The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1917-01-12
John sullivan and Timothy Sullivan:

Robert E. l.. jackson, a Minor.
The unknown c~onsorts, heirs, devil
sees, alienees, or immediate, mesne
or remote. voluntary or Involuntary
grantees, of Isaiah Smelssr, deceased,
The unknown consorts, heirs, devil
sees. ~alienees, or immediate, mesne or
remote, voluntary or Involuntary
grantees of Nancy Smelser, deceased;
and the unknown consorts, heirs, devil
sees. alienees, or immediate, mesne,
or remote. voluntary or Involuntary
grantees Of Susan Jane Hall, deceas-
ed, Defendants
Now at this day come the Plaintiffs,
bv their attorney, Thomas A Walk
err. and file their petition, duly verified
by the affidavit of Thomas A Walker,
their attorney and agent, alleging
among other things, that the places
of residence Of all the defendants,
ether than the defendant, Robert e.
y. Jackson, are unknown to the Plain
tiffs and said unknown defendants can
not be served with the ordinary pro-
cess of law as required by the Stat
utes. Plaintiffs petition alleging and
being in words and figures as follows:
Plaintiffs state the places OF
residence Of all the defendants other
than the defendant Robert e. l..
Jackson, are unknown to the plain
tiffs, and that said unknown defend
ants can not be served with the or
binary process of law as required by
the Statutes. +.
And Plaintiffs for their cause of
action state that they are the own
ers and in possession Of and claim
title to the following described real
estate situated in Lafayette County,
Missouri, to wit:
The Northeast quarter of the south
east quarter, and the southwest quar-
ter of the North east quarter, all in
section seventeen, township forty
nine, Range Twenty four
Plaintiffs state that there are or
that they verify believe there are
persons interested in or who claim to
be interested in the subject matter
of this petition, whose names plain
tifs can not insert herein, because
they are wholly unknown to them, and
whom they can not further describe
than as being the unknown consorts,
heirs, devisees, alienees, or immediate
mesne or remote, voluntary or in
voluntary grantees, Of Isaiah Smelser,
deceased, and of Nancy Smelser de-
ceased and Of Susan Jane Hall de-
ceased, respectively.
That said unknown parties derive
their title or claim to derive their IL
tie or claims as consorts, heirs, devil
sees. ~alienees or immediate, mesne OF
remote, voluntary or involuntary
grantees, of the said Isaiah Smelseri
deceased, and of the said Nancy
Smelser, deceased and Of the said
Susan Jane Hall, deceased, respect
lively.
That the interests Of the defend
ants herein, as far as plaintiffs are
able to ascertain and know are de-
rived from and made apparent by
the following facts and defects in the
record title of said Real estate.
Plaintiffs state that in the year
1843 n John Smelser wal the own
err of said real estate and died ir
said year without ever having con
veyed the same Of record, that on the
death of the said John Smelser h
left as his only heirs at law, Nancy
Smelser, his widow, who has since
died, Isaiah Smelser, John r
Smelser, Benjamin Smelser, Rebeccs
A. Smelser, who afterwards inter
married with one William A. Sam,
pie, Susan Jane Hall who after,
wards intermarried with one Luke
Hall, and Mary E. Smelser, who af
forwards intermarried with one Will
lam Hickman, his children, to whom
said real estate descended each being
vested with an undivided one sixth in
terest in said real estate subject to tn
Dover interest of the widow. Blu
| it does not appear from the recorl
{ that the said Isaiah Smelser ever con
| veyed his interest in said Real es
tate. That on the 18th day Of Aug
|, ust 1853 the said Susan Jane Ha'
: and Luke Hall, her husband, by thei
: deed of that date attempted to cor
: yer her interest in said Real estat
d TO Nancy Smelser, that said dee
d was recorded in the Recorders ofiC
for Lafayette County, Missouri Q
d the 10th day of November 1853
Book "V" at Page 6S and wheth,
d she did in fact convey her intere
: Plaintiffs are unable to say, but if 81
did not, then her interest has new
Ie been conveyed to any one, but if sa
y deed conveyed the interest of ga
n, Susan Jane Hall in said real esta
De to said Nancy Smelser, then it do
n not appear of record that said Nan
id Smelser ever conveyed said interei
y That the said Nancy Smelser di
e in the year 1894 and left as her on
ed heirs at law, her son Benjamin
lit Smelser, and her daughter Mary
nd Hickman and other persons who
CHI names are unknown to these plai
ng tiffs. That said Benjamin F. Smells
tie has conveyed all his interest in s,
IN Real estate to these plaintiffs, II
ar Mary E. Hickman died in the "
ny, 1916 leaving as her only heirs,
law, VIM. +. Hickman, John Hickm
he and Addie Hit her children, q
of Edna Ramey, Ruby Logsdon, Q
ru- William Browning, children of
rst deceased daughter, Susan Brown
to and defendant Robert E. L. Jacks
a Minor, and a child of Nell Brol
dg- ing jackson, deceased, who was
child Of Susan Browning deceas
I a all of whom have conveyed their
ing terest to plaintiffs except the {
Ger, Robert f. l.. Jackson, who is a
nty nor.
ess- Plaintiffs state that they and II
eek, under whom they claim have i
fit. in the open, notorious, exclusive,