Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1913-03-27


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 C
ton has been commenced against you
in the Circuit Court of Iron County,
Missouri, the petition having been
fled September 9Th, 1912; and you are
further notified that on this LIST 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
tiffsi petition as follows:
plaintiffs state that A. J. Carly
died interstate, on or about April Goth,
1896, siezed OF an undivided one-half
interest in and to the following de-
seribed tracts or parcels of land lying,
being and situate in Iron County,
State of Missouri, to-wit: The North
one-haH OF the Southwest quarter, the
East one-half of Lot One (1) of the
Northwest quarter, and 1928 acres,
being the South part of Lot Two (2)
of the Northwest quarter, in Section
One C), Township Thirty three (33),
North, of Range Three 90 East, con-
tanning about 40 acres; and the en-
tire interest in and to all of Lot Two
(2) of the Northwest Quarter of Sec
ton One (1, in Township Thirty
three (S3), North of Range Three (3)
East, except the 1872 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 @. Love, and his
mother, Elvira Carly, of the undivid-
ed one-half interest in and to the
North one half of the Southwestquar-
ter, the East one-half of Lot One %
of the Northwest Quarter, and 1928
acres, being the South part of Lot
Two ~ of the Northwest Quarter, all
in Section One ~ in Township Thirty
three (33), North, of Range Three 81
East.
gill. That said AL. Carly left as his
sole heirs, his children and issue, viz.
Johanna M, who intermarried
with VIM. HI. Symonds, and who is
now a widow, and one of the plaintiffs
herein: ] 90. 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. Fl. Symonds, decided al
her right, title and interest as heir o.
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 fled and recorded in Book 40
page $40, of the Iron County Records
of Deeds.
eEThat on the 25th day of April, 1899
J. @. Carly died intestate and with
out issue, leaving as his sole heirs his
widow, Louise Carly, defendant here
in, and his mother, Elvira Carly, now
deceased, his sister, Johanna NJ. Sym.
onds, and his brother, r. E. L. Carly
the latter being the plaintiffs herein.
t'That on January 4th, 1912, sale
Elvira Carly, widow of A. j. Carly
died t~estate, and by her will, duly re-
corded in Book 81, at page al, 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.
''That the only interest Johanna NJ
Symonds has in the land described
in paragraph one of this petition j
such interest as she acquired as he'll
of her deceased brother, J.. 9. Carly
she being entitled to a one-third par
of one-half of J. Q Carty's estate.
"That the only interest Louise Cart,
has in the land described in paragraph
one of this petition is such interes
as she acquired as the widow OF j. c
Carly; she being entitled to a one-hal
part OF his interest. That r. E. L
Carly acquired his interest in and t.
the land in paragraph one of this pc
tition, as heir of A. j. Carly, as broth
er of j. G. Carty, and the interest o
Elvira Carty, as heir of j. q. Carly, b,
the will of said Elvira Carly, abov,
mentioned.
"That at the time of his death J. c
Carly was entitled to a one-third par
of the lands described in paragraph
n of this petition.
aThat the parties having title to tn
whole of the North One-half of tn
Southwest Quarter, the East One-ha
of Lot One (1) of the Northwest Quar-
ter and 1928 acres being the Sout
part of Lot Two ~ of the Northwes
Quarter, all in Section One %, i
Township Thirty three, (33) North, c
Range Three (3) East, and their re
spective interests are as follows:
johanna M. Symonds is entitled t
a 1-36ths part thereof;
"Louise Carly is entitled to a 3-36th
part thereof;
"R. E. L. Carly is entitled to
32-36ths part thereof.
"That the parties having title to a
of Lot Two (2) of the Northwest quar-
ter of Section One (1), TOWNSHIP
Thirty. three 1887, North, of Rang
Three (3) East, except the 1928 acre
in the South part thereof, and the
respective interests are as follows;
Johanna M. Symonds is entitled t
a 1-1Sth part thereof;
"Louise Carly is entitled to a 3-1Sth
part thereof;
"R. e. L. Carly is entitled to
14-1Sths part thereof.
plaintiffs further state that Williai
@. Love, grandfather to plaintiff
herein, died seized of SO much of LIZ
Two (2) and the West one-half OF LIZ
Three (3) of the Northeast Quarter {
Section Three 90 in Township Thirty
three 1887, North, of Range One d
East, as lies North of the middle
Otter Fork of Black River, in Rey
nolds County, Missouri, containing 4
acres.
sThat said VIM. O. Love died tel
tate, leaving as his heirs under h
will his grandchildren, J.. O. Carly an
r. E. L. Carty, subject to the lii
estate Of his daughter, Elvira Cart,
mother Of said j. @. Carly and r.
L. Carty.
"That said Elvira Carly is now dc