Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1913-02-20
Louise Carly, defendant.

ouo1l PA~-Ath1i
VS..
Louise Carly, defendant.
The State Of Missouri to the above
named defendant, greeting:
You are hereby notified that an ae-
ton has been commenced against you
in the Circuit Court OF Iron County,
Missouri, the petition having been
filed September 9th, 1912; and yon 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
tiffs' petition as follows:
ssPlaintif states that A. j. Carly
died in~testate, on or about April goth,
1896, siezed of an undivided one-halt
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 a. of the
Northwest quarter, and 1928 acres,
being the South part of Lot Two (2)
of the Northwest quarter, in Section
One N, 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 ~, in Township Thirty
three 1881, North of Range Three CD
East, except the 10. % acres heretofore
described, containing about go acres.
"II. That R. E. l.. Carly, n 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 Southwest quar-
ter, the East one-half of Lot One ID
of the Northwest Quarter, and 1928
acres, being the South part OF Lot
Two ~ of the Northwest Quarter, all
in Section One a. in Township Thirty
three (S3), North, of Range Three (3)
East.
"TII. That said Al. Carly left as his
sole heirs, his children and issue, viz:
Johanna NJ, who intermarried
with VIM. HI. 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 al
her right, title and interest as heir Q
A. j. Carty in and to the land describ'
ed in paragraph n of this petition
to R. E. L. Carly by deed Of warranty
duly filed and recorded in Book 40
page 573, of the Iron County Records
of Deeds.
ssThat on the 25th day of April, 1899
J. G. Carly died interstate and with
out issue, leaving as his sole heirs hi
widow, Louise Carly, defendant here
in, and his mother, Elvira Carly, nov
deceased, his sister, johanna M. Sym
onds, and his brother, R. E. L. Carly
the latter being the plaintiffs herein.
sThat on January 4th, 1912, sal
Elyira Carly, widow of A. J. Carly
died t~estate, and by her will, duly re
corded in Book 81, at page 141, Q
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 N
Symonds has in the land describe
in paragraph one of this petition
such interest as she acquired as hei
of her deceased brother, J. @. Carly
she being entitled to a one-third par
of one-haf of j. @ Carty's estate.
ttThat the only interest Louise Cart
has in the land described in paragraph
one of this petition as heir of A. .
Carly, as brother of j. @. Carly, an
the interest of Elvira Carly, as heir {
j. q. Carly, by the will of said Elvir
Carly, above mentioned.
"That at the time of his death j. {
Carly was entitled to a one-third pa
of the lands described in paragrap
one of this petition.
s'That the parties having title to tn
whole of the North One-half of th
Southwest Quarter, the East One -ha
of Lot One () of the Northwest Qual
ter and 1928 acres being the Sout
part of Lot Two (2) of the Northwet
Quarter, all in Section One ~,
Township Thirty three, (33) North,
Range Three (3) East, and their r.
spective interests are as follows:
johanna M. Symonds is entitled
a 1-36ths part thereof;
"Louise Carly is entitled to a 3-36tl
part thereof;
ar. E. L. Carly is entitled to
32-36ths part thereof.
"That the parties having title to a
of Lot Two (2) of the Northwest qual
ter of Section One (1), TOWNSHIP
Thirty three 1887, North, of Rane
Three (3) East, except the 1928 acrt
in the South part thereof, and the
respective interests are as follows:
"Johanna NJ. Symonds is entitled
1-1Sth part thereof;
'Louise Carly is entitled to a 3-1Stl
part thereof;
"R. e. L. Carly is entitled to
14-1Sths part thereof.
"Plaintiffs further state that Villa.
@. Love, grandfather to plaintiff
herein, died seized of so much of Il
Two ~ and the West one-half of l.
Three (3) of the Northeast Quarter
Section Three (3) in Township Thirt,
three 1887, North, of Range One {
East, as lies North of the middle
Otter Fork Of Black River, in Re,
nolds County, Missouri, containing
acres.
'That said VIM. @. Love died te
tate, leaving as his heirs under
will his grandchildren, J.. G. Carly al
r. e. L. Carly, subject to the Il
estate OF his daughter, Elvira Cart
mother Of said j. Q. Carly and R.
l.. Carly.
'That said Elvira Carly is now d
ceased; that j. O. Carly died April
1899, intestate and without issu
leaving as his heirs his widow, LOU
Carly, his mother, Elvira Carly, ]
sister, Johanna M. Symonds, and
brother, r. e. L. Carly; that Elvl
Carly died January 4th, 1912, tests
and by her will duly recorded in 30
81, at page 141, Of the Iron Cour
Records Of Deeds, devised all Of /
interest in the above mentioned