The daily Missourian. [volume] (Columbia, Mo.) 1916-1917, 1916-11-24

. County of Boone. fore January Term
I 1917.
e A. ]. Caldwell ------- Pl,,n,;r
!, against (24122)
The unknown heirs, devisees, consorts and
alienees Of Gabriel Turner, deceased: the
unknown heirs, devisees, consOrts and alien
! ees Of Henry Keen, deceased; and the un
known successors heirs devisees. consorts
and alienees Of the Trustees Of the Town OF
: THE STATE OF MISSOURI. to the abovs
! named defendants, GREETING :
Now ON this the 2ith day Of November.
! 1916. in vacation before the January Term
, 1917, OF the Circuit Court of Boone County
Missouri. comes the plaintiff herein, by his
? attorneys, and files his petition in suit
, herein, duly verified by the affidayit ~
Ralph T. Finley, agent and attorney for or
the plafnt1h. and In said petition STATES
that he verify believes that there are per
sons interested fn, or who claim to be
interested in. the subject matter of this
suit as heirs. devisees. consorts and
alienees Of said Gabriel Turner. deceased
and OF said Henry Keen, deceased, re,
spectively, and as successors. heirs de-
visees. cOnsorts and alienees Of said Trus-
tees Of the Town of SmithtOn, whose names
and places Of residence are unknown to
the plaintiff and whose names the plain
tin cannot insert In said petition because
unknown to him; that said unknown heirs
devisees. consorts and alienees of said
Gabriel Turner, deceased. and of said
Henry Keen. deceased. derive or claim to
tuelE TUE OF cldlnS as nelrS. de-
visees, consorts, alienees, or immediate.
mesne or remote. voluntary or involuntary
grantees Of said deceased persons. respec-
lively; that said unknown successors,
heirs. devfsees. consOrts. and aienees Of
said Trustees of the Town Of Smithton de-
rive or claim to derive their title or claims
as successors heirs, devisees, coGsorts.
alienees or immediate. mesne or remote
voluntary or involuntary grantees of said
Trustees of the Town Of Smithton. And
plaintiff further states In said petition that
the defendants appear Of record to be in
terested In said real estate by reason Of
| the following facts and defects in the rec
| ord title thereto, to-wit:-
That Gabriel Turner acquired title to
the land on which said Guitars Addition
and said Wilson's First Addition are To-
Gated. by deed dated November 1, 1851.
recorded in Book U at Page 741 of the deed
records Of Boone County. Missouri; that
thereafter. on July 21, 1854. said Gabriel
| Turner attempted to sell and convey said
land to one Henry Keen. by deed recorded
in Book W at Page $40 Of said deed rec
ords, but the description in said deed re-
fers to certain monuments which are long
| since destroyed and said description Is
| otherwise indefinite. so that the land in
tended to be conveyed cannot now he
definitely located. -
That said Henry Keen on July d. 1884.
by deed recorded in Book W at Page 596
Of said deed records attempted to convey
| said real estate to Nathaniel W. Wilson.
hut the description in said deed is like
Wise inueun1te anu 1nSuIucient TO tOnNtg
the record title to said real estate.
That on August %. 1924. the Southeast
Quarter Of Section II. Township 4S. Of
Range IL. in Boone County. Missouri. on
Gated. was patented by the United States
of America to the Trustees of the Town
Of SmithtOn as shown by patent recorded
in Book A at Page 369 Of said deed rec
ords: that said land was patented to said
trustees as tenants In common and not as
joint tenants. that plaintiff Is Informed
and believes that the name of said Town
Of Smithton was afterwards changed to
Columbia and the trustees of the Town Of
Columbia. who were the successors Of said
Trustees Of the Town Of Smithton. hut the
names Of said Trustees were not inserted
in said patent and there Is no deed or other
Of the Town Of Smlthton.
And plaintiff further states In said peti-
tion that he has described the interests Of
all Of said unknown defendants. and how
derived. so far his knowledge extends:
that said Gabriel Turner Henry Keen and
the Trustees Of the Town Of Smithton are
all long since deceased. but whether they
or any Of them died testate or intestate
is to the plaintiff unknown.
1t Is therefore ordered by the clerk OF
said court In vacation. that the said un-
cation. that the plaintiff by petition herein
fled Of date November "a. 1916. has COM
menced against them. in the Circuit Court
Of Boone County. Missouri. an action for
tnC puTDoSt VI tTylng. utteFullu1HS. vel
tling. defining and quieting the title to the
following described real estate lying. be-
Ing and situate in Boone County Missouri
to. Wit Lot Number Twenty Nine t29,
a part of Lot Number Twenty Eight (2S)
and part Of Lot Number Forty Eight
l4S) In Guitars Addition to the town. now
City. of Columbia. and a part Of Lot Num-
per seia -Four our ti In Wilson First addition to
follows:- Beginning at a point 1876 feet
West Of the Northeast corner Of said Lot
Number ~ In Guitars Addition, being an
80. thence West to an iron point tD. in
said Survey. at the Northwest corner of
said Lot Number 20. thence South 1912
Ieet to point (u) in said Survey, the
thence East to a point Is feet West of
point W in said Survey, to an alley.
hence Northwesterly to point 10 feet
West West OF point 30 feet North Of he
hence East 10 feet to said point 30 feet
Worth ,",na. Of af said said point ", the Southeast
East 81 .25 feet to point 15S in said Survey,
hence North to point ~ In said Survey,
ne beginning: and by which said action
,laintin seeks to forever bar and preclude
rom setting up any interest or claim in
plaintiff
It is further ordered that said unknown
he first day Of the next term thereof. to
'e holden at the Court House in the City
y Columbia. Boone County, Missouri, on
Monday. January 1st. 1917 to answer or
'lead to said petition. or in default there
n said petition will be taken as confessed
md judgment will be rendered against
hem. In accordance with the prayer Of
Plaintiffs petition.
1t is further ordered that a copy hereof
'e duly published at least once q week
or four weeks successfully In The Daily
iissourian. daily newspaper printed.
and circulated In Boone County.
nd designated by plaintiffs attorneys as
most likely to give notice to said de-
endants; the last insertion of said order
4 publication In said newspaper to he at
Fast fifteen days before the first day Of
aid next term Of said court
trne copy from the record:
WITNESS my hand as Clerk Of the cir
cult Court Of Boone County. Missouri
and the seal of said court Done at Of
nee In Columbia. Missouri, this 24th day
Of November. 1916.
JAS. r. BOGGS. Clerk
,sr BY r. s. POLLARD, Deputy.
tfys for Pif.