University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1916-02-27
state of Missouri

state Of Missouri
County of Boone
In the circuit court, in vacation before
April Term, 1916
john Z. Scnwabe, Plaintiff,
! against (.ii0iJ
IC. q. Robinson, Jas. Web. sehwabe. W. l..
Silver, The Bank of Excelsior springs
the unknown consorts, heirs, deviseeS,
diienees, or immediate, mesne or remote
voluntary or Involuntary grantees of IL.
Ward deceased, defendants.
THE STATE OF MISSOURI, to the
above NAMED unknown defendants, greet
ing:
Now on this the 9Th day of February,
1916, in vacation before the April Term,
| 1916 OF the circuit court of Boone County,
Missouri, comes the plaintiff herein, by his
attorney aud files his petition i'll suit mere
in, duly verified by the affidavit OF the
pldlutlu, and III said petition states that
{. u. Robinson, who, on March ., 1907, was
| the owner of the real estate hereinafter de-
Scribed, undertook 10 execute deed of
trust thereon to secure to u. NJ. Schwabe
the payment of a note for three hundred
and nifty dollars; that il WAS the intention
1 OF the parties to said deed of trust to lave
| q. VI. Schwabe named as beneticIaIA ana
ia. Web. Schwabe tILs-a. and that thirty
days notice should he sven be:Jre sdid
D:YpeTty should be sold Lhoer said dee. Jf
trur,, bdt that the person who w-Ote said
ed II trust inadvertently and by miSt:thc
| IuIde tr. NJ. Schwabe trustee and Jas. Web.
SChWabe beneficiary and omitted to state
| the number of days notice that should be
given before sale Hereunder anu also
erroneously described the real estate COW
cred thereby; that the plaiutiu John e.
Schwabe is now the holder of said note,
by assignment from said u. VI. Schwabe;
that afterwards said Z. u. Robinson, and
Elizabeth Robinson, his vile, sold saId
property to Lou VI. Weldon, subject to
said deed of trust; that afterwards said
Lou NJ Weldon sold said property to Geo.
W. Todd, subject to said deed Of trust;
that afterwards George W. Todd and An
ME Il. Todd, his wife sold said property to
ii. Ward, subject to said deed OF trust;
tha. afterwards, on he.-day Of--19tJ saId
ii. Ward, who was single and had no child
or children surviving MIN, died lntestdte;
his death occurred more than nine months
prior 10 the filing of this suit; that there
are persons interested in the subject mat
ter of this suit whose names plaintiff can
not insert herein for the reason that they
are wholly unknown to him and whom he
cannot further describe than as being the
unknown consorts, heirs, deviSees, allenees
or immediate mesne or remote. voluntary
or involuntary grantees of ii. Ward, de
ceased, and that whatever title any of
said unknown defendants have or might
have in said land would be such as their
ancestor in title aforesaid would have il
still living and would derive to them from
said ancestor under said deeds.
Ii is therefore ordered by the clerk Of
said court, in vacation, that the said un
known defendants be notified by publica-
tion that the plaintiff, by petition herein
filed, of date February 9th, 1916, has COM
menced against them, and the other de-
PENDANTS herein, in the circuit court of
Boone County, Missouri, an action in two
counts. for the purpose. first, of reforming
the deed Of trust given by e. q. Robinson
and wife by which they attempted to con-
vey TO Jas. Web. Schwabe, as trustee, TO
secure to G.. NJ. Schwabe. beneficiary the
payment of note for three hundred and
fifty dollars, the following described real
estate, lying, being and situate in Boone
County, Missouri, to-wit: IS feet off Of the
North side of Lot Number of Wellington
Gordon's Subdivision Of part of the
North East Quarter and the North West
Quarter of Section ., Township IS. Range |
l., described as follows, to-wit: beginning |
at IL a point 114O feet . inches north Of
the center of said section :, thence east |
S26 feet to (2y: thence north 609 feet to |
t3, /; thence west S9J feet to IA; thence In !
Il southerly direction 609 feet to beginning, |
SO that said deed of trust. when re- |
formed shall conform to the true intent of !
the parties and for the purpose, second of |
foreclosing all interest, lien and equity OF |
redemption of the defendants in the prem |
ises above described and that the same |
payment Of said note and interest and |
costs.
1t is further ordered that said defendants |
be and appear in this court, the first |
day Of the next term thereof. to be holden 1
At the court house. in the city Of Columbia |
Boone County, Missouri, on Monday, April |
3rd, 1916, TO answer or plead to said pc
tition. or in default therein said petition |
will be taken as confessed, and judgment /
by default will be rendered against them. (
in accordance with the prayer of plaintiffs /
petition.
Ii Is further ordered that copy hereof ]
be duly published at least once Il week for 4
four weeks successfully. in the raiversity 4
NiSSourian. Il daily newspaper printed |
published and circulated in said Boone |
County. and designated by plaintiffs at /
torney aS most likely t. give notice 10 I
said defendants; the last insertion Of said .
order Of publication in said newspaper to 7
lee AT least fifteen days before the first /
day Of said next term of said court.
\ true copy from the record:
Witness my hand as clerk OF the circuit |
court of Boone County. Missouri. and the |
seal of said court. Done at office in Co. |
lumbia. Missouri, this 9th day Of Febru- /
airy. 1916.
JAS. E. BOGGS.
5SEAL.) Clerk.
{. Il. Seba stian.
Atty. for Plaintiff.
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