Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1899-09-13
In the District Court Of Iowa, In and for
Delaware County.
October term, A. d. 1899.
William H. Malvin,l
SamuelS. Malvin and
Sarah B. Malvin,
Plaintiffs. ORIGINAL NOTICE.
VS..
The unknown heirs of
Nathaniel Odell, et.al.
Defendants elf

Defendants,
unknown heirs Of Mrs. Nathaniel Odell, Charles
D.. Malvin, Henry Roberts, David Roberts, the
Snknow ., heirs Of Perry Perkins the unknown
Skinner. and the unknown claimants OF the ex
Of mex Of the mex and the SEX Of mex Of section
II, and the ~ Of nwA Of the swA. the ny Of
swH and the M Of the swK 81 sw, 81 section 1s il,
AL n township 80 n range west Of the 9Th p. IN.
n q Delaware e,aI, County, Iowa, ANN sK1NNERAND
You and each of you are hereby noti-
fed that there Is now on file In the office Of
the Clerk Of the District ourt, in and for Della
above named plaintiffs claiming that they are ab.
solute owners infee of the real estate above de-
scribed.
one Nathaniel Odell was the owner In fee Of the
NV Of the sw and the n y Of the sw y Of the
swh Of section i6; township % q q range 8, west
Of the 9Th p. m. That on or about the list day Of
March. 1870: for valuable confederation said
Odell and his wife conveyed said premises by
warrantee deed 70 Samuel Malvin. which deed
was never placed Of record and has been lost.
That on said list day of March, 1870, . mortgage
premises to said Nathaniel Ode!l to secure part
wards paid In full but has not been satisfied Of
record. That said Nathaniel Odell and wife are
now deceased. and that the names of thsir heirs.
known to plaintiffs
That Ann Skinner sold and conveyed the VIZ
ofswA q section 10, township 90. n Of range s
Cloud. That the deed conveying same was sign.
Cd and executed by Sarah Malvin. IS attorneyin
fact of said Ann Skinner under and by virtue Of
q, power Of attorney given to her by said Ann
Skinner which was never placed on record. That
said Ann Skinner has since deceased leaving as
her only heirs her husband, the defendant John
Skinner. and her son, the defendant, Charles
Skinner and two grand children, the defendants
Ann and Asenth Skinner.
That m,esgage given on the 2SId day Of De-
Cole on the sw Y of nwA Of section l6, town
cure the payment Of 1894 81 has been fully paid
mortgage made on the End day Of August. 1858,
on the same land. through the defendant, Henry
IS has been n full and should be
about the 2sth day of May. 1853 on the Q u of the
mex of mex and the X of the ne Y Of section
II, township so of range west Of the 9th p. M,
secure the payment Of 5000 to one Perry Perkins,
mas been paid IN full and should be satisfied Of
record. That the said Perry Perkins and Char
that they died childless and that plaintiffs have
made diligent search and inquiry to ascertain
the names Of their heirs and their place Of resi-
they had. and their places Of residence are un-
known to plaintiffs.
That plaintiffs and those under whom they
claim title to the real estate, as stated In the lsf
2nd and srd paragraphs Of their petition filed
herein, now are and have been for more than
ten years last past IN the continued, actual open,
adverse, exclusive, visible and notorious posses.
sion of said premises under color Of title and
claim of right.
And praying that said mortgage given by
Samuel Malyin and wife to Nat haniel Odell, the
said mortgage made by Howard A. Smith to
Henry Roberts. the said trust deed made by
Francis Cole to Lawrence McNamee In favor
of Perry Perkins be decreed to have been paid
In full and satisfied of record. That said deed
made by Ann Skinner to s. b. Malyin and Jane
Cloud be decreed to have conveyed all her right,
title and interest In and to the land therein de.
by said Ann Skinner In person.
That the title and estate Of the plaintiffs to the
real estate described In the LIST. End and srd par
agraphs of their petition filed herein. be estab-
llshed against the adverse claims Of the defend
ants, and each of them. That said defendants
and all persons claiming by, through or under
them, or either of them, be barred and forever
estopped from having or claiming any right or
title adverse to the plaintiffs or either Of them
10 and to the premises Aforesaid, or any part
thereof. That the title to said premises be
quieted to the plaintiffs according to their re-
spective interests therein, and for such other
and further relief as may be deemed equitable In
the premises
Now unless you appear thereto on or before
noon of the End day Of the next October term Of
said court which will commence and be HELD at
Manchester, In said county, on Monday, the 9th
day of October, 1899, and show cause to the con-
trary your default will be entered and decree
rendered as prayed In said petition.
BRONSON & RR,
Attorneys for Plaintiffs.
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