Mexico Missouri message., 1915-07-22
ORDER OF PUBLICATION.

Zetta Heifner, nee Bradley, and hus-
band, M. L., Maggie Ryals, nee
Bradley and husband, J. M, and
Isaac Bradley, ....... plaintiffs,
VS.
Clarence M. Berry, Kennett o. Ber-
ry, H. Kay Berry, the unknown
heirs of Sallie J. Berry, deceased,
and the unknown heirs of Lula Ma
son, nee Berry, deceased, ........
. ....... ..... Defendants.
State of Missouri to the above
named nonresident defendants, and
unknown heirs of Sallie j. Berry and
Lula Mason, nee Berry, except Clar-
ence M. Berry, 49,. GREETING;
Now on this July goth, 1915, the
plaintiffs by their attorneys, Shannon
and Burch, and during the session
and setting of the regular June 1915
term of this court, filed and present
ed to the Court on July Is, 1915,
their petition and affidavit for an
order of publication and it appearing
| to the satisfaction of the Court that
defendants, Kennett o. Berry, and
| II. Kay Berry, are non-residents of
the State of Missouri and cannot be
summoned in this action as required
| by law, it is ordered by the Court
y
them and the unknown heirs that an
action has been commenced against
them by petition and affidavit in the
Circuit Court of Audrain County,
Missouri, vesting the title to certain
real estate described below.
Plaintiffs for their cause of action
state that they are the owners in fee
simple and in possession of the fol-
| lowing described real estate, situate
in the county of Audrain, State of
Missouri, to-wit
Lots Nos. One (1), Two (2),
Nine (9), Ten (10), Eleven CID
and Twelve (12), in Block Eleven
| (11), of Lakenan and Barnes High
land Addition to Mexico, Missouri:
That the plaintiffs are now in the
lawful possession of said land, and
| they, and those under whom they
claim, have been in the lawful, &C
tual, open, notorious, continuous
and adverse possession thereof,
claiming said land as their own, for
more than 80 years past
That title to said land is vested in
the plaintiffs, under and by virtue of
! certain deeds of conveyance, duly
executed and recorded in the Office of
| the Recorder of Deeds for said Au-
drain county, and by limitation, as
provided in section 1884, Chapter
81, Article 8, Revised Statutes of
Missouri for 1909, said section be-
ing entitled, Limitation-Real
Actions, and that the equitable til
tie to said land emanated from the
| Government of the UNIFIED States
more than 80 years ago.
Plaintiff states that on the 10th
day of June, 1887, John w. Berry
| became the owner in fee simple of
the above described land, under and
| by virtue of a warranty deed from
the owner thereof, and in the lat
| ter part of the year 1887 died in
| testate, leaving as his sole, surviv-
ing heirs, his widow, Sallie j. Ber-
ry, also known as Sarah Berry, and
his children, Clarence M. Berry, also
known as Clarence Berry, Lula Ma
son, nee Berry, Kennett o. Berry,
also Known as Kenneth Berry, and
H. Kay Berry, also known as Kay
| Berry:
Wherefore, the plaintiffs pray for
a decree vesting the title to said
premises in plaintiffs, in fee simple,
! under and by virtue of the afore-
mentioned deeds, and by limitation
as provided in section 1884, Chap
ter 81, Article 8, Revised Statutes
of Missouri for 1909, to have and
to hold the same unto themselves,
their heirs and assigns forever, free
and clear of all claims and claims
of title made or to be made by the
defendants, or by anyone claiming by,
through or under, said defendants;
that it be further ordered, adjudged
and decreed that defendants be and
are estopped from claiming any in
terest in or asserting any title to
the above described land; that the
title of the plaintiffs to said land
be declared a perfect legal and rec
ord title; and plaintiffs further pray
for such other and further relief in
the premises as to the Court may
seem just and proper.
1t is further ordered by the Court
that the said nonresident defendants
above named be and appear in this
Court on the LIST dayof the next regular
term thereof to be begun and hold
en- at the Court House in the City of
Mexico, County of AudTain, State
| of Missouri, on the Sixth day of
September, 1915, and on or before
the first day of said term to answer
vi Olu6IWlS6 plSdu W Sdlu pSIlIlOus
or in default thereof, said petition
will be taken and adjudged as con-
fessed and judgment by default will
be rendered against said defendants.
1t is further ordered that a copy
hereof be published at least once a
week for four consecutive weeks in
the Mexico Missouri Message, a
weekly newspaper duly printed in
English language and circulated in
said Audrain County, State of Mis-
souri,, and duly designated by plant
ifs Attorneys as most likely to give
notice to said defendants, the last
insertion to be at least fifteen days
before the commencement of said
term of Court.
Given under my hand this goth
day of July, 1915.
/ e. F. Elliott,
Clerk of the Audrain County Cir
cult Court.
| fr,,a aonxy F,nr, fI,a vanNpd