Mexico Missouri message., 1911-07-20


John r. Kelso Platntin
VS..
John NJ. Daniel, H. G. Daniel,
James w. Daniel, Charles G,
Daniel, George w. Daniel, Fife
Harris and. Mayo Harris, her
husband, John A, Pearson, Will
liam Rasco, Mayo Rasco, RID.
Rasco, Brittle Rasco, Harry
Rasco and ]. NJ. Rasco, Defendants
The State Of Missouri, to Fife Har-
ris and Mayo Harris, her husband,
John A. Pearson, William Rasco, Mayo
Rasco, R. D. Rasco, Brittle Rasco, Har-
ry Rasco and ]. NJ. Rasco, non-r resi-
dent defendants, Greeting:
You, the above named defendants,
are hereby notified that the above
named plaintiff has this 18th day OF
July, 1911, in vacation, filed with the
undersigned Clerk of the Circuit Court,
Audrain County, Missouri, his petition,
duly verified by affidavit, wherein it is
stated that the plaintiff is the owner in
fee and in possession of the following
described real estate, to-wit:-The
southeast quarter do of the south
west quarter 1-4) of section three (3)
and the northeast quarter 90 of the
northwest quarter( IA of section ten 10Y
all in township fifty-one (51) north,
range ten (t0) west of the 9th Princi-
pal Meridian, in Audrain County, Mis-
souri,.
1t is further alleged in said petition
that the defendants, John A. Pearson,
William Rasco, Mayo Rasco, r. D..
Rasco, Birtie Rasco, Harry Rasco, Ell
fie Harris, Mayo Harris and j. M. Ras-
co are each non residents of the State
of Missouri, and the ordinary process
OF this Court cannot be served upon
them.
1t is further alleged in plaintiffs said
petition that on the I'd day of April,
1877, Andrew Birdil Daniel, the then
owner of the above described land, exc
cuted and delivered deed of trust con-
veying the above described lands to
one Geo. B. Macfarlane, trustee for the
use and benefit of John NJ. Daniel, H.
c. Daniel, James w. Daniel, Charles
G. Daniel, Bette Rasco, George w.
Daniel, Ellie Daniel and John A.Pear-
son, which said conveyance was made
in trust to secure the payment OF eight
certain promissory notes, each for the
sum of 1888. 33 and payable one each
TO the beneficiaries named in said deed
oftrust, all of SAID notesbecoming dueand
payable after the death of one Matilda
Daniel; that said Matilda Daniel de-
parted this life on or about April 10,
1904. Plaintiff further states in his
petition that Andrew Birdil Daniel has
long since paid all of said notes and in
terest due thereon but that said notes
are either lost or destroyed and cannot
be produced to the records of deeds Of
Audrain County for cancellation, and
that said deed OF trust remains unsatis-
fed of record, thereby casting a cloud
upon the record title OF plaintiff.
You are further notified that the
general nature and object of this &C
ton is for an order and decree of this
Court declaring said notes duly paid
and satisfied and that the deed of trust
recorded in book "M," page 443 Of the
Deed Record of Audrain County be
cancelled, annulled and for naught held
and the same be declared to be no lien
on plaintiffs property above described
and no cloud on the title thereto.
You are further notified that said ac-
ton is returnable to the September
Term, 1911, of said Court, to be begun
and held at the Court house in the City
of Mexico, Audrain Country, Missouri,
on the first Monday in September, 1911,
when and where you may appear and
defend said action, otherwise plaintiffs
petition will be taken as confessed and
Judgment rendered accordingly.
1t is-therefore ordered by the Clerk
OF said Court, in vacation, that mott e
OF the tendency of said Iro-
ceeding BE given b y
publication. that copy hereof be pub
iEhed In the Mexico Missouri Message