Audubon County journal. (Exira, Iowa) 1884-1993, 1903-04-23
Original Notice.

MARY L. BINTNER, Plaintiff, VS.. Merrick
Sylvester: Charles +; Gault, the I'M
ceased, the unknown claimants of the
land hereinafter described, and all per-
pns nder sadg said pEepises by through
zlllal Sylvester orotherwise, defendants.
To THE ABOVE NAMED DEFENDANTS:
You are each and all hereby notified
that there is now on file in the office of the
Clerk of the District Court of Audubon
Bintner, the plaintiff in this action, alleg
ing that she and the defendant Charles X.
Gault are the owners of the north half of
quarter of Section Nine, Township Seven
ty-Eight, north of Range Thirty Five, west
that they and those under whom they
claim title thereto have been in the actual,
VISIBLE l open distinct, notorious, continu
commenced under claim of ownership and
color of title. since the year 1859.
That the defendant, Merrck Sylvester,
pie, on or about March a, 1859, sold and
conveyed the same to one Barzillai Syl-
yester, who is nowd dead; intending to, and
did execute and deliver to him, the said
lSarzilla al Sylvester, a deed therefor, dated
March q, 1859, which was recorded in the
qftlce OF the RECORDER of Audubon county,
Iowa, on April Is, 1883, in Book "a page
427 of deeds.
That by a clerical error in the descrip-
ton OF said premises in said deed it was
described as the west half of the north
east quarter of the southwest quarter, etc,
instead of the north half of the northeast
quarter of the southwest quarter etc.
That SAID Merrick Sylvester never was
the owner OF the west half of the northeast
quarter OF the southwest quarter, etc, but
was at that time the owner of said north
half of said northeast quarter of the south
west quarter, and has never sold or con
veyed the same, except as herereinbefore
stated.
That said Barzillai Sylvester intended to
receive from said Merrick Sylvester a con-
veyance for said north half of said north
east quarter of southwest quarter, and for
no other premises.
That plaintiff has caused diligent search
to be made to discover the place of resi-
names and residence of the heirs of said
Barzillai Sylvester and the names and
said aid OF said premises without success.
That she is unable to learn if said NIer-
rick Sylvester is now living or dead, or if
he has any kindred living or not.
That plaintiff and the defendant Charles
Il. Gault are entitled to and hold said
premises under a complete. chain of title
selves, and also under the said deed from
said Merrick Sylvester to said Barzillai
Sylvester, an abstract of which is set out
That the defendant Charles r. Gault is
the owner of the undivided two twenty
tirsts OF said premises as the son of the
plaintiff is the owner of the remainder
of said premises.
nat tne error MADE IN the description OF
said premises in said deed as aforesaid
creates cloud on the title of plaintiff and
the said Charles X. Gault to said premises
That plaintiff is credibly informed and
believes that the defendant Merricll Syl-
vester and the unknown heirs of said Bar
known claimants as aforesaid make some
claim adverse to that of plaintiff and the
defendant Charles IL. Gault to said prem
Uses.
But plaintiff AYERS that the claims of all
said defendants are unfounded and are
not valid in law or i'll equity.
and of the defendant Charles X. Gault in
and to the north half of the northeast
quarter OF the southwest quarter of Sec
north of Range Thirty-Five, aforesaid, be
established as against the adverse claims
OF the defendants, Merriek Sylvester, the
ceased, and the unknown claimants of
said premises aforesaid.
That it be decreed by this Court That the
from Merrick Sylvester to Barzillai Syl.
Yester dated March "a, 1859, and recorded in
Book "A" page 427, as aforesaid be correct
north half of the northeast quarter of the
southwest quarter of Section Nine in
Township Seventy Eight, Range Thirty
Five; and for such other and further relief
as the Court may deem equitable.
da Ana t hfa unless you appear thereto and
and to be held at Audubon, Iowa. on the
18th day of May, 1903, default will be en-
tered against you and judgment rendered
thereon as prayed.
For further particulars see the petition.
II. f. ANDREWS,
Attorney for Plaintiff
Upon reading and consideration of the
petition in the above entitled action the
Court directs and approves the foregoing
original notice, collected therefrom, this
18th day of March, 1903.
And it is hereby ordered that said notice
be published for six consecutive weeks in
the Audubon County Journal, newspa-
w. r. GREEN,
Judge 18th Judicial Dist. of Iowa.
Original Notice.