Mexico weekly ledger., 1920-01-15
D OF PUBLICATION.
State of Missouri,

County of Audrain.
In the Circuit Court, to March
Term, 1920.
Edwin Wright Settle. $50. 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 E. 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
NJ. Gill and Ollie NJ. Gill, his wife,
which said deed of trust is recorded
in the deed Of trust records Of Audrain
County in Book z at page 618. That
6 after the delivery of said note and
5 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
! ne defendant herein, the New Eng
- land Mutual Life Insurance Company,
That on or about the eth, 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 ConkIin
=. Mortgage Trust Company, received
full payment of the principal and in
terest of said note, and that such pay
ment constituted full satisfaction o.
the deed of trust given to secure thu
e same.
: That the said defendant acknow
: lodged in writing the full payment Of
!. the debt secured by said deed of trust
o on or about the 9th, day of May, 1895
and undertook to execute a full deco
of release of said deed of trust by
executing a deed of release which is
6 recorded in the deed records of Aud.
S rain County, Missouri, in Book 49 al
t page 25; and that said defendant
again acknowledged the full payment
of said debt secured by said deed o.
trust on or about the oath day of June
t2Q5, by executing a deed of release IL
: which full payment of said debt is re
coipted, releasing said deed, Of trust
which said last mentioned deed Of re
lease is recorded in the deed record.
Of Audrain County in Box 10 at pag'
/. 81. But that it does not appear from
said records that the note secured b,
said deed Of trust was produced an,
cancelled in the presence of the re
II corder, or that any affidavit was file,
- with the recorder alleging the pay
re ment and loss or destruction of sal
II note.
ID Wherefore plaintiff prays a deere
IS that said note herein described ha
been fully paid and that said deed O
:" trust is fully satisfied; and removin
any cloud upon plaintiffs title to sal
premises by reason of said deed
trust land that, the defendant be fol
~ ever barred from asserting any clail
TO- or interest in said premises by rel
y son Of said deed of trust.
&c 1t is ordered by the Clerk in vac:
ton that said nonresident defendal
be and appear in this Court on Il
first day Of the March Term there
TO be holden at the Court House
Mexico, within said County of An
III rain, State of Missouri, on Monday t
IN fret DIV of March 1920. then a