The St. Joseph observer. [volume] (St. Joseph, Mo.) 1906-1932, 1921-09-10
aforesaid. on ths third day of October.

aforesaid. on ths third day Of October,
1921, when and where you may ap-
pear and answer. or otherwise defend
said action; otherwise plaintiffs pc
tition will be taken as confessed, and
judgment rendered accordingly.
And it further appearing from the
petition of plaintiffs filed in said
cause, which petition Is duly verified
by the oath of the agent and one of
the attorneys OF plaintiffs. as required
by law, that plaintiffs verify believe
that there are persons interested in
or who claim to be interested in the
subject matter of said petition, and
in the lands above described, whose
names plaintiffs can not insert in said
petition because they are unknown to
plaintiffs; that said unknown persons
are the unknown heirs of John Whal-
en-, deceased, and the unknown heirs
of Thomas J. Whalen. deceased, and
in which petition 1t is further alleged
that oliver E. Wilson, C. b. Roundy,
Miomi Roundy Elmer Roundy. Mary
Roundy and Hattie Roundy Tracy.
and the unknown heirs of John
Whalen, deceased. and the unknown
heirs of Thomas ]. Whalen, deceased,
are non-residents of the State of Mis-
souri,, and do not reside therein.
1t is therefore ordered by the Court
that said Oliver e. Wilson. c. B.
Roundy. Miomi Roundy, Elmer
Roundy. Mary Roundy and Hattie
Roundy Tracy, the unknown heirs of
John Whalen, deceased. and the un-
known heirs of Thomas ]. Whalen.
deceased. be notified by publication.
as required by law, that plaintiffs
have instituted their action against
said defendants in said Court, and
that the object and general nature of
said action is to ascertain, determine
and adjudge the respective rights.
titles and interests of the parties.
plaintiffs. and defendants, Of. in, and
to the real estate above described, and
to quiet the title thereto in the plain
tiff; that it Is alleged in said petition
that the interests and claims OF said
unknown defendants in and to said
real estate so far as known to plain
tiffs are as follows:
That the right. title claims or in
terests OF the unknown heirs (other
than those named in his VIM of John
Whalen, deceased, were derived as
such from said John Whalen, deceas-
ed; that said John Whalen. deceased.
to whom such title was last trans
ferred during his life time owned said
real estate or a part thereof under
and by virtue of a warranty deed
from William Dunning and Anna
Dunning, his wife. to said John
Whalen, deceased, which deed is dat
ed October 2S, 1854, and is recorded
in Book TX" at Page GIT, in the office
of the Recorder of Deeds, within and
for Buchanan County Missouri; that
such unknown heirs (other than those
named In his wild of said John
Whalen, deceased. derive or claim to
derive their title or claims as heiTs
at law of said John Whalen, deceased;
That the right. title. claims or in
terests of the unknown heirs of
Thomas ]. Whalen, deceased, were
derived as such from said Thomas ].
Whalen. deceased; that said Thomas
J. Whalen, deceased. was a son OF
John Whalen and died before the
death OF his father. John Whalen;
that by the terms of the last will and
testament OF said John Whalen, de-
ceased. the west half of the northwest
quarter OF Section twenty-five (25).
Township fifty-six (56), Range thirty
seven (37), Buchanan County. Mis-
souri,, was devised to the heirs of said
Thomas ]. Whalen; that the said last
will OF John Whalen, deceased. has
been duly admitted TO probate I'm the
Probate Court OF Buchanan County,
Missouri, and appears OF record in the
office OF the recorder OF deeds. within
and for Buchanan County. Missouri.
in Book 20 at Page 21S in the records
heirs (other than Miomi Kansas
Whalen afterwards Roundy, and Mary
j. Whalen afterwards Singleton) of
Thomas j. Whalen, deceased, derive
or claim TO derive their title or claims
as heirs at law of said Thomas j.
Whalen, deceased.
IL is further ordered that unless
the said nonresident and unknown
defendants above named shall be and
appear at the next term OF this Court