The Oskaloosa herald., 1901-03-21
p, .s,1NAL NOTICE.
James F. CLARK


E.. Burns, widow OF Elias 1.
Burns; Mary K. Burns,
the unknown heirs of MaryE Burns,
the unknown heirs of Elias I Burns
and The unknown claimants OF the
sell of section is, township 20,
range IA, w. of 9th p. NJ Mahaska
county, Iowa.
In the district court Of Mahaska
county, Iowa, April term, A. D. 1901.
To Mary E Burns, unknown heirs
of Elias L. Burns, unknown heirs OF
Mary e. Burns, and the
claimants of the real estate herein-
after described:
You and each of you are hereby
notified that there is now on file a
petition of the plaintiff in the office
of the clerk of the district court of the
State OF Iowa, in and for Mahaska
county, claiming that he is the abso-
Lutte and unqualified owner of the
southeast quarter "a of section Is,
township rs, range IA, west Of 9th Z;
M, Mahaska county, Iowa. D salo
| plaintiff claims title to said premises
| by continuous chain of conveyances
| from the government to the lnt
| and the plaintiff and his grantors nave
had peaceable and uninterrupted pos
| session under color of title and clalm
| of right as against all OF SAID de1eho-
| ants for more than thirty years last
mast. Elias T. Burns died in Owens
county, Kentucky, seized of the real
estate herein described, about the
wear 1868, leaving a will, and naming
his wife, the defendant herein, Mary
Is. Burns, as exeeutrix, and she duly
ioualiied as such. The will author
! lied said executrix to dispose OF all
: of the land in Iowa, and she sold said
,,S and executed a conveyance to
HanryyF, Ninde and the latter to this
nlo;nfifs Said ~executrix made deed
r. said lang without an order from
conrt and said will was not probated
in the state of Iowa, nor did the ex-
ecntrix qualify in tbs State OF Iowa,
Init sold and conveyed under a Tor
eign will, the same having been pro-
hated in Owens county, Kentucky:
The said e%xecutrix sold said land ana
conveyed the same by ~executrix deed
to said plaintiffs grantors on April
"a. 1858, That Mary E Burns was
the owner OF an undivided one-thlrd
and the heirs of Elias T. Burns, I'M
known, we're the owners OF the re-
manning two-thirds of said realty;
hat she sold and did convey her IN
terest by said deed to Ninde, together
| with the remaining interest,receivlng
and accepting the purchase price
J Terefor and In equity; plaintlH Is en-
D. ed to a full conveyance therefor,
t1e, Id said former deed be held IN
shos ant. Plaintiff pleads all cura-
sufRca> 9 relative to c~onveyances Dy
tive aea xecutors under foreign wills
foreign 9 tiff says that he Is the az,
The plsA unqualified owner OF salo
solute and d the plaintiff and hi
real estate az had ~peaceable and un
grantors have session of said rea
interrupted pes IN thirty years tina
the same has been / adverse to al
hostile continuous an each of them
of said defendants ana he unknown
the unknown heirs apdsl st. Burn
| claimants. The said Eta 1aintiff i
and Mary E. Burns, the D. 90 ant
informed, died many yeaf$a earcl
the plaintiff has made a diligehys an,
for the heirs of said defendants II
has been unable to find the same al
cannot give any better description o.
information. Plaintiff asks that saii
executrix deed be established as a
full and complete conveyance of all
the right, title and interest in and to
said realty and every part thereof, as
against all of said defendants and
each of them, that plaintiffs title be
quieted and made firm and ef%fectual
forever, as against all of said defend
ants and each of them their unknown
heirs and the unknown claimants of
said real estate, and asking general
and equitable relief.
And that unless you appear hereto
before noon of the second day of the
April term of court, to be held in the
city of Oskaloosa, Iowa, which will
commence on April 9th, 1901, default
will be entered against you and iudg-
ment and decree entered thereon, as
prayed for in the petition.
II. Il. SEERIFF, w. H. HEATING,
Attorneys for Plaintiff.
This original notice having been
presented to me for approval and l
being duly apprised in premises here
by approve tho same, and order That
it be published 6 weeks successfully
in the Oskaloosa HERALD, published
in the City of Oskaloosa, Iowa. this
18th day of February, A. D., 1901.
A.. R. DEWEY,
Judge of the District Court of the 9Th
Judicial District of Iowa 30w6