The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1922-05-11


ais, Plaintiffs,
VS.
Abner COburn, Alvan Il. Aver
or Alvin b. Aver, Simon Merrill,
Sally II. Merrill, Theodore Mer-
riil, Nathaniel Merrill, John
Merrill, Jeremiah Merrill, Fred
erick Il. White, Peter SanbOrn,
Charles Kellogg, Daniel b.
Harrington, Harmon l.. Steph-
ems or Harmon l.. Stevens, Gust
avus A. Eldredge, Alex ID. BOman,
Lorenzo Allen, Ebenezer NJ.
Phelps, Edward Phelps, James
Chapman, Asahel ii. Thayer, De-
witt c. Walker, Larned Smith, FL
la L. Fish, George G. Fish, Ar
thur IL. Fish, and each and every
person claiming under them or
any Of them and their unknown
heirs, devisees, legatees and as
signs, and Frederick SanbOrn and
Jennie SanbOrn, Defendants.
At a session of said court held
at the court house in the City of
Port Huron, said county and
State, on the 3rd day of April,
A. d. 1922:
Present: The Hon. Eugene f.
Law, Circuit Judge.
On reading and filing the bill
OF complaint in this cause duly
verified, and the affidavit of Ches-
ter l.. Benedict, from which it
satisfactorily appears that the de-
PENDANTS hereto have some APP
parent or possible rights, title, in
terest or claims to the premises
described in the said bill of COM
plant, and hereafter described,
which rights, title, interest and
claims Of the said defendants, and
each of them, said plaintiffs aver
to be barred by the continuous,
open notorious, exclusive and adj
verse possession of said plaintiffs
and their grantors, for more than
fifteen years last past, and for
more than fifteen years since the
several rights to the possession
thereof accrued to said respec-
tive defendants, which possession
has been during all of said time
and still is adverse and hostile
to the rights, title, interest and
claims Of the respective defend
ants, and that the attorney for
plaintiffs and plaintiffs have been
unable after diligent search and
inquiry, to ascertain whether or
not the said Abner Coburn and
other defendants above named
are dead, with the exception of
Frederick Sanborn and Jennie
Sanborn, whom they know to be
living and residents Of the State
of California, or to learn their
whereabouts if living, or ascert-
ain the names of the persons who
If the said named defendants, ex-
cept Frederick Sanborn and Jen-
ME Sanborn, were dead, consti-
tute their heirs, devisees, legatees
and assigns, included as defend
ants herein without being named
or where they or any of them re-
side, if living, or whether the
rights, title, interest, claims, liens
or possible rights of any or all of
them have been assigned to any
person or persons, or if they OF
any of them are dead, or whether
they or any of them have person
al representatives or heirs living,
or where they or any Of them may
reside, whether such title, in
terest, claims. liens or possible
rights have been disposed of by
will:
On motion of Benedict & Bene-
dict, attorneys for plaintiffs, it is
ordered that Abner Coburn, AL
van B. Aver or Alvin B. Aver, ST.
mon Merrill, Sally r. Merrill,
Theodore Merrill, Nathaniel Mer-
rill, John Merrill, Jeremiah Mer-
rill, Frederick F. White, Peter
Sanborn, Charles Kellogg, Daniel
B. Harrington, Harmon l.. Steph-
ems or Harmon L. Stevens, Gus
tavus A. Eldredge, Alex d. b.
man, Lorenzo Allen, Ebenezer NJ.
Phelps, Edward Phelps, James
Chapman, Asahel H. Thayer, De-
witt C. Walker, Larned Smith,
Ella E. Fish, George G. Fish, Ar
thur H. Fish, and each and every
person claiming under them OF
any of them, and their and each
of their unknown heirs devisees,
legatees and assigns, and all I'M
known persons who are or may be
entitled to claims under them
or any of them and Freder-
lex Sanborn and Jennie San