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OREGON, MISSOURI. Issued Every Friday. TERMS: 51.50 PER YEAR IN ADVANCE 0OBYN3 & CURRY, Publishers IVulav. Di eeiiilu r 4. 18.M. The Forest City Levee, ltjliw u-ill'lie found tho decision in full of this important case, und theoivn ers of the land henefit-d will If urn why their lux jii:o iunt mil b materially in creased this year: Tt.eStateuf Mii-touri ex rel. ISenj- mm 11. Frnzer vs. The County Court of Ilo.t County, Missouri. Opinion of the court decision hy Robinson, J. This is a proceeding by mandamus, instituted in the circuit court of Holt county, to compel the county court lo levy a tax upon the lands scheduled and reported to have been benefited by the construction of a ditch ot improvement known as Craig Ditch, No. 2. briefly etated, the facts as 6hon by the pleadings are that at the regular May term, 1875, of the county court a petition, signed by Corber, Goldberry and others, who were owners of cjntigu ou3 bodies of swamp or overflowed lauds in said county, was presented, asking for the construction of a certain ditch in township 02, range 39 in said county un der the provisions ot an act of 1801) (ses sion acts 1800, page 03). On May 7, 1875, the evidence was heard and the work was found to be practicable, and that a majority in interest of the owners of the contiguous bodies ot land to be affected thereby had signed the petition and signified their willingness to puy their part ot the expense and Cost of the work. It was also found, as a fact, that due notice of the presentation of the petition had been given. The county court ap pointed three commissioners to superin tend the construction ot the work, and these commissioners, under an order of the court, viewed the lands and made an estimate of the probable cost of the work, nod did all other things required by the act aforesaid They then invited bide by sealed proposals, in writing, and one Sheridan, being found to be the low est bidder, they entered into a contract with him and the work was by him com pleted during that year in accordance with the contract acd reperted to the court by the commissioner, and their re port was accepted and approved by an order entered of record, and a proper bond was given for the faithful perfor mance ot the work as required by law. That the commissioners made n descrip tion list of sections and part ot sections that would be wholly or in part bene fited by the work, slating the owners names and the prospective vnlue of the lands after the completion of the work, and also estimated the benefits which they believe would accrue to the county at large by reason of the improvement on account of the increase in valuation of the taxable property in the county caused thereby; that after the work had been completed and upon the certificate ot the commissioner, the cletk of the county court issued to Sheridan his or der or warrant No. 20 on the treasurer ot Holt county for the sum of $519.58 as part payment for the construction of said work under the direction and sanc tion of the county court, dated Decem ber 10, 1877, and the warrant was on that date presented by Sheridan to said treasurer for payment and endorsement, and stamped by him "not paid for want ot funds." In 1878, for value received, Sheridan sold this warrant to relator, andoE May 14, 1831, the treasurer paid relator $100.23 thereon, and same was credited in writing on the warrant, and again on March 17, 1885, S24.37 was paid by the treasurer on said warrant and credited in the same manner upon the back ol said warrant. The petition fur ther states that ther had been no money since in the hands of the treasurer for the payment of said warrant in whole or in part, and that the same had been presented from time ti time for payment and refused on account of lack of funds; that on March l.'t, 18S2, a written ap plication was made and filed in the county court for the levy of a special assessment for the payment of this war rant, with others then due, which was by the court refused, and the court then refused to do anything or to make any record in the matter whatever. Again, on February .1, 1892, tbe relator presen ted a written application or petition lo the county court asking for the levy of u tax for the payment of this improve ment and the outstanding warrants therefor, and the court, by an order of record, refused to