Audubon County journal. (Exira, Iowa) 1884-1993, 1903-05-07
Original Notice,

Original Notice.
NARY L. BINTNER, Plaintiff, VS.. Merrick
| Sylvester, Charles +; Gault, the I'M
known heirs ., of Barzillai Sylvester, de
land hereinafter described, and all per
sons Claiming said premises by, through
OF oi,1 iiasr sag Merrlck Sylvester or Bar
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. ailea.
ing that she and the defendant Charles X.
Gault are the owners of the north half of
quarter of Section Nine Township Seven
tys-ElSht, north of Mango Thirty-Five, west
q, tt the 9Th P. NJ, in Audubon county, Iowa
claim title thereto have been in the actual.
visible, open, distinct, notorious, continr-
Gus, hostile, adverse possession thereof,
commenced under claim of ownership and
color of title, since the year 1859.
mat the defendant, NIerrick Sylvester
BENG seized OF said premises in fee sim
pie, on or about March "a, 1859, sold and
| conveyed the same to one Barzillai Syl-
vester, who is now dead intending to. and
ga execute and deliver to him, the said
Barzilla al Sylvester. a deed therefor, dated
March "a, 1889, which was recorded in the
office of the recorder of Audubon county,
| 427 of deeds.
That by clerical error in the descrip-
uon OF SAID promises 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.
mat 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
nan or SAID northeast quarter of the south
west quarter, and has never sold or con
stated. ~ - ''eie : gu ''eio'e
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-
dence of said Merrick Sylvester, and the
Barzillai Sylvester and the names and
residence of the unknown claimants afore-
SAD a,, OF said premises without success.
That she is unable to learn if said Mer-
he has any kindred living or not
=, That plaintiff and the defendant Charles
premises under complete chain of title
from the United States down to them
selves, and also under the said deed from,
sylvester, an abstract OF which is set out
in the petition.
That the defendant Charles r. Gault is
the owner of the undivided two twenty
nrStS or SAID premises as the son of the
said Mary I. Gault, deceased, and the
piialn!tl1i is the owner of the remainder
That the error made in the description of
sald premises in said deed as aforesaid
creates CLOUD on the title of plaintiff and
the said Charles Il. Gault to said premises
which they desire to have removed.
That plaintiff is credibly informed and
believes that the defendant Merrick Syl-
NeSter and the unknown heirs of said Bar
Zlllal Sylvester, deceased, and the I'M
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 il equity.
And praying that the estate of pla ntitf
and OF the defendant Charles Il. Gault in
quarter. of the southwest quarter Of Sec
north of Range Thirty-Five aforesaid, be-
OF the defendants, N1errick Sylvester, the
unknown heirs of Barzillai Sylvester. de-
ceased, and the unknown claimants of
SAID premises aforesaid.
That it be decreed by this Court that the
description of the land in the said deed
from Merrick Sylvester to Barzillai Syl
yester dated March "a, 1859, and recorded in
Book "A" page 427, as aforesaid be correct
ed and changed so that it shall read the
north half of the northeast quarter of the
township .Seventy-Eight, Range Thirty
Five; and for such other and further relief
as the Court may deem equitable.
And that unless you appear thereto and
defend before noon of the second day of
the next term of said Court commencing
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 therefron, 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, a newspa-
per published at Extra. Iowa
w. IL. GREEN,
Judge 18th Judicial Dist. of Iowa.