The Oskaloosa herald., 1901-03-14
ORIGINAL NOTICE.
James F. CLARK

VS.
Mary E. Burns, widow of Elias 7.
Burns; Mary E. Burns, executrix;
the unknown heirs of MaryE Burns,
the unknown heirs of Elias T. Burns
and the unknown claimants of the
seq of section IS, township 76,
range IA, w. of 9th p. M Mahaska
county, Iowa.
In the district court of Mahaska
county, Iowa, April term, A. ID. 1901.
To Mary E. Burns, unknown heirs
of Elias 4. Burns, unknown heirs of
Mary e. Burns, and the unknown
claimants of the real estate herein.
after described:
You ana eacn OF you are nerepy
notified that there is nov 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 p.
M, Mahaska county, Iowa. The said
plaintiff claims title to said premises
by continuous chain of conveyances
from the government to the plaintiff,
and the plaintiff and his grantors have
had peaceable and uninterrupted pos
session under color of title and claim
of right as against all of said defend
ants for more than thirty years last
past. Elias T. Burns died in Owens
county, Kentucky, seized of the real
estate herein described, about the
year 1868, leaving a will, and naming
| his wife, the defendant herein, Mary
| E. Burns, as ~executrix, and she duly
| qualified as such. The will author
lied said ~executrix to dispose of all
of the land in Iowa, and she sold said
land and executed a conveyance to
Henry P. Ninde and the latter to this
plaintiff. Said ~executrix made deed
of said land without an order from
court and said will was not probated
in the State OF Iowa, nor did the ex-
ecutrix qualify in the State of Iowa,
but sold and conveyed under a for
| eign will, the same having been pro-
bated in Owens county, Kentucky.
| The said e~xecutrix sold said land and
| conveyed the same by e%xecutrix deed
to said plaintiffs grantors on April
"a, 1868. That Mary E Burns was
the owner of an undivided one-third
and the heirs of Elias I. Burns, I'M
known, were the owners of the re-
manning two-thirds of said realty;
that she sold and did convey her in
terest by said deed to Ninde together
with the remaining interest, receiving
and accepting the purchase price
therefor and in equity; plaintiff is en-
titled to a full conveyance therefor,
should said former deed be held in
sufficient. Plaintiff pleads all cura-
tive acts relative to conveyances by
foreign executors under foreign wills.
| rLn .lo;.k;F aouo that he 10 tho oh
solute and unqualified owner of said
real estate and the plaintiff and his
grantors have had ~peaceable ard un-
interrupted possession of said real
estate,for more than thirty years, that
the same has been open, notorious,
hostile continuous and adverse to all
Of said defendants and each Of them,
the unknown heirs and the unknown
claimants. The said Elias T. Burns
and Mary E. Burns, the plaintiff is
informed, died many years g and
the plaintiff has made a diligent search
for the heirs of said defendants and
has been unable to find the same and
| cannot give any better description or
information. Plaintiff asks that said
executrix deed be established as a
full and complete conveyance of all
tn6 rlgDU, UlLle anu interest IN ana 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 effectual
forever, as against all of said defend
ants and each of them ,Iheirunknown
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 judg-
ment and decree entered thereon, as
prayed for in the petition.
H. H. SBERIFF, W. Fl. HEATING,
Attorneys for Plaintiff.
This original notice having been
presented to me for approval and /
being duly appraised in premises here
by approve the same, and order that
it be published 6 weeks successfully
in the Oskaloosa HERALD, published
in the City of Oskaloosa, Iowa. this
14th day of February, A. D., 1901.
A. r. DEWEY,
Judge of the District Court of the 9Th
Judicial District of Iowa 30w6
ArE NnrICD