The Butler weekly times. (Butler, Mo.) 1881-1918, 1914-04-16
Order of Publication.

OIOCI VI uOlN0tAOh'
STATE Gcgu Of y stIss .,s.. IS.
In the Circuit Court, May Term, 1914. In
vactiGn. Ma Oh Eth -9A
Order Of Publication.
Charles H. Rush, Plaintiff.
David H. c. Cheathsm, Mary Elizabeth Cheat
han, Mary Elizabeth Yetser, william Page.
The Johneon Land Company "a ccrporstio9l.
selis wiicon .' Ethel i; i cowsn' Clyde Wilcos
Earl Wilcox. Gladys " ilcox. Lester Wilcox,
Chester Wilcox buei Wilcox. Charles Bos
we'll, Rose Brown, Mabel jackson. The I'M.
alienees or immediate, mesne or remote. vol
untary or involuntary grantee OF the follow
lowing named deceased pers 2ns: W. 4. Halls.
tain, LucYetia Gentry and William H. will
cox, and the unknown consorts, heirs, devil
sees, donees, alienees, or immediate. mesne
or remote, voluntary or Involuntary gran.
The named person b deceased: David q: ..
Chea ham, Mary Elizabeth l.heatham. Mary
Elizabeth Yeser. W. n. McEree, J w. Bad :
ger and Alfred Moudy, DE endants
plaintiff herein and dies his petition under
Ssisndsn,s, b.vId II: 9. chsatSsm.,. Mary
". n. McElree. j. " Badger and Alfred mou.
dy, II living are not residents Of the state Of
Missouri, and that the defendants. william
cox. Earl w,icox, Glaays wilco1, Lester Vii.
cex, Chester Wilcox, Busi wilcox, harles
Boswell, Rose Brown and Mabel Jackson. are
each and all non. residents Of the State Of Mis-
souri, and can not be served with the ordinary
process of law herein, and further alleging In
said petition, under oath, that he verify be-
lieves there are pereons interest In the SUBJ
ject ma ter Of his petition, filed In the above
entitled cause, whose names he cannot insert
therein, because the same are to him unknown.
That such unknown persons derive their re-
spective claims. or interests therein, II any,
they may have, as the consorts. heirs, devil
sees, donees, alienees or immediate. mesne or
remote, voluntary or Involuntary grantees of
David H. Cheatham, Mary Elizabsih Cheat
j. W. Badger, and Alfred Moudy, respective
ly, II they or either of them be deceased and
Of W. Haistain deceased, by reason of the
following facts and conditions. as alleged in
the petition, and 80 far as the same Is known
to plaintiff, tO-Wit:
Said David II. G. Chestham. entered the
hereinafter described real estate (the sui ject
matter Of this action) rom the United States
Government, In the year 1856. 90 shown by the
plat OF original Entries OF land in BATES Coun.
ty, Missouri, and never conveyed the same.
Cheatham. and then by deed effectively ac-
knOWledged, in that the same was taken by .
Justice nf the Peace, In johnson County, Mis-
souri,, being then and now county other than
that In which the land lie situated. said de-
fectively acknowledge deed also appears Of
record to have been dated prior to the date Of
the entry aforesa d by said grantor.
named as grantor in the detective deed from
said entryman. ss mentioned above, and such
interest as she may have acquired thereby, WAS
never ~ her pI ,S cqnvgyed o9t Sy desa
beth eiter, In which she was Joined by her
husband. the attempted to convey the interest
80 acquired as afoi esaid, but said d. "a was de-
fectively acknowledged in that the same was
not take n and certified by an officer authorized
TO take and certify the same.
That W. A. Haistain, was named as grantee
In the deed from The said Mary Elizabeth
Yeiser and husband last above mentioned,
anu such interest rs he thus acq nired, was not
prop rly conveyed in that the deed made for
that purpose by said Hsistain, was scknowl-
edged before Justice of the Peace in and for
Henry ouhty, Missouri. being then and now
a county other than that In which the real
es' ate Aforesaid was situated.
Plaintiff states that all of the mperfectly ex-
ecuted deeds aforesaid were and are of rec I'd
in the ONCE of the recorder of deeds in and for
Bates County, Missouri, and have been since
The year 1856. and plaintiff aud those under
whom he elaine nave held AMI ciaiIued title
to a, hi land by, through and der said deeds
That said Alfred MOudy, took sheriff 8 deed
to part Of the said real estate In 1855, and
never Convey Ell the interest so acquired, II any
That said J. W. dyer, also took sherifr'i
deed to part of said land, and quit claim
deed from one Albert II. Blachert, both said
deeds being dated In 1858 and the interest thus
acquired, II any, said j. W. Badger never con-
Vy.d 10 any on.
deed TO q part or interest In part OF said real
esta Q in the year 1855, and never conveyed the
interest SO acquired 10 any one
Each of the sheriff 8 def de aforesaid purpOrt
to convey the interest, If any Of one William
II. Wilcox, but no one OF said GRANTEES in the
said sheriff deeds, or any one for them have
ever been In possession Of said real estate or
any part thereof nor has anv Ons claiming by
through or under them or either of hem.
Plaintiff further states that there are or he
verify believes there are other persons inter-
ested in the subject matter OF his petition,
whose nam he ran no, insert herein because
,he same are to him unknown, 10 wit: the uu-
known cans0 Ia heirs, Gevlstes, dOnees, allen
e,s, or immediate m-sre or remote yolu tary
or involu tsry grantees OF William II. Wilcox
deceased and Lucr-t Gentry deceased who de-
rive their Interest In and to said real estate, II
any they ever had. IS heirs o. law end resid'
uary devisees Of one Isaac Wilcox deceased
said Isaac Wilcox having by mesne convey.
ances, from the entryman sforesaid, acquired
the title to aid real estate In 1879. lad In 1850,
OF chard NJ wilcox, by deed which is defect
i've as . conveyance Of the legal title That
thereafter. said Isaac Wilcox died, hesitate, In
a County, MisSG%ri and N and BY nis '.,t
cretla Gen.ry % two Of the residuary devisees
or his estate, and said William H. Wilcox and
said Lucretis Gentry, died without having con-
In and to the hereinafter described real estate
to any one so far 90 shown by the records In
and or said County and state.
Whereupon, IL is ordered BY the Clerk Of said
Court: in vacation. tina. laid d iendants be no.
titled by publication, that plaintiff has COM
m need suit against them Ia this Court, the
object and general nature OF which 10 to sub
init TO said Court, ana have 1t b. ar, try, sscer-
Ia n and determines. the title. estate and inter.
ests OF the plaintiff and defendants herein
mentioned, In and to the following described
real estase lying and being situate In the coun-
~ Of Bate and State OF Missouri, to-wit:
The North half or the South West quarter of
Section Thirty. four tSa) In Township Forty one
(4l) OF Range Thirsy-on one 1917 In said county,
and BY its Judgment and decree. define. I'D;
judge and declare the right. title, estate and
Interest OF the parties plaintiff and defendant
therein, sevtrally In ami to the said land, and
asking that the Court enter such orders, judg-
ments, and decrees Anu grant all such relief
legal and equitable In the premises, % the ma
tnfe OF she cause ann the rights and interests
OF she parties permit and require, the plaintiff
claiming the absolute title In fee In and TO aid
prsmises. and will oner proof to establish the
same
And that unls. . tie said defendants be and
appesr as this Court, at the next term thereo'
to be begun and holden at the Court House In
the City Of Butler, In said county on the fourth
Monday OF May, 1914, and on or before the
Aar, a. ~lA ~rnn Hk