make such levy or ir. any way provide for the payment there' of, and then this mandamus proceeding was begun in the circuit court asking that the county court be required to make an additional levy for the purpose of paying this warraut, as relator was entirely without other legal remedy in the premises. An alternative writ was issued and a return was tiled thereto which, after an unsuccessful motion tiled by relator to have tho greater por tion of name stricken out, he filed his re ply nud the case proceeded totriil und resulted in a judgment against him and a peremptory writ denied, from which judgment and order this appeal is pros ecuted. It will be unnecessary to stt out the return filed hy the defendant, but its main features will be gained from the after comments of tho court in this opinion. At the trial the warrant was intro- duced in evidence; also the petition of Goldberry and others; also a copy ot the record of the county court reciting the fact that due notice had been given fr two weeks prior to tbe time of the pre sentment of the petition; that a major it of the land owners, etc. , had declared their willingness to pay this proportion of the improvement, and the appoint ment of the commissioner to examine the lands decided upon, the location, character and dimensions of the ditch, and make an estimate ns accurately at practicable of the cost thereof; further, that the commissioners were directed to invite bids and to award the contract to the lowest bidder on giving bond to se cure the faithful performance of the work. The commissioners were authori zed to condemn for public use in behalf Why Do people buy Hood's Sarsaparilla la preference to any other, in mm aimon to the exclusion ot all others? Because They know from actual use that Hood's is the best. 1. e., it cures when others fail. Hood's 8arsaparilla is still made under tbe personal supervision of tbe educated pharmacists who originated it. Tbe question of best is just as positively decided in favor of Hood's as the question Of comparative sales. Another thing: Every advertisement Ot Hood's Sarsaparilla is true, is honest. Hood's Sarsaparilla Is the One True Blood Purifier. AH druggists. $1. Prepared only by C I. Zlwl & Co.. Lowell. Mass. u mit are the onty pills to talc rlOOU S Kills with Hood's sarsapanui. of the county any publicor private prop erty necessary for the construction of the improvement, to make a descriptive list of the land to be benefited wholly or in part, stating as accurately ns prac ticable the owner's namen, the proposed value of the land after the completion of the work, and also the etimate'. benefit which would accrue to the county at large by reason of the improvement on account of the increase of taxable val ues; to report the came to the court, to gether with a list of the property con demned for public use, damages assess ed, list of lands benefited and a state ment of the entire cost of the work and improvements, completed within one year from the date of the appointment of the commissioners, with the costs of the prelim-nary survey approved by them, etc. Next was introduced a copy of the contract entered into by the com missioners; also a copy of the contract or's bond; also a copy of the order of the court approving the bond; also a copy of the commissioners' report. The report sets forth the facts that the commission ers made a survey ami estimate hih! in vited bids and found that Sheridan was the hr.vest bidder; that he gave bond for the faithful performance of the woi k and to have same completed by May 1, 1870; that the commissioners made an estimate ot the entire cost of tbe work. also a descriptive list of all the lands benefited by the improvement, with the present and prospective valuation before and after the completion of the work, and an estimate of the benefit to the county at large by reason of the increase in taxable valuations. The report also sets out a description of lauds condemn ed in making tbe improvements, and, after giving all costs in connection with the work, stated that one half of the amount had been paid out of the road and bridge fund, leaving a balance of $303. This report was duly signed and sworn to, filed in court and approved Next was ottered in evidence the amend ed report of tho commissioners, which set out the fact that in compliance with aa order of the board of appeals for this