Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1913-03-20

III Luc OlTCull OOulN VI nun 0RaAAN
Missouri, November LIST, 1912.
R. E. L. Carly and Johanna NJ. Sym
onds, plaintiffs,
VS..
Louise Carly, defendant.
The State of Missouri to the above
named defendant, greeting:
You are hereby notified that an ac-
ton has been commenced against you
in the Circuit Court of Iron County,
Missouri, the petition having been
filed September 9th, 1912; and you are
further notified that on this Isl day of
November, 1912, it being the fifth day
of the October term of said court,
plaintiffs obtained an order of publi-
cation notifying you that an action
has been commenced against you the
purpose of which is set forth in plain
tiffs' petition as follows:
ssPlaintiffs state that A. ]. Carly
died in~testate, on or about April goth,
1896, siezed of an undivided one-half
interest in and to the following de-
scribed tracts or parcels of land lying,
being and situate in Iron County,
State OF Missouri, to-wit: The North
one-half of the Southwest quarter, the
East one-half of Lot One (1) of the
Northwest quarter, and 1928 acres,
being the South part " Lot Two (2)
of the Northwest quarter, in Section
One ~, Township Thirty three (33),
North, of Range Three (3) East, con-
tanning about 140 acres; and the en-
tire interest in and to all of Lot Two
(2) of the Northwest Quarter of Sec
ton One "a, in Township Thirty
three 1887, North of Range Three (3)
East, except the 1928 acres heretofore
described, containing about so acres.
"II. That r. E. l.. Carly, one OF
the plaintiffs herein, is the sole owner,
by deeds and inheritance, from his
grandfather, William 9. Love, and his
mother, Elvira Carly, of the undivld-
ed one-half interest in and to the
North one-half of the Southwest quar-
ter. the East one-half of Lot One (l)
of the Northwest Quarter, and 1928
acres, being the South part of Lot
Two (2) of the Northwest Quarter, all
in Section One ID in Township Thirty
three (33), North, of Range Three (3)
East.
Gill. That said Al. Carly left as his
sole heirs, his children and issue, viz:
Johanna M, who intermarried
with VIM. H. Symonds, and who is
now a widow, and one of the plaintiffs
herein; J.. @. Carly and r. E. L. Carly,
sons; and his widow, Elvira Carly,
now deceased.
"That on the 9th day of April, 1898,
Johanna M. Symonds, with her hus-
band. VIM. II. Symonds, decided all
her right, title and interest as heir OF
A. J. Carly in and to the land describ
ed in paragraph one OF this petition,
to r. E. L. Carly by deed OF warranty,
duly filed and recorded in BOOK Az,
page 573,of the Iron County Records
OF DEEDS.
s'That on the 18th day of April, 1899,
J.. G. Carly died interstate and With
out issue, leaving as his sole heirs bis
widow, Louise Carly, defendant here
in, and his mother, Elvira Carty, now
deceased, his sister, Johanna M. Sym
onds, and his brother, R. E. L. Carly
the latter being the plaintiffs herein.
"That on January 4th, 1912, sale
Elvira Carly, widow of A. j. Carly
died testate, and by her will, duly re
corded in Book 81, at page 141, o
the Iron County Records of Deeds, de
vised all of her interest in said land
to her son, R. E. L. Carly, plaintiff
herein.
ssThat the only interest Johanna M
Symonds has in the land describes
in paragraph one of this petition i
such interest as she acquired as hei
of her deceased brother, j. @. Carty
she being entitled to a one-third par
of one-half'of ]. Q Carty's estate.
'tThat the only interest Louise Cart
has in the land described in paragrap
one of this petition is such interef
as she acquired as the widow o. j. {
Carly; she being entitled to a one-ha
part of his interest. That R. E. /
Carly acquired his interest in and
the land in paragraph II of this Pc
tition, as heir of A. j. Carly, as brotl
er of j. @. Carly, and the interest
Elvira Carly, as heir of j. y. Carly, b
the will of said Elvira Carly, abov
mentioned.
"That at the time of his death j.
Carly was entitled to a one-third pa
of the lands described in paragraE
one of this petition.
'sThat the parties having title to Il
whole of the North One halt of ii
Southwest Quarter, the East One ha
of Lot One O. of the Northwest Qua
ter and 1928 acres being the Sou
part of Lot Two % of the North we
Quarter, all in Section One Cd,
Township Thirty-three, (33) North,
Range Three 81 East, and their +
spective interests are as follows:
Johanna M. Symonds is entitled
a 1-36ths part thereof;
"Louise Carly is entitled to a 3 1856
part thereof;
ar. E. L. Carly is entitled to
32-36ths part thereof.
"That the parties having title to
of Lot Two (2) of the Northwest qua
ter of Section One "a, Townsh
Thirty. three 1887, North, of Ran
Three (3) East, except the 1928 ac1
in the South part thereof, and tn
respective interests are as follows:
IJohanna M. Symonds is entitled
a1-1Sth part thereof;
"Louise Carly is entitled to a 3-1SI
part thereof;
"R. e. L. Carly is entitled tc
14-1Sths part thereof.
"Plaintiffs further state that Will
@. Love, grandfather to plant
herein, died seized of SO much of J
Two ~ and the West ne-half of
Three % of the Northeast Quarter
Section Three (3) in Township Thir
three 1881, North, of Range One
East, a lies North of the middle
Otter Fork of Black River, in r
nolds County, Missouri, containing
acres.
t'That said VIM. @. Love died {
tate, leaving as his heirs under
will his grandchildren, ]. o. Carly
r. e. l.. Carly, subject to the
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