Mexico Missouri message., 1911-08-03
ORDER OF PUBLICATION.
State OF Missouri

~ NAN Cii1''N 49, w WIZ ADbBNtlll~
Der Term, 1911.
John r. Kelso Plaintiff
vs..
John VI. Daniel, Fl. c. 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 J. NJ. Rasco, Defendants
The State of Missouri, to Fife Har
ria and Mayo Harris, her husband,
John A. Pearson, William Rasco, MAYO
Rasco, R. d. Rasco, Brittle Rasco, Har-
ry Rasco and j. M. Rasco, non 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 (i-4) of the south
west quarter LA of section three 81
and the northeast quarter U-4) OF the
northwest quarter la of section ten iOl
all in township ffty-one OH north,
range ten (i0) 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., y.
Rasco, Birtie Rasco, Harry Rasco, Eff
fie Harris, Mayo Harris and j. NJ. Ras-
CO are each residents of the State
OF Missouri, and the ordinary process
OF this Court cannot be served upon
them.
It is further alleged in plaintiffs said
petition that on the I'd day of April,
1877, Andrew Birdl Daniel. tho 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 M. Daniel, II.
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 80 and payable one each
TO the benefioiaries 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 OF 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
he produced to the records Of deeds Of
Audrain County for cancellation, and
that said deed OF trust remains unsatis-
fled of record, thereby casting a cloud
upon the record title of plaintiff.
You are further notified that tho
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-
tion is returnable To the September
Term, i9l 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 notice
OF the tendency Of said pro-
ceeding b give by
publication. that "a copy hereof be pub
lished in the Mexico Missouri Message,
weekly newspaper printed and pub
lished in said Audrain County, Mis-
souri,. for four weeks successfully, the
last insertion TO be at least 10 days be-
fore the first day of said term OF Court.
State Of Missouri
County of Audrain
l, Z. F. Elliott, Clerk OF the Circuit
Court within and for the County and
State aforesaid, do hereby certify that
the above and foregoing is full, true
and complete copy of the Orrer of Pub
LEGATION in the case of John r. Kelso VS.
John M. Daniel, ct al, as fully as the
same remains on file and OF record IN
my Office.
WITNESS my hand and official seal
Done at office in the City of Mexico,
County and State aforesaid, this 10Th
day of July, 1911.
f. F.. ELLIOTT,
(seaD Circuit Clerk.
Anderson & Sapp, Ats. for Plaintiff