improvement, the commissioners had made an additional list of lands bene fited thereby, assessed the benefit of said land at 5,235, making the total benefits assessed amount to $15,913; that they have also assessed the additional benefits to the county at large, malting the total benefits to the county amount to 85(33; and they recommended that an assessment for the collection of taxes be placed on the assessor's books in two in stallments, one-half to be collected on Jasuary 1, 1S78, and the other half on January 1, 1879. Tins amended report was also duly signed and sworn to by all tbe commissioners and was tiled and up proved by the court. Next was intro duced an order made by the county court reciting that it would sit as a board of appeals on January 10, 1877, to hear objections, if any, to the assessment or estimate made in the amended report, and ordering that three weeks' public notice be given thereof. Tho relator then introduced the record of thecounly court, sitting as a board of appeals, in which it is recited that no one appeared to object to the amended report of the commissioners, it is ordered approved The relator next introduced in evidence a copy of his petition tiled in the county court March 15, 1882, asking for an ad ditiooul levy of taxes, setting forth that he was the ownerof the warrant in ques tion, and that them was about S1.C00 of the taxe3 for the improvement yet un collected, and he prnyed the court to make an additional levy upon thesched uleof lands and persons affected by the improvement to pay the remaining amount due on his warrant, and for similar warrants held to other parties issued for tho same improvements. Oral evidence was also introduced tn show- frequent efforts to collect this uarrant, by requests nnd petitions to tho cnunty C3Url for additional levies, aud that the county court continually refuses to act. claiming that they had the right to make only the one levy, as was made, and that as the work was not done with in one year, as provided hy the contract with the contractors, they had.no right to pay for same, or to assess any addi tional taxes therefor. Next was iutro duced copy of an order of the county court, dated February 3, 1S92, when the court overruled the petition tiled by re lator praying fur a levy to pay this war rant. The defendant offered in evidence the original petition as already offered by relator, and also tax books for the years 1S77 aud 187S. which showed by marginal notes opposite some of the names of the land owners that these lands had paid their taxes in full for these years; others had not paid tbe taxes for this improvement, aud that other lands charged with the tax had The length of life may be increased by lessening its dangers. The majority of people die from lung troubles. These amy be averted by promptly using One Minute Cough Cure. Sold by T. S Hinde. liuckleu's Arnien Salve. The Hest Salve in the world foi juts Itruises, Sores, Ulcers. Salt Kheum Fever Sores. Tetter, Chapped Hands Chilblains, Corns, and all Skin Erupt tions, and positively cures Piles, or no pay required, It is guaranteed to give perfect satisfaction or monej refunded. Price 25 cents per. box. For eale by. Clark O. Proud. been sold under judgment against them for said lax and at such sale did not sell for sufficient to pay the tuxes. These tax books were introduced over the the objection of the relator and relator ex cepted. This is iu substance all the evi dence introduced at the trial; and upon it the trial court found the issues for the defendant and rendered judgment refusing the peremptory writ and fur costs, to reverse which relator prose cutes this his appeal. 1. Tlie defendant's first contention is that as the ong'iial petition filed in the county county court for the proposed improvement was not signed by a ma jority in lnlere-,1 of the land owners affected was insufficient, and that all subsequent proceedings held under it were void, and that as the taxes to Le levied to pay the wnrrnnt issued in part for said improvements can be defeated by the land owner, fir that leason man damus against the cuunty court for the levy would b- a vain and tiseluss thing and should not go in this case. The county court foucd, as a fact, ac cording to the dicclot-ure of the record evidence offered in this case that a ma jority of the laud owners affected wholly or iu part by the proposed