Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1899-09-06
William H. Malvin,
Samuel s. Malvin and
Sarah b. Malvin,
V. s.
The unknown heirs OF
Nathaniel Odell, et.al.
nnSanAan kc
ORIGINAL. NOTICE

The unknown heirs Of
Defendants.
To the unknown heirs of Nathaniel Odell, the
unknown heirs of Mrs. Nathaniel Odell. Charles
d. Malvin, Henry Roberts, David Roberts, the
unknown heirs of Perry Perkins. the unknown
heirs OF Charlotte Perkins, John Skinner. Charles
Skinner. and the unknown claimants of the on
IL. and the 81 Of nwH Of the swis, the nv Of
seh Of swh, the swA of nwA the M Of nwA of
swA and the ny Of the swA OF swA Of section 16,
in Delaware County. Iowa. ANN SKINNER AND
AsENTH SKINNER DEFENDANTS.
You and each Of you are hereby, mott.
the Clerk Of the District curt, In and for Della
ware ounty. state Of Iowa, the petition of the
above named plaintiffs claiming that they are abb
SOlute owners infee Of the real estate above de-
scribed.
That on OF about the 18th day Of April, 1854,
sw i Of section ID. townshipsO Of range 5. west
Of the 9th p. m. That on or about the list day of
March, 1870 2; for valuable consideration said
| warrantee deed to Samuel Malvin, which deed
was never placed Of record and has been lost
That on sos SAID a list DAY Of March 1872 mortgage
premises to said Nathaniel Odell to secure part
Of the purchase money for said lands. was after
record. That said Nathaniel Odeil and wife are
now deceased, and that the names of heir heirs,
| II any they had and place Of residence, are un-
known to plaintiffs
That Ann Skinner sold and conveyed the wiz
Of sw y Of section lG, township co. n of range s
vest Of the 5th p M; to $. b. Malyin and Jane
ed and executed BY Sarah Maivln. as attorneyin
fact of said Ann Skinner under and by virtue of
| a.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 .l her son, the defendant, Charles
Ann and AsentH Skinner. 'N' o. ''' 'e'en'a''S
ce h mSss s. Eysn On hs aga Ssy Fl Ds
ship co. Of range west q the 5th D. m to lose Sc
cure the payment OF 1884 81 has been fully paid
off and should be satisfied Of record and that the
on the same land. through the defendant, Henry
Roberts. has been paid In fun and should be sat
isiied Of record. That the trust deed made on or
mex Of ek and the Y of the ne u Of section
II. township 80 OF range west Of the 9th p M,
made by Francis ole to Lawrence McNamee to
secure the payment OF 5000 to one Perry Perkins.
has been paid In full and should be satisfied of
record. That the said Perry Perkins and Char
lotte Perkins; his wife. have since deceased, and
that they died childless and that plaintiffs have
made diigent search and inquiry to ascertain
the names OF their heirs and their place of resi-
| dence. and that the names Of their heirs, II any
they had and their places Of residence are I'M
known to plaintiffs.
That plaintiffs and those under whom they
clallI 10 real estate, as SLateu the ISL
End and ord 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 Nathaniel 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. Malvn and Jane
Cloud be decreed to have conveyed all her right
title and interest In and to the land therein de-
scribed the same as though 1t had been executed
by said Ann Skinner In person.
That the title and estate of the plaintiffs to the
real estate described In the LIST. end and 3rd par
agraphs Of their petition filed herein. be estab-
lshed 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,
In and to the promises 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 2nd 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 us prayed In said petition.
BRONSON Il A RR,
Attorneys for Plaintiffs.