The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1912-12-06

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COUNTY OF LAFAYETTE-ss.
In the Circuit Court OF Lafayette
County, Missouri, at Lexington, Oc-
tober Term October 20, 1912.
Clay County State Bank, a Cor
pOration-Plaintiff.
Kierstead Coal Company, a Cor
poration, George w. Kierstead, and
Carrie Kierstead-Defendants,
Now at this day comes the plain
tiff herein by its attorneys and
proves TO the satisfaction of the
Court that summons was duly is
sued in SAID cause on the twenty
fifth day Of September, 1912, against
defendant Kierstead Coal Company,
a corporation, organized and incor-
porated under the laws of the State
of Missouri with its principal or
flee and place of business at Kan
sas City IN Jackson County, Mis-
souri,, r~eturnable to the October
Term. 1912, of said Court, and on
the fourteenth day of October, 1912,
the first day Of said October Term,
1912, of said Court, directed and de-
livered to the Sheriff of Jackson
County, Missouri, the county in
which has been and is located the
principal office and place Of bust
ness of defendant Kierstead Coal
Company. That said Sheriff to
whom said writ was directed has
made return that said defendant
Kierstead Coal Company, cannot be
found which return is in words and
figures as follows. Further exc
cuted this writ in Jackson County,
Missouri, from the list day Of Octo-
Der, 1912, TO the IA day of October,
1912, by making diligent search for
and failed to find any office, or Of
ficer of the within named defendant
corporation Kierstead Coal Company
upon whom to serve this writ in
jackson County, Missouri. John M.
Rood, Sheriff by Geo. V. Crisp, Dep
uty," which said return was duly
made and filed in this Court on
the fourteenth day Of October, 1912,
And plaintiff produces here to the
Court the said summons and return
of said officer and the Court having
considered the evidence offered by
plaintiff, and being satisfied that
said return is true and being first
satisfied, finds that process herein
cannot be served and an Order Of
Publication being asked and re-
quested by plaintiff against the de-
PENDANT Kierstead Coal Company, a
corporation, it is ordered and dt
rected by the Court that the follow
ing Order of Publication issue and
be made and published in said
cause:
To the said defendant, Kierstead
Coal Company, a Corporation: You
are hereby notified that the plain
tiff has commenced a suit against
you in this Court, the object and
general nature of which is to obtain
a decree of this Court determining
the estate, title and interest of said
parties and by its Judgment and de-
cree to define and adjudge the title
estate and interest Of said parties
severally in and to the following de-
scribed real estate, situate, lying
and being in the County Of LafaY-
cite and State Of Missouri, towit:
Thirty-three (33) acres, more or
less, being all that part of the east
half of the southeast quarter Of
section %, township so, range rs,
lying south Of the right of way of
the Chicago & Alton Railroad, also
all that part OF the west half of the
southeast quarter of said section 2S,
township so, range rs, described as
follows; beginning at the southwest
corner of the east half Of the
southeast quarter of said section %,
thence west along the southern boun-
Diary line of said section %,
4.93 chains to a stake, thence north
to the Kansas City, st. Louis and
Chicago Railway Company's right OF
way, thence easterly with said rail-
road company's right Of way to the
western boundary line of the east
half of the southeast quarter of said
section 2S, thence south with said
last mentioned line to the place of
beginning. And all that part of the
southwest quarter of section q, in
township so, of range number rs,
which lies south Of the right of
way of the Chicago & Alton Rail-
road being fifty seven acres, more
or less, with the coal mining shaft,
houses, mining apparatus, etc, used
in the coal mining operations there
on, subject however, to the right OF
way through and over said lands
to the town of Corder and the priv
ilege of using switch for shipping
products of the 100 acres conveyed
to Hugh G.. Smith, by A. E. Asbury;
also, all the coal in and under the
following described tracts Of land,
with the usual mining privileges to
mine said coal, except that no sur
face privileges are conveyed, towit:
The northwest quarter of section "a;
the north half of the northeast
quarter Of section "a; the unmined
coal under the southeast quarter OF
section 81; being all the coal under
said quarter section, the same to be
mined within fifty years from the
date of the purchase from Fred
Lieser; also, beginning at a stake
IA chains and % links north of
the corner of sections number q,
28, "a and 80 in township number
so of range number %, said begin
ming point being at the intersection
of said section line with the north
line of the right of way of the Chi
cago and Alton Railway Company,
thence south S5h degrees west q
chains and 81 links, and parallel
with said railroad to a stake, thence
south 81 degrees and parallel with
said railroad 4 chains and 40 links
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