improvement bad signed the petition therefor; it also found that due notice of the proceedings bad been give'--. Tbe evidence shows also that the county court organized as a court of appeals and gave due notice that it would hear appeals from the us eessmente made by the commissioners, and that none of the properly owners appeared; that this warrant, held by the relator, was issued after the com pletion of the work and upon the rec ommendation of the commissioners. The records offered in this case bhow a substantial compliance with the statu tory requirements in such case provid ed, and shows that the relator is en titled to the payment of this warrant, which is a judicial ascertainment and writteu acknowledgment ot indebted cess by the county, and in fact its prom issory note. What discrepancy might appear be tween the number of petitioning land owners at the time of the tiling of the original petition which the county court and the number appearing on the schedule of land owners tiled by the commissioners six months thereafter under'the order of tho court cannot be considered to affect or impair the find ing made by the court thai a majority in interest of tbe land owners did sign the petition, as same was presented to it in the first instance. The county court was the proper and only tribunal to ascertain and pass upon the suflicien cy and legality of the various steps, and the facts existing to authorize the mak ing of such improvements and to pro vide the means for the payment of the same. While jurisdiction ot the sub ject matter on paitof the county court was made to depend on the petition be ing signed by a majority of the owners to be affected by the improvements, still that body alone must determine whether the requisite majority have signed lo authorize its assertion of juris diction, and when it has so determined its judgment is conclusive (unless ap pealed from) and cannot be collaterally assailed, either by an examination aud comparison of it with other papers af terward filed with the court under its order in furtherance of the improve ment scheme, or by evidence nhunde the record. The contract for the improvement petitioned for had been mode, the w.ork done under it had been ratified, aud the warrant issued to the contractor in part payment for same by the body having charge of all the facts necessary to justify its action in that behalf, it is too late now to show that one or more facts recited in its record were not as recited' and particularly should that be so, when as in this case, the relator ,is the holder for value of tho warrant by assignment, fair upon its face, with no want of juris dictional fact appearing in the record made by the court to create the least suspicion that it had nut been issued pursuant to legal authority. 2. Defendants' next contention is that as it was showu by the evidence that many of the owners of lands reported benefited bv the construction of the drain ditch petitioned for h ive paid all the tax due from them, aud other have failed and refused lo pay said tix. u -nle still other's lands have beeu sold under execution upon lax judgment)) for said tax and the taxes realized from such sales, that all the lands cannot now be retaxetl under such conditions, and that the court has no power to make uu further levy. This, we think, ii with out merit under the facts ot this case While the courts may refuse the reliif asked by mandamus in its discretion, in may instauces where an undoubted legal right exile, and might ext rcise that discretion against a petition asking an order for the levy of an additunul tax when a previous lax had been made sufficiently large to cover the debt sought to be enforced but nol yet col lected, or the remedies afforded by law against the delinquent tax paer6 and their property had nut been exhausted to avoid an unnecessary nnd unfair bur den upon the prompt lux payer, it could not properly be refused here, as all the remedies ugair.st tho nun tax-payer have been abandoned by the county authorities, nud all right of action on How's Tins! We offer One Hundred Dollars Re ard for any case of Catarrh that can not be cured by Hall's Catarrh Cure. F. J. Cheney & Co., Props., Toledo, G We the undersigned, have kuuwn F. 