The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1913-01-10

49, VI L1I
In the Circuit Court Of Lafayette
County, Missouri, at Lexington, Oc-
tOber Term October %. 1912.
Clay County State Bank, a Cor
poration-Plaintiff.
Kierstead Coal Company, a Cor
poration. George W.. Kierstead, and
Carrie Observation-Disclosures.
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 Kielstead Coal Company,
a corporation, organized and incor-
porated under the laws Of the State
of Missouri with it's principal OF
flee and place of business at Kan
sas City IN Jackson County, Mis-
souri,, returnable 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 BUSH
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 NJ.
Rood, Sheriff by Geo. V. Crisp, Dep
nty," 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 di-
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
and by its judgment and de-
cree to define and adjudge the title
estate and interest of said parties
;everally in and to the following de-
real estate, situate, lying
ana being In the County Of LataI-
cite and State of Missouri, towit:
Thirty.three 1882 acres, more or
less, being all that part Of the east
half of the southeast quarter of
section %, township so, range rs,
.ying south of the right of way Of
The Chicago & Alton Railroad, also
al that part Of the west half Of the
quarter Of said section Is,
township SO, range %, described as
beginning at the southwest
corner of the east half of the
southeast quarter Of said section rs,
hence west along the southern boun'
larry line of said section rs,
i.93 chains to a stake, thence north
o the Kansas City. st. Louis and
Chicago Railway Company's right of
thence easterly with said rail
-oad company's right of way to the
western boundary line of the east
lalf of the southeast quarter of said
2S, thence south with said
asst mentioned line to the place of
beginning. And all that part Of the
quarter of section q, in
.ownship so, of range number Is,
which lies south Of the right of
way of the Chicago G. Alton Rail-
road being fifty seven acres, more
Or less, with the coal mining shaft,
houses, mining apparatus, etc, used
the coal mining operations there
On, subject however, to the right of
way through and over said lands
- fhl ta.vV 90 TAwlas and tho nPiV-
.lege of using switch for shipping
products Of the 1870 acres conveyed
70 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
lace privileges are conveyed, towit:
The northwest quarter of section "a;
he north half Of the northeast
quarter of section "a; the unmined
coal under the southeast quarter of
section q; 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 27,
2S, "a and 80 in township number
of range number 25, said begin
ming point being at the intersection
Of said section line with the north
line of the right of way of the Chi
and Alton Railway Company,
south $50 degrees west 81
chains and Ga links, and parallel
with said railroad to a stake, thence
south 81 degrees and parallel with
said railroad 4 chains and 40 links