Audubon County journal. (Exira, Iowa) 1884-1993, 1900-08-30

COUNTY. IOWA.
Katherine Stager,
Frank P. Stewart Ad-
81 Of John ohm October Term
Frank P. Stewart and
his wife, Mrs. Frank p.
Stewart, Christian name
unknown, and the I'M
known heirs and as
signees of ohm Stewart,
deceased, and the I'M
known claimants of the
north three fourths of
Lots Three o. and Four Original Notice.
a. of Block Five (5) in
the town of Extra, Ar-
dubon County, Iowa.
Defendants
To the aforeSa id defendants:
. You and each of you are hereby mott
the Office of the Clerk of the District Court
OF Audubon County, Iowa, petition of
Katherine Stager, plaintiff. claiming that
er in fee simple of the North Three-fourths
Of Lots Three aud Four of Block Five in
Extra, Iowa, and that she will set out an
ton; and claiming that plaintiff is credit-
ably informed and believes that defend
ants herein make some claim adverse to
the claim of the estate of plaintiff in said
property, and that plaintiff believes that
Frank T. Stewart and wife derive their
said claims and interest from and
through one John Stewart, deceased and
hereinafter named, aud 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
that the same is a cloud upon the title of
plaintiff thereto. That on or about the
2ith day of September 1856, said Kath-
erina Stager and John Stager, her hus-
band, the then owners of said property.
executed and delivered a mortgage to the
said John Stewart whereby they mort
"a Art nv ~ al In IN nj a I,ta
subsequent to said last named date the
said note secured by said mortgage and
said mortgage We're 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
lst day of May 1889, said note was fully
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 P. Stewart was and is Ad-
ninistrator of the estate of the said JOHN
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
countyd Iowa althoTSS several times re-
residence of said adverse and unknown
claimants of said property are unknown
TO plalntlff, ana that she mas 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 adj
verse to plaintiff in and to said premises,
and that the title thereto be Quoted in the
plaintiff and for such other and furt Their
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 10Th 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. f. 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 al Audubon, Iowa, on August 10Th,
1900. 1t is further ordered that said notice
be published for six consecutive weeks in
the Audubon County Journal, a newspu-
s.2s6t : VIZ. GREEN,
Iudpa