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CJn TIE tn tins section supporting tne peo daily from September I, 1896, until $1.00 the most popular semi-weekly in The I-ati-M! Tbe Cbrapest! I Encyclopedia IJrlfaniuca. the old taxes have been barred even if theofficial having the matter of their en forcement and collection in charge were ready and willing to perform their duly. Tne case here stands as it it had bocn shown that the previous levies had betn wholly exhausted, nnd us .ad were inadequate to meet and puy lh- mdeb tedness fur which they were levied in tbe first instance. As a proposition of law, the rmeoas given br the county court fr reluming to make an additional levy to puy this warrant that they had unly the right to make one levy and that, ns the improve ment was nol completed within one year after the appointment or comuiis sioners, tbey hsive uo nt;hl t puy same it assess any additional tuxes fur thai purpose, wnicli seems to nave been adopted by the counsel fur defendant and urged upon this court fur its ap proval cannot be susta'ned for a Mo ment. Neither the relator or his assignor hud i.nything to do with the matter of the estimate, the assessment, the levy or collection o! the tax, and to hold that be is without a remedy and mutt go un paid because cf a miscalculation urmis take of the county court, or the derelic tion aLd indifferei ca of the collector, or the dodging of the tax payer, u a prop ositioa thiu OJghl locontun its ref utation in its mere utterance. All the lands benefited can be relaxed whenever it appeals that previous as sessments are insufficient. Even if the assessment in tbe first mBlaace was sufficient, if collected, to pay the cash in full for said improvements, yet if, af ter allowance of a reasonable time for the collection from delinquents, a de liciency exists, and the legal remedies have beeu exhausted for the collection ot taxes, or if the assessments made have beea abandoned r remained un collected by the authorities having the muttar tf the collection in charges, tbe writ should be grantedordering an ad ditional assessment. Black, J., in the case of Sheridan vf. Flamming t al., 'M Mo., :t21, whvu ex actly the Eame position was taken by the then judges of Holt county as ia taken uuw by the preseut judges to re sist the application of relators' assignor to have an additional tax levied to pay a ataiihir warraut issued fur a similar pur pose as the oie held by this relatu here, uses this language 111 disposing ot defendant's contention there: 'If the impioveuients are not com pleted within one year alter the appor tionment of the coiuuiebiokert", addi ticnal assesMiieuts may be luado at large and upun7the owners uf I. mild reclaiinttd and'benetited. "There is nothing in the act (fur the reclaioiing-Iwamp and overflowed lands, etc.) which limits the amount tc the estimate first made by the commission ere. The law does nut contemplate that they must in the tirt.1 icbtance report tbe exact ainouat of the work. It would be impossible fur them to do this, for thuy must pay fur the surveys, con demnation ot property and the like, all ot which expenses must be paid out of tho fund. Neither tbuee exponses nor tho cost of the work can be ascertained with accuracy in advance, Hesides, the contractor has nothing to do with the estimate; aud to say he must gu unpaid because of 11 u.istake of the com mis sioners in a matter over which he has no control is manifestly unjust, the law contemplates no such results." Defendants1 next contention is that the payment indorsed on the warrant held by relator March 10, 1895, was without authority, and that as the last authorized payment uo same was made on May 14, 1881, that relator's right of action on tho warrant is barred by the provision uf section 0774. Uevieed Stat utes, 1889, which directs that all actions upon any writing for the payment ot money shall be commenced within ten years after the cause of action thereoa has uccrued, und that as 'relator's right of action on the warrant was barred at tbe institution of Ihete proceedings mandamus will not lie to compel tbe levy of a tax to provide funds for its payment. Tbe relator,, on the other hand, con tends that the payment made March 1!, 1885, by tho county treasurer and in dorsed on tfie warant on that date, was paid out of funds that had been turned oyer to the treasurer fur the purpose of paying this or similar warrants, aad could not hdxi been.used or applied else where, and that the payment as then made on the warrant was fully