Audubon County journal. (Exira, Iowa) 1884-1993, 1900-08-23
October Term
A. d. 1900.

Frank P. Stewart, Ad-
N nj strator of John October Term,
Stewart: deceased, and A. d. 1900.
his wife, Mrs. Frank P.
Stewart, Christian name
unknown, and the UNI
signees of John Stewart,
deceased, and the I'M
known claimants of the
north three-fourths of
Lots Three 80 and Four Original Notice.
the town of Extra, Au-
dubon County, Iowa.
Defendants
To the aforesaid defendants:-
You and each of you are hereby mott
fed that on or before the Goth day of Sep
TENDER, 1900, there will be placed on file in
the office of the Clerk of the District Court
Of Audubon County, Iowa, petition of
katherine Stager, plaintiff. claiming that
she is. the absolute and unqualified own
of Lots Three and Four of Block Five in
Extra Iowa, and that she will set out an
abstract of title. to said land in said petit
ably informed and believes that defend
ants herein make some claim adverse to
the claim of the estate of plaintiff in said
Frank P. Stewart and wife derive their
said claims and interest from and
through one John Stewart, deceased, and
hereinafter named, and that they and the
heirs and assigns of the said John Stew
art still claim some interest in said prop
erty adverse to the estate of plaintiff, and
plaintiff thereto. That on or about the
24th day of September, 1856, said kath-
erina Stager and John Stager, her hus-
band, the then owners of said property.
executed and delivered mortgage to the
said john Stewart whereby they mort
gagged said property: and that on date
said note secured by said mortgage and
said mortgage were assigned to one
Frank Dorr by Endorsement upon said
note and mortgage, and no written and
separate instrument of assignment being
passed between said John Stewart and
said Frank Dorr; and that on or about the
paid to the said Frank Dorr and said
mortgage released by him and said note
re-delivered to plaintiff; that no instru-
ment of release of said mortgage was ever
placed on record showing the cancellation
thereof on the part of said John Stewart
that said Frank ?. Stewart was and is Ad-
Stewart and is the sole and only heir
thereof: and that the heirs and admins
traitor of the said John Stewart now neg
lect and refuse to release or cancel said
mortgage upon the records of Audubon
county, Iowa, although several times re-
| quested so to do. That the names and
claimants of said property are uni known
to plaintiff, and that she has made dill
gent search to learn the same; and pray
ing that her title and estate be establish
ed against the adverse claims of the de-
PENDANTS, and that defendants and all
persons claiming by, through and under
them, be barred and forever estopped from
claiming or having any right or title ad-
verse to plaintiff in and to said premises,
| and that the title thereto be quieted in the
plaintiff and for such other and further
relief as the court may deem equitable
and prays for judgment against defend
ants for costs.
+ And that unless you appear thereto and
defend on or before noon of the second
day of the next term of said court which
will convene on the 18th day of October
1900, at the court house in Audubon, Iowa
default will be entered against you and
decree and judgment rendered thereon as
prayed.
GEO. +. kAPP
Attorney for Plaintiff.
The foregoing original notice, having
been presented to me, and having in
spected the same, the same is hereby ap
proved at Audubon, Iowa, on August Goth
| 1900. 1t is further ordered that said notice
be published for six consecutive weeks in
! the Audubon County Journal, newspa
per published at Extra, Iowa.
| S-23 w. Il. GREEN,