Audubon County journal. (Exira, Iowa) 1884-1993, 1897-03-25
ORIGINAL NOTICE.
In the District Court of the State
of Iowa, Nay Term, in and for
audubon County.

JOHN G.. HARDMAN, Plaintiff,
VERSUS
Jane A; Kincsde, Geo. J; Kincade, Henry K
cade, Martha j. kincade. Latham E. Kincade
Eugene, E. kincade, heirs.at-law of James Kin
cade, deceased; Carrie a; Brown Audubon
Gee; J. Kincade; Mrs: Henry X. Kincade wife
of Henry X. Kincade; Mrs. Latham E. Kincade
wife Of Latham F. Kinsade; Mrs. Epgene, E
kincade and Mrs. Alexander Kincade, his wife
his wife; VIM; W. Wiilineham and Medic VII
L%efingwel, her husband; William Leffingwell
Sarah Archer and Norman Archer, her husband
I I!a m; {; LefinsTsia and Sarah G; hheftRingyell
and Mrs. Samuel B. Hopkins, his wife: Erasmu!
D.. Bradley and Julia A. Bradley, his wife Juliui
N. Hubbard and Harriet Hubbard, his wife
wife; Samuel Johnson, Urbane Herrick and
CHARLOTTE HerriSk, his wife; Barzilla Sylvester
f HnIr Mrs and B1 Marx !. sYH1y s g III his w; wife W;; +; A
Haworth and Mrs. William Haworth, his wife
Jane !. Paul and 7: A. Paul, her husband; Johr
Dicus and Sarah Dicus, his wife; Thomas Turn
n. Spellman and Louisa Spellman, his wife; s
7. McFadden and Mrs. S. T.. McFadden, his wife
the unknown claimants Of the southwest quar-
teen and i've acres off from the west side of the
southeast quarter OF the southwest quarter o.
section Seventeen, all in Township Seventy
Audubon and State OF Iowa, and the unknown
claimants of the northwest quarter of the
southwest quarter OF section Seventeen, anG
one acre off from the west side of the southwest
quarter of the northeast quarter Of the south
west quarter of section Seventeen, all in Town
ship Seventy-eight and Range Thirty.tive, in the
county of Audubon and State of Iowa, Defend
ants,
To the above named defendants and the I'M
known claimants OF the southwest quarter Of the
acres of from the west side of the southeast
quarter OF the southwest quarter of section sew
%enteen, all in township seventy-eight and Range
Thirty.tive in the county OF Audubon and State
of Iowa, and the unknown claimants of the
northwest quarter of the southwest quarter OF
section Seventeen, and one acre of from thu
west side of the southwest quarter of the north
east quarter OF the southwest quarter Of sec
ton seventeen, all in Township Seventy-eigh
and Range Thirty-6ve in the county of Audubon
and State of Iowa.
That there is now on file in the office Of the
Clerk of the District Court Of the State of Iowa
in and for Audubon county, the petition Of the
is the absolute owner in fee simple of the follow
ing described real estate, towit: The southeast
quarter of the northeast quarter, and the north
east quarter OF the southeast quarter of sec
OF the southwest quarter, and the south
west quarter of the northwest quarter OF
the west side Of tie southwest gu quartz,
of the northeast quarter, of the southwest
quarter Of section Seventeen Q7), and five acres
off from the west side of the southeast quarter
Of the southwest quarter Of section Seventeen
all in Township Seventy-eight (78), and Range
Thirty-tiye 1857, in the county of Audubon and
s,ase 81 Claim i1% aav ana t ta thu 5ee ti R%e1e ana asta maG o5
the Plaintiff in and to said real estate. That
the Plaintiff and his grantors have been in the
peaceable, undisputed. notorious, open, con,
tinuous and adverse possession Of said prop
erty for moro than ten years last past under col,
or and claim Of title. That the unknown claim,
ants of the southwest quarter of the southwest
quarter OF section Seventeen and five acres oil
from the west side of the southeast quarter Of
the southwest quarter of section Seventeen, al
in Township Seventy-eight and Range Thirty
are the heirs.at-law of Alva B. Brown, deceased
and the wives and husbands of such heirs-at
law and all persons claiming from, by, through
husbands. the said Alva B. Brown havigg dice
intestate in the year A. D. 1859, seized in fee o.
said southwest quarter OF the southwest quar-
from the west side of the southeast quarter o
the southwest quarter of said section Seventeen
and that said unknown claimants of said prop
fee simple and claim to have derived their title t
said property as follows: The said heirs.at-law O
Alva B. Brown. deceased. by inheriting the SAM
and husband Of said heirs.at-law from their re
spective husbands and wives; and the person.
claiming from, by, through, or under said heirs
| aLlAW, OF I0elF WlVGS anu nuSOauUS Dy lQ09flI
ing or purchasing the same from said heirs.at
law or their respective wives and husbands
Thatth unknown claimants of the north-wes
ssg g9eseee of a ths s sns sszs 81 ap1f5 Fom Ct tb see xss
side of the southwest quarter OF the north
east quarter Of the southwest quarter of sec
and Range Thirty-hve, in the county OF Audubon
and State of Iowa, are the respective husband
OF the said Defendants, Jane A. Kincade, nar
riot E. kincade, Lucinda T. kincade and Mar
| fha T. Kincain. whn claim fn havo mn ipfaroc
in said northwest quarter OF the south-wes
quarter Of said section Seventeen and said or
acre OF from the vest side Of the south.wes
west quarter OF said section Seventeen as the re
spectiye husbands Of said Defendants, Jane A
Kincade, Harriet F. kineade, Lucinda +. Kin
derived such interest by their respective wive
inheriting an interest in said real estate as a
heir.atlaw Of Jas. Kincade, deceased, who die
northwest quarter of the southwest quarter q
said section seventeen and said one acre OF land
That the names and residences of each and al
of said unknown claimants of said south.wes
quarter of the southwest quarter of said sec
ton Seventeen, and said five acres off from tn
west side of the southeast quarter of the south
west quarter of said section Seventeen, and sal,
unknown claimants of said southwest quartz
of the southwest quarter OF said section Sever
teen and Of said one acre are unknown to Plain
tiff and that he has sought diligently to lear
the same, and asking that the court order, ad
Judge and decree that the Plaintiff is the absc
lutte owner in fee simple of all the real estat
hereinbefore described, and that the Defend
ants, or either Of them. have no right, title
claim, or interest in or to said real estate, an,
that the Plaintiffs title and estate be establish
ed against the adverse claims Of the said Dc
PENDANTS, and each of them, and that Defend
ants and each of them and all persons claiming
by or through them, or either Of them, be bal
red and forever estopped from having or claim
ing any right OF title adverse to the Plaintiff ii
to be quieted in the Plaintiff, and that Plaintiff
have such other, further and additional relic
as to the court may appear proper and eQuitabl
in the premises. For further notice see petition
on file. You are further notified that unles
you appear thereto and defend on or befor
noon Of the second day Of the May term. A. .
on the 18th day of May, A.. b. 1897, at the Cour
House in Audubon, Audubon county, Iowa,
default will be entered against you and judg
ment and decree rendered thereon.
SwAN & BRUCE,
Attorneys for Plaintiff.
STATE OF IOWA. lss
AUDUBON COUNTY, }ss
Upon reading the petition on file in thi
case and after an examination OF the foregoing
notice and being advised of the form and cor
| fAufQ fharnnf ~ 20 .nrlnral -, kI,a ,r,,r