authoriz ed and bad the effect lo keep tho war rant alive, as a legal claim against the county, until the institution of the suit The provision ot section 0774, kcown as tbe ten-year statute of limitations, ac cording to recent holding of this court in the case of Wilson vs. Knox county, reported in 132 Mo. Rep., 347, does not apply to warrants of tbe character held by relator, but the limitation guyerniag such paper is to be found in section 3190 of tbe statutes, which provide, amcng other thing, that whenever uny county warrant, drawn on the county treasurer "shall not bo presented to the county treasurer for payment within five years after the date thereof, ur being present ed within thai lime and protested for want of funds to pay it, nIiuII not be again presented fur payment within five years after funds shall have, beeu set apart therefor, such warrant 6hall be barred and shall not be paid," etc.; so that we are relieved from a discussion of the question raised as to the authority of the payment on the warrant of March 19, 1385, and its effect iu keeping the warrant from being barred by tbe ten- year statute of limitation. Co need ing for the sake ot defendants' contention, hat the payment ot March 19, 1885, made on the warrant was without authority, and that the last payment upon or recognition of the warraat was The Grip. Anexperienc with this disease during all its past epidemics, warrants the bold claim that Dr. King's New Discovery will positively cure each and every case it takes. in time, and patient takes the ordinary care to avoid exposure. Another thing has been proven, that those who have used Dr. King's New Discovery, escape the many troublesome after re sults of this disease. Ity all meant get a bottle and try it. It is guaranteed, and money will be refunded if no good results follow its use. Sold by Clark O. Proud. Do not allow your system to get weak and debilitated. It is easy to keep well and strong by taking Hood's Sarsapar ilia. Tutfs Pills Cure All Liver Ills. 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D Hotiittetiiiatliist and Surgeon. nrOFFICE OVER MOORE & SEEMAN Special attention given to 0RIF1CIAL SURGERY aud ITS RELATION TO CIIKOXIC IM.NKASKS OREGON. - MISSOURI F. M. GREEN, Physician & Surgeon. OREGON. MISSOURI Oflice over C. O. Proud a drug stone. Residence, two blocks west of Kreek Itro's store, formerly occupied by Dr. uutler. S. W. AIKEN, 31. I., Physician & Surgeon, OREGON, MISSOURI. Special attention given to Diseases of Women and Children. Ouice in nn- Iiuskirk building. J. R. KEARNEY, PHYSICIAN i SmEllf, Oregon, Mo. Ornc:B North looms over C. O. Pro ud's drug store. Residence tlrst door oast of Schulte Uros. WM. KAUCHER, J. P. Pension Business a Specialty, O flics over Zachman's Grocery Store. . . . OREGON, MO. Dr. W. H.C. Sterrett, CORNING, MO. All calls answered promptly day or thing. Office over P. V. Walter's store IVAN BLAIIt, Lawyer and Notary Public, MAITLAND, MO. Office in Broad Gauge. Tremonf flofel ....AND.... SAMPLE ROOM, Northeast Cor. Main and Francis Sts ST. JOSEPH. MO. as. Ebersold, Prop. Good rooms and Beds. One Dollar Per Dny. Best Refreshments Served. All rooms newly rurnistieu. mm ml mm in May, 1831, of whit avail will that be to them under their admission and Me ntion that since 1S31 there has been no funds in the bande- i f the Mrbeuttr with whicti the ivurrjut could be law fully paid in part or 111 whole. Siuce. by section .1103, time is n t to le com puted again.-t the Iml.ier or warrant uf this ehiiract.T until ;i'ter fiiu.W huve bjen provided and 111 the hund ot tne treasurer u 1 tn .i In, -:i 1 1 pay s;im. the statute t.l limitation has not c-l U n'in to operate up.Mi tin 4 .v itr.ml. an- Via time of the last piiymfiit tua.le no eiime is a matter of no coiiMderatiuu in this controvrri.y. Neither the return tiled uy defend, ml r the fucts developeit at the trial show any good reasou w hy tht.