Audubon County journal. (Exira, Iowa) 1884-1993, 1899-04-13
Original Notice.

Original Notice.
In DISTRICT COURT AUDUBON COUNTY, Iowa.
Niels P. Hoegh and Niels
T. Gravengaard Mo,. Tor,, 800
Jhilson P. cummins, f.
A. Morris and the UNI
known claimants of south
Y of neA and nel4 of sell
of Sec. 80, Twp. IS, Range or;o;,,, NJ.
3d. in Audubon County, ofislnai >oeice
Iowa, Defendants,
To said Defendants: You and each of you
are hereby notified that there is now on file in
the office of the Clerk of the District Court Of
Audubon county, Iowa, the petition Of Niels P.
claiming that they are the absolute and unqual-
flied owners in fee simple of the south half of
the northeast quarter and the northeast quar-
ship IS north, of range 81, west 9Th P. M. in Au-
dubon county, Iowa, and setting out an abstract
of their title thereto; and alleging that they
and those under whom they bold and obtain
title to and possession of said premises, have
been in the actual adverse, visible. open, dis.
tnct, exclusive, notorious, hostile and contn-
uous possession thereof, under color of title,
and claim of right and ownership for thirty
years past: and that plaintiffs are crcdiby in
formed and believe that the defendants above
Of plaintiffs in said premises; and that on July
q, 1863, one Frank Klein executed and delivered
to one Unison ?. Cumnins, a mortgage of
quarter of said Section 80; and that said
mortgage fled and recorded in book 4,
page 2lS OF mortgages in the office of the Re-
corder OF Audubon county, Iowa, on October S,
lSI2; and that said mortgage and the notes Sc
cured thereby were paid by Nathaniel Hamin
the owner S OF said premises; but that said mort
gage has not been released on the record there
OF; and that on December II, 1871. the Treasurer
of Audubon county, Iowa. executed to one Z. A.
Norris tax deed for said northeast quarter of
southeast quarter of Section So aforesaid, and
that same was filed and recorded in book f
page 1888 OF deeds in the office of said Recorder
on December 3D. 1871: and that said claims and
mortgage and tax deed are clouds upon the
title of plaintiffs to said premises; and that the
places OF residence of said Unison p. Cummins
and +. a. Morris are unknown to plaintiff and
that plaintiffs do not know if they are living and
If dead the names and residences of their per-
s0nal representatives and heirs are unknown to
said unknown claimants of said premises are un-
known to plaintiffs; and they have diligently
sought to learn the namcsand residence of all
said parties pray that their title and estate
IN said premises be established against the adj
verse claims of defendants, and that said defend
ants and All persons claiming by, through or I'M
der them be barred and forever estopped from
having or claiming any right or title adverse to
plaintiffs in and to said premises and the title
thereto be QUOTED in plaintiffs and that said
mortgage be cancelled on the records and that a
commissioner be appointed by the Court to make
such cancellation and for such other and fur
ther relief as the Court may deem equitable;
ana they pray for judgment for costs against
defendants.
And that unless you appear thereto and de-
reno before uOon OF the second day of the next
term of said court which will commence on May
IL, lsgl at the court house. in Audubon. Iowa,
default will be entered against you and decree
and judgment rendered thereon, as prayed.
II. f. ANDREWS,
ATTORNEY FOR PLAINTIFFS.
The foregoing Original Notice having been
presented to me and having inspected the same,
is hereby approved at Harlan. Iowa, on April 3,
1883; 1t is further ordered that said notice be
published for six consecutive weeks in the Au.
dubon County journal, a newspaper printed
and published at Exiaa. Iowa
april G-6t w. r. GREEN, JUDGE.