Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1911-09-21
STATE OF MISSOURI,
COUNTY OF IRON. %
In the Circuit Court of Iron County, Mis-
souri,, October Term, 1917.
N. E. Gibbons, Plaintiff,


of Eliza Schultz, deceased; Mrs. Nelli
Downey, Mrs. Bertha Highfill 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 hi
petition and affidavit, alleging, anon,
other things, that all of the defendants
except George Schultz, Mrs. Nelli,
Downey, Mrs. Bertha Highfill and Ed
ward H. Fairchild are not residents OF thu
State of Missouri:
Whereupon, it is ordered by the Clerk
in vacation, that said defendants be mott
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 word:
and figures as follows, to wit:
STATE OF MISSOURI, |
COUNTY OF IRON. o'
In the Circuit Court of Iron County, Mo.
to October Term, 1917.
N. E. Gibbons, Plaintiff,
VS..
James B. Mackay, the unknown heirs O
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
known heirs of Catharine Guignon, de
ceased; Eliza Coleman, the unknown
heirs Of Eliza Coleman, deceased; Anna
liza Coleman, the unknown heirs O
Amalia Coleman, deceased; Julia
Bowles, the unknown heirs Of julia
Bowles, deceased; Simeon L. Barker
Stephen M. 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 Highfll and E.
Fl. 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 oi
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-
diatey 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 oi
James B. Mackay, deceased, are such per.
SONS as under the laws of the state oi
Missouri would inherit as the next Of kir
of said deceased or are such persons as
may be named as devisees or legatees O.
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 assign:
are to this Plaintiff unknown; that the
deed records of Iron County do not dis
close their names or the number OF saic
unknown heirs, devisees or assigns, O
the interest that said unknown heirs, dev
isees or assigns may claim in said rea
estate; that it is impossible for thu
Plaintiff to further describe the said par
ties or their interests or to state more
definitely whether said parties claim a!
heirs, devisees or assigns, or grantees o
said deceased, and it cannot insert thei
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
ton that Plaintiff has. or can obtain as K
said parties, their names, or the nature
OF their claims, or the extent Of the same
Plaintiff further states that The un
known heirs, devisees and assigns 3
Maria Mackay, deceased, are such per
sons as under the laws Of the State .
Missouri would inherit as the next Of XII
Of said deceased or are such persons a.
NAV be named as devisees or legatees o
The deceased in the will Of the deceased
and are such persons as may have ac
quired some right, title or interest o.
claim of right, title or interest as assign!
or grantees of said Maria Mackay, de
ceased: that the names and number o
said unknown heirs, devisees or as
signs are TO this Plaintiff unknown; tina
the deed records Of Iron County do no
disclose their names or the number Q
said unknown heirs, devisees or assign
or the interest that said unknown heirs
devisees or assigns may claim in SAT-
real estate; that It is impossible for tn
Plaintiff to further describe the said par
ties or their interest or to state NOR