The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1917-04-06

beginning, containing 20 acres of land
more or less, except all coal under
lying the same and all right and priv
ileges heretofore granted for the
mining and removal of said coal. Ref
erence is here made to the plat Of
Estill Heights, recorded IN the office
of the Recorder of Deeds of said La
fayette County for the location of
said South Street in said Estill
Heights.
Plaintiff states that the legal and
equitable title to the above described
real estate emanatd from the gov
eminent more than ten years before
the filing Of this petition, and that
said real estate now is and has been
for more than thirty-one years in
the lawful possession Of this plain
tiff and those under whom he claims
title, and who has during all this time
been in actual, open, n%otorius, adverse
and peaceable possession of the same
claiming title thereto.
That plaintiff also has title to said
real estate by and through mesne con-
veyances conveying to him the title
to said property; that said real es-
tate has not been in the possession
of said defendants, or either of them,
or any person claiming or who might
claim the title, or through whom de-
PENDANTS or either of them might
claim for mOr than thirty-one years.
nor have defendants, or either of
them or any one claiming title
through or under them paid any tax
es on said real estate during all of
said t~hirty-one years, except this
plaintiff and those under whom he
claims title who have paid the taxes
on said real estate for over thirty
one years; that the apparent title
or claim of defendants herein and
to said real estate is on account of
the title of the ancestors of said de-
PENDANTS, viz: James Bounds, Jr., de-
ceased, who derived his title by pat
ent from United States government,
July 5, 1926, which title said ances-
tor failed TO convey by any proper
conveyance, and which apparent ii
tie or claim of defendants is prejudi-
cial to the plaintiff and the apparent
title or claims of defendants herein
the unknown heirs, devices, alienees,
or assignees of Benedict Thomas, de-
ceased, to said real estate, is on ac-
count of a mortgage given by Isaac
Chanslor to Benedict Themes, of date
November 10, 1865, of record in Book
l., page 1853, Recorders office, Lafay-
cite County, Mo-, to secure a note of
same date for the sum of fifteen hun
bred dollars, which said mortgage re-
mains unsatisfed of record, although
the same has long since been paid.
Plaintiff states that he cannot insert
names of defendants herein because
the same are unknown to him. Where
fore by reason of the premises the
plaintiff prays the court to try, as
certain and determine the estate, IT,
tie and interest of the plaintiff and
defendants herein, respectively in and
to the real estate aforesaid, and to
define and adjudge by its judgment
and decree the title or estate and in
terest of plaintiff and defendants
herein s~everally in and to the afore-
said premises and that the court will
adjudge and decree that the plaintiff
is the sole owner in fee simple title
to such land and real estate and that
the defendants nor any of them dc
not have any legal right, title, claim
or interest thereto or therein, anC
said real estate be adjudged and de
creed to be in plaintiff, and that the
title to same be vested in him by
virtue of the Statute of Limitations
under the provisions of Section 1881
of revised Statutes of 1909, and that
said mortgage from Isaac Chanslol
to Benedict Thomas be held to be sat.
isied and for naught held and barred