Mexico weekly ledger., 1920-01-22
d OF PUBLICATION.

onDCh UT ODLAShA AONs
State of Missouri,
IS.
County of Audrain.
In the Circuit Court, to March
Term, 1920.
Edwin Wright Settle. ..... Plaintiff
vs..
The New England Mutual Life Insur-
ance Company, a corporation, De-
PENDANT.
The State Of Missouri to the ABOVE
named defendant Greetings:
Now on this January 18th, 1920,
comes the plaintiff in the above en-
titled cause and files with the Clerk
Of the Audrain County Circuit Court,
in vacation, his petition duly verified
by affidavit herein, among other
things plaintiff alleges that the de-
PENDANT in this cause is a nonresident
Of the State Of Missouri and cannot
be served with the ordinary process
of law in this State.
Plaintiff states that he is the owner
Of and in the lawful and peaceful pos
session of the following described real
estate, to-wit:-
All of the North East Quarter Of
Section Thirty Five, Township Fifty
three, North Range Eight, West, in
Audrain County, Missouri.
That on the first day of January,
1887 one George NJ. Gill, who was then
the owner of said premises above des-
cribed, executed and delivered to one
Edwin E. Wilson, as trustee, a deed
of trust conveying said land above
described to said Edwin f. Wilson as
trustee for the Jarvis Conklin Mort
gage Trust Company to Sc
cure the payment of a GER
tain promissory note for the
principal sum of Two Thousand Dol
lars, due in five years from date, dated
January first, 1887, bearing six per
cent interest from date payable semi
annually, payable to the order of said
Jarvis Conklin Mortgage Trust Com
pany, and signed by the said George
M. Gill and Ollie M, Gill, his wife,
which said deed of trust is recorded
in the deed of trust records of Audrain
County in Book 2 at page 618. That
after the delivery of said note and
before the maturity thereof the said
Jarvis Conklin Mortgage Trust Com
pany for a valuable consideration as
signed, sold and delivered said note
so secured by said deed of trust to
he defendant herein, the New Eng
land Mutual Life Insurance Company.
That on or about the 9th, day Of
May, 1895, the said defendant, being
then the owner and holder of said
note so secured by said deed of trust,
as assignee of the said Jarvis Conilin
Mortgage Trust Company, received
full payment of the principal and in
terest of said note, and that such pay
ment constituted full satisfaction Of
the deed of trust given to secure the
same.
That the said defendant acknow-
lodged in writing the full payment Of
the debt secured by said deed of trust
on or about the 9th, day of May, 1895.
and undertook to execute a full deed
of. release of said deed of trust by
executing a deed of release which is
recorded in the deed records Of Aud
rain County, Missouri, in Book 40 at
page 25; and that said defendant
again acknowledged the full raymeA:
of said debt secured by said deed Of
trust on or about the Gath day of June
1895, by executing a deed of release in
which full payment of said debt is re.
ceipted, releasing said deed Of trust
which said last mentioned deed of re-
lease is recorded in the deed records
Of Audrain County in Book 40 at page
81. But that it does not appear from
said records that the note secured bS
said deed Of trust was produced and
cancelled in the presence Of the re-
corder, or that any affidavit was filed
. with the recorder alleging the pay.
|, ment and loss or destruction Of sale
note.
Wherefore plaintiff prays a decree
that said note herein described has
been fully paid and that said deed Of
trust is fully satisfied; and removing
any cloud upon plaintiffs title to sale
premises by reason OF said deed Of
trust ;and that the defendant be for.
ever barred from asserting any claim
or interest in said premises by rea'
son of said deed of trust.
1t is ordered by the Clerk in vaea,
ton that said nonresident defendant
be and appear in this Court on the
first day of the March Term thereof
to be holden at the Court House ir