-f warrant has not beeu paid or that it was improperly issued or that the Hinniint claimed thereon is uot now due. .nor was any valid reasou shown why 1111 order should not go to the judges uf the county court directing tl.em to provide for tlie pay- ment of same. The judgment of the circuit Courtis therefore reeredatid the cause U re manded nnd direcii'jna to it to issue lie writ of mandamus to the county court or Holt county, as prajed by relator. Brace, C. J.. Barclay anil Macfarlaue, J. J. concur. After hearirg some friends continu ally praising Chamberlain'-) Colic, Cholera nnd Dianhoea Remedy, Curtia Fleck, of Anaheim, Crtlirornia.purchaml a bottle of it tor his own use and ia now as enthusiastic oter its wonderful work as an one can be. The 25 11 ml 50 cent sizes for sale by Cla'k O. Proud. Filial Settlement. Xollee K lu-rrtiy Riven lo all rrr.Iiluri anil otbrrs iiitrrrMt it In tbe eMate of William Now Iaml. u.veav-11. tbal Hie iiinleriKnril atiii-itiv tialwr In rliaisr 'f .iiit e-.t.ite. iiitriiiiH to make a Hiiiil M-tttrim-nt llirrr.it at Hie next term of tin.- I'rutKtte Court of Unit Coimlj, State oj Mi M'lirl. to Ik- lirRtm ami lioMrii t Orrcon on the Mil da of Krl.i-iarv. 1T. SAMUKI..()VI.AM..1iiiiiiistr.iKr. Final Settlement. Noti.v is I rrl.y ;.neii t all crnlitor unit others iiitt-rrtMl III the estate of iSjinuel A . It.i)hi!!.ili'-.iet.tl at ihr i:nl. rij;i . il atlmiii Mrator in rli.llr ol vihlxlaleaitia-ndsioiuaLe allnal s. til, inriil ll.rii i.l at Ilir nrt ti iui of Hie l'ilate Yml ot II. .:t fi.niil. Slate of Ml soiiil.lo In-Ih rii.i aiol Ii.. I.l. i. at'llirRMi Mi the "tli il:i ol K, l.ii.at.. Iki'. I.AUKA J. ICA Yllll.l.. Administrator. Final Sfttlcim-nt. Not Ire Is hrrrb cheii In alt cmlitorsai.it ollirts inlrr.-sti .l in llu- esiate ot l.jilia Alr C:or) . il, v.: snl. that the mi,. rsi-iinl a,lm:iils tralor ill ri-arse ol ai. relate, iiiiemls In make a final M-ltliioM.i thriroi at the next trim of llie I'roli.ne t'ourt ol Holt Coiintx, Mate ot .Mis .oiiri. Ii.lv ln-ioui ami lioMrii alUri;oii on the Mil ilav of frl.i u.in . 1)T. n: .KMN LMtrltoUr, Ailministrator l'llblic Adliiiiiisti-ator's Sule ol Heal Instate. Notire is htrrtiy aivrn that 'y utile ol an onlcr of the I'roKile Court ol Hull Ouititv aiul State of Missouri. ma,le at llie Nov. nr.., r trim. ItW. I. lilies A. l-imlilin, i'uhlic .ilmiiilstraioi uilhiii and lor Holt roomy, ami in charge of the t-stule ol ttllli.ilu ltills..lrre.sril. nil! oil MUMMY. JANUAUY 11. 187. artnvrn the hours ol IU o'riork in llie foren. oii ami five o'clock In the afivmooii of sahl tiay, ami durum tholtllim of the l'robale Court, at the ii.irlli from iloor of the Court Home, iu the City of Uncoil. Cuiiij ol Ilo.t, srll at public auction to Ihe highest biimVr for cash in hauil, for the urMise ol pa) hm the debts of theeslate ol the said Wllli.iin Kails, deceased, all Hie Huh!, title, ami int. rest at the alit William Kails, lirceasrd. In .mil to the lolliiwlm: de senbed real estate, sliii.itr.hiiu; and belni: in the County ot Holt and State of Missouri, to it: 'llie northeast foitrlh of the iiorthurst ijuar ter of srctioii ill tow i:hip 6U. ol ranite 3s. ex cept a strip ii) Iret utile. iM-giimiii): at the southwest corner and riiimin north 40 roos. Also sixteen acres of land in a par.illrl strip ftl of the imrlh side of the southeast iourtli ol the li, -rill wot ipiaiti-rof Ht-clinn 30. in lonudllpiV. or range . excrptluir a. si rip of laud, oil the nest en I. i tert Hide, reserved Cora private road. All Ijing ami lig in said County of Molt ami State of Missouri. CII.KS A. LAUCHMN. Public Admiiiistiatcr. Trustee's Snip. Whereas. I). I) IVhilellH-k. Albert S. SmllU and VhiU Smith, his wit-. Albert !.. Kriiiu- hauuli and Aurel llniliili.iii -li. his nil., hv their deed of trust. dated the Sltli ol Jul,'. I9c..ami recoritid In Ihr reeorurr's oftice of aolt roiiutv. .Missouri, in book Tft. nipu H, ceim )ed In II. K. S. Kotiitisoii, as Irus!. e. II e lollonii.gile-rriord real estate, situate. Iu.c ami bennr in Hie Countv of i:li and State of Missouri, tn-wit : Uits six (l ami seten (T). iu block three (3), in theoriciiiaMouiioi Mouii.iri'v.lopethrr with all l'u:idli:i:sam improvrmrlits situate I hereon. Whirh said rouve.taiice was ma-le hi trust to secure the pawiirnt olacrilamipromissor) note' in said dred of tits deserihcd : ami whereas lrt.mll has lieeii made in the pa) ment of said note ami Ihe interest thrreonriiov therefore. I. the under .fgnrd triist.-e. in imrsu jure of sa:,l provisions of saiil dred In trust. an I at the re. tuestol the legal holder ol said note aforesaid. win on TUESDAY, PECKMIlKi: -i;.lsas brtwren the hours of leu o'clock in Hie fore noon and five o'clock In the afternoon ef said lav, at Hie north door of the court housejii the rity xlOreg'in. In Holt county, Missouri, pro reed lit sell a'l, or so much of said real estate, as may be sunii-iriit l p.i) said note. Interest and costs of this proceediug-the sale tn lie at uoiic.