University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1916-05-23
against (2I52l)

against (2452ly
The unknown heirs, deyisees, consorts and
alieuees of William Hughes, deceased; the
unknown heirs, deyisees, consorts ana
ilienees of John Payne, deceased, the un-
known heirs, deNi>ees, cOnSOrts ana allenees
Of Joseph Payne, deceased. the unknown
heirs dcViSees cOnsorts aud alienees Of
John +. BurnaIn, deceased; the unhnoWll
heirs, devisees, consOrts and alIenees ol
Nathaniel Kagland, deceased; the unknown
dssiguecs of James l.. stephens, Deceased ,
and Annie H. Smith-Defendants.
THE STATE OF MISSOURI, 10 the above
named unknown defendants, GREETING =
Now ON this the 9th day of May. 1916,
la vacation before the June Term, 1916,
Of the Circuit Court of Boone County, MIS-
souri, comes the plaintiff herein, by his
attorneys, aud files his petition In suit
herein, duly verified 10y the affidavit o1
Ralph r. Finley, agent ana attorney Tor
the plaintiff, and in said petition states
that the defendants claim some estate, title
or interest ia aud 10 the real estate here
inafter described, the nature and character
of which claims are unknown To the plain
tiff aud whose claims the plaintlff cannot
describe further than is herein set forth ;
that said unknown parties derive or claim
To derive their title or claims as heirs, ue-
yisees consUrtS, alienees, or Immediate,
mesne or remote, voluntary or Involuntary
grantees of William Hughes. deceased, OF
John Payne, deceased, OF Joseph iayne,
decreased of John /. Burnam, deceased, OF
Nathaniel Ragland, deceased, and as as
>ignees Of James l.. Stephens, deceased, re-
spectivey, and that the interests OF lne
defendants 80 far as the plaintiff Is able
To ascertain and knows, are derived from
aud made apparent by the following facts
aud defects in the record title TO said real
estate:
That William Hughes, who acquired title
to that part of said real estate lying IN
the west half Of the northeast quarter OF
section 26. township As, range IL, by pat
ent, dated July 10th, 1877, conveyed the
same, by deed dated July 9th, 1858, ana
recorded in Book + ut page l3o OF the
Boone County, Missouri, deed records, TO
one George Payne, under whom the plain
tiff claims title. but that the said William
Hughes signed said deed as William
Hughs Sen, although he said William
Hughs Sen, was the same person as VII
liam Hughes, the patentee of said real es-
tate: that John Payne, who acquired title
10 all of said real estate lying in the north
east quarter of section 70, township 4S
range IL, by deeds recorded In Book f.
at pages 293 and 403 of said deed records,
does not appear of record to have ever
parted with his title thereto; that III the
year 1871 one George Payne died seized
aud possessed of all that part Of plain
tiffs real estate lying in the northeast
quarter of section II, township IL, range
l3 leaving surviving him number OF
heirs. including one Joseph Payne, who
became entitled to an undivided seven
thirty -sixths interest in said real estate by
inheritance; that all of said heirs, except
said Joseph Payne, conveyed their interests
to Nathaniel W. Wilson, who filed suit
la partition against said Joseph Payne, in
the Boone County Circuit Court, on Janu-
airy Sth, 1852: that in said suit judgment
of partition WAS rendered ana the IN
tereSt of said Joseph Payne was sold un-
der the order Of the Circuit Court. by the
sheriff of Boone County. to Nathaniel W:
Wilson. said sherffS deed being dated
February 10Th. 1SjG and recorded in Book
at page $50 of the Boone County deed
records. but that the legal title of said
Joseph Payne in and to said real estate
WAS not Invested out of him for the rea-
sou that the return of the sheriff on the
summons issued In said cause does not
show service on said Joseph Payne In ac-
cordance with the statute then in force;
that John +. Burnam, who acquired title
TO that part of said real estate lying in
the north half Of the northeast quarter OF
section 20, township 4S, range IL, by deed,
in the year 1863, which deed is recorded
in Book 81, at page 45i of said deed rec
ords. attempted to convey the same to
William A. White, by deed dated Febru-
AIRY 9Th. 1861, recorded in Book 40, at
pa ge 3Ji. but the description in said deed
Is indefinite and uncertain; that Nathan
lei Ragland who acquired title TO the
southeast quarter of section 2G, township
rs range II. in Boone County Missouri,
by patent on June LIST, 1se5. does not ap-
pear of record to have ever parted with
his title thereto: that on February 9Th.
1879. George Peach. being the then owner
Of that part of plaintiffs land lying In
the north half of the northeast quarter
of section 20. township ~. range 13. gave a
deed of trust thereon. recorded In Book
II at page % of the deed Of trust records
of said county, to secure to james l.. Ste
phens the payment Of a note for SIjDOO
hut that said deed of trust has never been |
released Of record; that the said William
John Payne, Joseph Payne. John |
+. Burnam and Nathaniel Ragland are all |
long since deceased. but whether they or |
any Of them died testate or intestate is to |
he plaintiff unknown. |
Ii is therefore ordered by the clerk Of |
said court, in vacation, that the unknown |
defendants he notified by publication that |
he plaintiff, by petition herein filed. Of \
late May 9th. 1916. has commenced against |
hem. in the Circuit Court Of Boone COun-
Y. Missouri. an action for the purpose Of
ryng, determining, settling. defining and
Iueting title Of the plaintiff in and to the
olowing described real estate. lying, be-
ng and situate in Boone County, Mis-
.ouri. to-wt: S2.S2 acres, part of the
inrtheast and southeast quarters Of sec
ion 2G in township IS, Of range 13. de-
crihed as follows beginning at the cen
er of said section. thence north 40 chains
- the northwest corner of said north
asst quarter, thence south 81 degrees east
80 chains. thence south 1904 chains to
stone in the road at the concrete cul- l.
ert thence south - degrees west 11.99
hainS. thence north 6.12 chains to a stone
N the east and west subdivision line Of
aid section. thence north 81 degrees 80
minutes west 9.12 chains to the beginning.
nd by which said action the plaintiff
eekS To forever bar and preclude the said
defendants and each of them, from setting
~ or claiming any interest in and to said
eal estate adversely TO the plaintiff, and
" which said action the plaintiff seeks
- have the deed Of trust and note for
90 recorded In Book L.. at page 81
4 the deed of trust records Of Boone
'ouniy. Missouri. declared fully paid and
iScharged.
II is further ordered that said defendants
~ and appear In this court, on the first
ay of the next term thereof to be holden
{ the court house in the city Of Column
ia. Boone County. Missouri, on Monday,
une 18th. 1916. To answer or plead TO
aid petition or IN default therein said
etition will he taken as confessed and
nd gmeut 10y default will be rendered
gainSt them. in accordance with the
rayer Of plaintiffs petition.
II iS further ordered that a copy hereof .
p duly published at least once a week
Dr four weeks successively in the Uni
ersity Missourian. daily newspaper
rinted. published and circulated Ia said
oone County. and designated by plain
ifs attorneys as most likely TO give no.
re to said defendants: the last insertion :
( said order of publication in said news ,
aper to be at least fifteen days before
le first day Of said next term Of said
Durt.
true copy from the record: (
Witness my hand as clerk Of the Cir =
nit Court Of Boone County Missouri. ana
le seal OF said court. Done at office in t
Missouri. this 9th day Of Nav, ,
ll6
JAS. f. BOGGS.