The Butler weekly times. (Butler, Mo.) 1881-1918, 1914-04-09
Order of Publication.

Order OF Publication.
STATE OF MISSOURI,
County Of Bates, 30
Ia the Circuit Court. May Term, 1914. In
vacti.n. March 18th, .94.
Order OF Publication.
Charles H. Rush, Plaintiff.
David d. c. Cheatham, Mary elizabeth Cheat.
The JOHNSON Land Company "a eorporation).
Mcfffree i. ". Badger, Attref MUudyl
Belle Wilcox. Ethel Cowsn. Clyde Wilcox
Essi WHICH, @'s, GlIdys wtsos Lsss:r Wilcox
we'll. Rose Brown, Mabel Jackson. The nm.
known consorts, reirs, nevisees, donees.
alienees or immediate, mesne or remote, vol
lowing named deceased pers2ns: W. a. Halls
tain, Lucretia GENTRY and William H. Will
cox, aud the unknown consorts, heirs, devil
SEES, donees. alienees, or immediate. mesne
tees Of the following named defendants, II
the named pereon be deceased DAVID H. T..
G Gi han, Mary Eiizsbsth s,heathsm: Mary
grand Alfred Moudy, DE endants.
Now, at this day. cnrnes the above named
plaintiff herein and hiss his petition under
alleging ., a0Pf ether q snps: that Nah. the
v. Il. McE,rse. j. " Badger and Alfred aou.
ddy. II living are mot residents Of the state OF
Page, Belle Wilcox. Il hei Cowan, Clyde VIII
cox Earl Wilcox, Gladys Wilcox, Lester vii.
cox, Chester Wilcox. Buei Wilcox, harles
Eo;s BOYD ana Mabel
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.
ject ma ter Of his petition. Ill, 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, IL any
they may have. as the consorts heirs, devil
SEES. d0nees, alienees or immediate. met ne or
remote, voluntary or involu atary grantees of
ham or Mary Eiizabeth Yeiser, ". Y. Mcklree,
}. W. Badger, and Alfred Moudy. respective.
ly, II they or either OF them be deceased and
Of w. haistain deceased, by reason Of the
the petition, and so far 90 the same is known
= SAID sislr David Il. c, che.tb.m. entered the
he reinafter described real estate Ithe sui ject
matter Of this sction) rom the United States
Government, in the year 1856, as shown by the
plat OF original Entries OF land in Bats Coun-
ty, Missouri, and never conve, ed the same.
unless he did so In the name of David H.
Cheathem. and then by deed defectively &C.
knowledged, in that the same was taken by o
} ustce NJ the Peace, in johnson County, Mis-
that in which the land lie situated. Said de.
fectively acknowledged deed also appears OF
record to have been dated prior to the date Of
the tntry Aforesaid by said 81 antor
named as grsntor In the detective deed from
said entryman, as mentioned above, and snch
interest IS she may have acquired thereby, was
meyer ~ her properly but by deed
beth ciser, In which she was Joined by her
husband. she attempts to convey the interest
so acquired as aforesaid, but said d, Ell was de-
acknowledged, In that the came was
not taken and certified by an officer authorized
to take and certify the same.
That W. A. Haistain, was named a. a grantee
In the deed from .he said Mary Elizabeth
Yelser and husband last atove menliun.d,
amt such interes. Us he thus acquired, was not
prop riy conveyed in that the deed made Tor
that purpose by said Haistatn, was acknowl-
Henry ounty. Missouri. being then and now
q county other than that IN which the real
es' ate aforesaid was situated.
Plaintiff statesthat all of the imperfectly ex-
pcuted deeds aforesaid were and,are of rec I'd
In the office Of the recorder OF deeds In and for
Bates County, Missouri, and have been tince
The year 1885. and plaintiff aad those under
ne hY and sna @
That said Alfred Moudy, took sheriff deed
TO q part Gf the said real estate in isSs, anu
never Convey Ell the interest 80 a, CURED, If any,
That said J. W. b dyer, also took q sherif's
deed to . part of eaid land, and a qu,t claim
deed from one Alberta u. Blachert. both eaid
required. II any, said j. ". Badger never con-
vtytd 10 any on.
That said ". E McElree, also took sheriG's
Iced to part Or interest In Fart OF said real
'sta @ in the year 1883, and never conveyed the
interest so acquired to any one
Zach Of the sheriff 9 deeds aforesaid purport
Q convex the interest. II any OF one William
l. Wilcox, but no Ole Of said grantees in the
aid sherif's deeds. or any ons for them have
yer been In poe session Of said real estate or
ny part thereof, nor has any on claiming by
through or under them or either Of hem.
Plaintiff further states that there a,e or he
erily believes there are other persons inter-
stea in the subject matter OF his petiiioa
those nam he ian not insert herein because
be same are to him unknown, 10 wit: the I'M
nown consO to heirs, devisees, doneee, alien
IS, or immediate mt sne or remote volu tary |
r involu tary grant, es Of lillian II. Wilcox |
pceased and Lucret a Gentry DIT cased who de-
ny they ever had. as heirs a. law end resid.
AIRY devisees Of one lsAac Wilcox deceased
sid Isaac Wilcox having by mesne convey.
ne title to raid real estate In 1879, AID In 1880,
nd. rto1k t convey the same to the children
Richard M wilcox. by deed which is defect.
e .. convsysncs Of 1, the legal title That
A. County, MiAsourl, and In and by his last
i'll, named said William H wilcox, and Lu.
retia Gentry ~ two or The residuary devisees
Nd Lucretia Gentry, died without having con-
eyed The interest 80 devised to them, II any,
and to the hereinafter described real estate
any one 90 far % shown by the records in
ID or said County and State. -r-.-------------
Whereupon, II 10 ordered by the Clerk OF said
ourt, in vacation, that taid iendants be no.
ned BY publication, that plaintin has COM
need suit aga,nst them In this court, the
2ject and general nature OF which 10 to sub
NJ to said Court. and have 1t ht ar, try, tscer-
IN and determine The title. estate and inter.
If Of the plaintiff and defendants herein
In and 10 the following described
81 estate lying and being situate In the coun- r
Of Bates and STATE OF Missouri, to.wit:
The North half OF the South West quarter Of
.cti0n Thirty. four tSO In Township Forty. one
y OF Range Tbirly.one 1917 In said county,
ID BY Its judgment and decree, defue, sd.
dge and declare the right. title, estate and
terest OF the paYti, plaintiff and defendant
erein, severally In ami to the said land, and :
king that the Cont enter such orders, judg.
en,s, and DEGREES anu grant all such relief
gal and equitable In the premises. Is the ma
re OF she cause ami toe righte and interests
The parties permit and require, the piaintin
aiming the absolute title in fee In AMI TO aid
emiscs. and ill oner proof to establish the
me
And that unla.s the said defendants be and
peer at this Court, at the next term thereo'
be begun and holden at the Court House In
. City Of Butler, in said county on the fourth
aday Of May. 1914, and on or before the
% day OF said Term, answer or plead 70 the
'6tiob In said cause. the same Will b. taken
eonfs seed. and Judgment will Do rendered
eordingly.