Mansfield mirror. (Mansfield, Wright County, Mo.) 1908-1957, 1916-06-15
Order of Publication

State of Missouri, GO
County of Wright,
In the CIRCUIT Court, Septem,
Der. term, 1916. l..
Frank Smalley, Plaintiff,
vs..
Joseph D. Whitaker, WA. Free
man, John Freeman, Polly Let.
singer and Mart Whitaker, if
living, if not. then his unknown
heirs, consort, devisees, donees,
alienees, mesne, remote, volun-
tary or involuntary grantees of
the said MartWhitaker deceased,
Defendants.
At this day comes the Plaintiff
herein, Frank Smalley, and files
his petition and affidavit, alleging,
among other things, that defend
ants, Joseph D. Whitaker, W. A.
Freeman, John Freeman, Polly
Letsinger and Mart Whitaker, if
living, if not. then his unknown
heirs, consort, devisees, donees,
alienees, and immediate, mesne,
remote, voluntary or Involuntary.
grantees of the said Mart Whit
aker, deceased, are not residents
of the State of Missouri, and that
the ordinary process of law can
not,be served upon them in this
state:
Whereupon it is ordered by
the clerk in vacation, that said
Defendants be notified by publ.
cation that Plaintiff has com.
menced a suit against them in
this court, alleging, among other
things, that he is the owner in
fee simple of the following des.
cribed real estate, situate, lying
and being in the County of
Wright, State of Missouri, towit:
The east half of the northeast
quarter, and the northwest quar-.
ter of the northeast quarter of
section thirty. six 1861, in town
ship twenty.eight (26), range fiji.
teen (15), west. That the Defen.
dants and each of them are heirs
at law of Anderson Whitaker, de.
ceased, and comprise all of the
heirs of said deceased; that 10.
seph D.. Whitaker, on the 9th
day Of April, 1901, conveyed to
plaintiff, by quit claim deed, two
shares of said estate; towit, his
own, and that of Mart Whitaker,
his brother; that on the 22d day
of March, 1901. W. A.. Freeman
and John Freeman, grandsons of
AndersonWhitake ,deceased,and
Polly Letsinger, granddaughter
of said Anderson Whitaker, de.
ceased, on the same day, made,
executed, and delivered to plain
tiff, their quit claim deed convey
ing all their right, title and inter.
est in said real estate to plaintiff;
that each of said deeds are regu.
lar upon their face, with the ex.
ception, that each of said deeds
were acknowledged before a JUS
tice of the peace in another coun-
ty to which said real estate is
situated; towit, in the County of
Douglas, and State of Missouri;
not having jurisdiction to take
such acknowledgements of the
deeds, so delivered to plaintiff,
that the defendants, and each of
them, claim or might claim and
assert title to said real estate,
and prays the court to hear the
evidence, try, ascertain and de.
termine the estate, title and in.
terest of the plaintiff and the de.
PENDANTS of, in and to said real
estate, and by its decree to ad.
Judge, determine, settle, quiet
and define the respective right,
title and interest and estate of
plaintiff and defendants, and if
the court finds that he is the sole
owner of said real estate, herein
above described, that. an order
and decree be entered of record,
forever barring and precluding
the defendants, or either of them,
as well az all other persons claim
ing by, through or under said de.
fendants,' from hereafter setting
up any title or claim to said real
property, and that unless the
said Joseph D.. Whitaker, W. A.
freeman, John Freeman, Polly
Letsinger and Mart Whitaker, if