Mexico weekly ledger., 1914-07-30


II. Hardin and Melissa NJ. Jewell
-. .. :. Defendants.
The state Of Missouri 10 the above
named defendants. creetinEs
Now. on this July s1st 1914.
comes the PLAINTIFF by his Attorney,
and files with the Clerk Of the Au-
drain County Circuit Court, IN va
cation, his petition and affidavit where
in among other things plaintiff al
leges that he Is the owner In
tee simple and in possession Of the
following tract OF land located tn
Audrain County. Missozss te~lt:
Tho West half Of the Southwest
quarter Of Section No. thirty-two esd
Township nftyone t5I). Range
Ten uo); that the legal title to
the same eminated from the United
tates Government in tho year 1885,
that the title has passed iromsaid pat
enteebyregular and mesne conveyance
es to and vested in one Joseph Bett
o'Rear in the year 1870; that the
said Joseph Bett o'Rear made and
executed q deed conveying said
premises in the year 1876. but the
said orear signed said deed as Jo-
seph B. o'Rear. thus creating a
discrepancy in the name by which he
acquired title and the same by
which he conveyed title, thus leav-
ing the record title to said prem
ises vested in the said Joseph Bett
O'Rear; but that plaintiff and
those under whom he claims have
been IN the open. notorious. un-
disputed, adverse and ~peaceable pos
session Of said premises for mor
than thirty years last past and
have paid all the taxes levied
against said premises during all that
time.
Plaintiff further states that one
Of the former owners Of said prom
Uses made and executed a deed Of
trust on said premises in the year
1868 to Chas H Hardin as trustee tc
the use of Melissa NJ. Jewell to Sc.
cure the payment of a certain
note In said deed OF trust de-
scribed which Is recorded in Book
No. "E' at page No. 81, OF the
deed records OF Audrain County, MI
souri,; that said trustee in the yeal
1869 entered a marginal release o.
said deed of trust. but that said
marginal release Ia irregular, INSULT
Client and without authority OF rec
ord, thus leaving said deed OF trust Q
record lien on said premises. but
that the note secured thereby ha'
long since been fully paid and dis
charged and no recognition haI
been given said deed OF trust since
the year 1869, and no demand hai
been made OF any owner Of said prem
ises for any payments thereon, ant
that the same is long since barred BY
the Statute Of Limitations In such
cases made and provided.
1t Is therefore ordered by SAX
Clerk. in vacation. that said un
known and nonresident defend.
ants be notified by publication tina
plaintiff by petition and affi
dayit filed herein this date
July 2lst, 1914, have com.
menced against said defendants al
action at law OF which is to en-.
force and establish a lawful right t
the above real estate described ii
Audrain County, Missouri.
1t is further ordered that tn
said defendants be and appear ii
this Court on the first day Of th,
next regular term thereof to b,
begun and holden at the Court
House in the City Of Mexico, Audrail
County, Missouri, on Monday, tn,
7th day Of September, 1914, and OIL
or before the first day of said tern
to answer or plead to said petition
or in default thereof said petition
will be taken and adjudged as con
fessed and judgment by default will
be rendered against said defendant.
1t 10 further ordered that a copy
hereof be published at least ono
a week for four consecutive week
In the Mexico Weekly Ledger,
newspaper duly printed in the On
gHsh language. published in Mex
leo, Missouri, and circulated in An
drain County, Missouri and duly DIES
ignated by plaintiffs Attorney a.
most likely to give notice to sal;
defendants, the last insertion =,
be at least fifteen days before In,
commencement Of said Term Of
Court.
lsEAL) Witness my hand and ON
cial seal. Done at office in me
City Of Mexico. County and State
aforesaid. this July 81, 1914.
z. F. ELLIOTT,
Clerk Of the Audrain Circuit Court
A true copy from the record
Attest. e. F. Elliott, Clerk.
Arthur Bruton. Atty fer Plaintiff.
21-4t