-tuciioii mine nigiiest bhiiier liircasli in and. II. K. S. KOtilNSUN. Trustee. TrutceH Sale. Whereas. Iletirv I. Korsti'i bv ilre.l or trust. laleit..liiiiellth, !stl.uiid recorded in theonice f Hie recorder ol deeds of Hi.:t county. Mis souri, ill lM.k 75 at page 3rd ami following pages. conveed to the iimlerii!iiril in imsl in seesre Hie payment tif Hie nntrs in said deed of nisi particularly ilesciilieiinie real estate in Holt county. Missouri, llisrtlle,! as fr.Ihiws to-wit : The northeast MKarler of the viniliirisl im:ir- terof seclioii lweiit-iiine f-ll iuid the noilli- t-ast quarter of the li.ltlirs quarter and the wr-i Hal- ni me iioriueasi ipuiner ami tne easi half of the northwest uuarler of section tiilrtv- nne 31. nil In township sixty-one Gt of range iiiiriv-rixiii .. Ami. wnereas. llie note wkicli nrranieilue tune Ilth. Ihfjt;. diserilieil In and seriiml l.r sahl deed til trust, lias iiutb.rii nald ami the said note was givrn for part ol the purrhase pnrpof above desrrileil h-ml. And. wherras. I In- on iter of sa Id note lias rrotiuslrd me l exe cute l!ie power Tested In me by ald deed of irusi in sell saiii real estate, and out ol the pro reeds of said sale, pay Ihi- liidrbtrdiiess srriin d thru bv. Therefore, in roriiollanre v itlt said reom-st. ir.il Iu ntir.uaiiceof tl.e imwer tested In me bv said deed of trust. I will sell said rrnl estate st Pillilii: vt mine l the burliest bidder tor cash. mi Hie -1ST lAYUI"HKCKMnKI! U'JG.al the front door ottheioiirl house. Iu llflt roiilitv. Missouri. AI.KE KT I- HAIITI.KIT. Tmsti e. Order of Publication. STATEOF MISSUUKf. i County ot lion I Iu the Cirruit four! of Holt ciiimtv. ill said Stat", In Hie January Term. IMC The Stale ol Misonii,al the fetation and tn lh' use oi .Mill, u c. llmmluiiKli. roll, rl, it of rrveinir nllhlu and fur the County of Holt ami state id MlssMui, I'laliitiH. s. KolK-rt I. Zook. Mis. Thomas Van Nulla. Sirs. Maltie A. Kohrvr. John I. Zdt and Mrs. Klli.ihrth Zook, Drlfiidatits Tax suit. At this 23rd day of Srl.trmlirr.ivi6. comes the plaiiitlflherriii.il) llrury T. Alklre. his attor ney, before Hie undersigned clrrk tf said mint III vacation ami Dies Ins prlltiii and affidavit, stating, among other things, that the above named defendants, John I. Zook mid Mrs. Mat tie A. ICohrer. are not rrsidrnts ol Hie State of Missouri and raiinol I e Miniiu.'D.d in tSiis ac tion. Whrreunoii. It 't. otib.i i..- i,e said under signed clerk, that said drfrudatits be notified by publication that plaintiff has commenced a suit against them in this court, the object ami general nature o! nhii-li is that plaintiff seeks lit enforce the lint of the Sl.de of Missouri against Hie follow ing ilscril-rd real estate, situate, lylfg and lH-Ing in Holt coiiniy. Mis souri, ami brloutng to the dtlemiants tn this suit. for rrrtain delimiirut and bark l.n.s.tue thereon, and unpaid for the years IKUamt 1MH. with Interest thereon and cost., levied ii o said leal estate.as tn the petition and tax bill herein set forlli. tnwft: lt twelve (12) in Mock t, ny U Mt; in the city of Forest t'ltv. and that unless the said John I. Zook and Mrs. Mattie A. Kolirrr be and ippear at this court at tne next term Iherrof, in be heiruiiaud hidden at the court house. In the city of Oregon, In Maid county, on the 4th day of ,l;tim.iry next, iw.ann on oruetore me sixin day ot said term. II the term shall long con Hiitie ami II not, Hirti on or brfore the last dav of said term answer i.'rad to lie ueli- tiou iu said cause, the same nil,, as tit them be taken as coiifrssrd and Judgment wll.be ren dered accordingly. And it Is further ordered, that a copy hereof be published arcnrdliig tn law in TilK lloi.T Cocstv SKNTINF.l. forfonr weeks successively. thv last lliser'lon tn le at leasi lour uerKs be fore llie s.,1,1 foarth 'av of .l.ltni.m . 137. THE STATE OF MISSUL'lil. i , ' CimutyolIli.it. I f. ;,miv Moms, Clrrk of the Circuit Court of Hull conntv, aforesaid, hereby certify that the above Is a true copy of the ortgina I order c f publication, in the cause thereiu named, as llie same appears In mv oflirv. Witness my luml as clerk, and the seal of f.'ild Iseai. court. Itaine atofllcelii Oregon, this iMtli day of September. INC. ROUV MOItHIS. Clerk. By BONNIE RKODKECK Deputy.