to this Plaintiff unknown; that the
deed records of Iron County do not dis
close their names or the number of sale
unknown heirs, devisees or assigns, OF
the interest that said unknown heirs, dev
isees or assigns may claim in said rea
estate; that it is impossible for the
Plaintiff to further describe the said par
ties or their interests or to state more
definitely whether said parties claim az
heirs, devisees or assigns, or grantees O
said deceased, and it cannot insert theii
names because they are unknown to him
that Plaintiff cannot describe their in
terests more definitely for the reason
that the above contains all the informa
tion that Plaintiff has. or can obtain as tc
said parties, their names, or the nature
of their claims, or the extent of the same
Plaintiff further states that the i'm
known heirs, devisees and assigns o
Maria Mackay, deceased, are such per
sons as under the laws of the State o
Missouri would inherit as the next Of XII
of said deceased or are such persons a.
may be named as devisees or legatees o
the deceased in the will OF the deceased
and are such persons as may have ac
uuired some right, title or interest ol
claim Of right title or interest as assigns
or grantees of said Maria Mackay, de
ceased; that the names and number O
said unknown heirs, devi5eeS or as
signs are to this Plaintiff unknown; tha
the deed records of Iron County do no
disclose their names or the number 0
said unknown heirs, devisees or assign
or the interest that said unknown heirs
devisees or assigns may claim IN salt
real estate; that il is impossible tor th'
Plaintiff to further describe the said par
ties or their interest or to state more
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