Audubon County journal. (Exira, Iowa) 1884-1993, 1903-04-02
Original Notice.

MARY L. BINTNER, Plaintiff, VS.. Merrick
Sylvester. Charles Il; Gault, the I'M
known heirs of Barzillai Sylvester, de-
| ceased, the unknown claimants of the
land hereinafter described, and all per
sons claiming said premises by, through
or under said Merricl> Sylvester or Bar
| zillai 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
county, Iowa, the petition of Mary l..
Bintner, the plaintiff in this action, alle:g-
| ing that she and the defendant Charles IL.
Gault are the owners of the north half of
the northeast quarter of the southwest
quarter of Section Nine, Township Seven
Twilight, north of Range Thirty-Five. west
| that they and those under whom they
claim title thereto have been in the actual,
visible, open, distinct, notorious continu-
Gus, hostile, adverse possession thereof,
commenced under claim of ownership and
color of title, since the year 1888.
That the defendant, Merrck Sylvester,
| beng seized of said premises in fee SIM
pie, on or about March u, 1888, sold and
conveyed the same to one Bar2illai Syl-
y YES who is now dead; intendirgto, and
did execute and deliver to him, the said
Barzillai Sylvester, deed therefor, dated
March q, 1883, which was recorded in the
office of the recorder of Audubon county,
| Iowa, on April 2S, 1859, in Book % AZ pa Se
| 421 of deeds.
That by a clerical error in the descrip-
|
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
| half of said northeast quarter of the south
west quarter. and has never sold or con-
Neyed the same, except as herereinbefore
stated.
That said Barzillai Sylvester intended to
receive from said NIerrick Sylvester con-
veyance for said north half of said north
east quarter of southwest quarter, and for
| no other premises.
That plaintiff has caused dilgent search
to be made to discover the place of resi-
| dence OF said Merrick Sylvester, and the
narles and residence of the heirs of said
residence OF the unknown claimants afore-
| That she is unable to learn if said Ner-
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 s under complete chain of title
selves, and also under the said deed from
said Nerrick Sylvester to said Barzillai
| SylVester an abstract of which is set out
IN the petition.
That the defendant Charles II. Gault is
| the owner of the undivided two twenty
tlrsts of said premises as the son of the
said Mary L. Gault. deceased, and the
plaintiff is the owner of the remainder
of said premises.
That the error made in the description of
| said premises in said deed as aforesaid
| creates cloud on the title of plaintiff and
the said Charles II. Gault to said premises
which they desire to have removed.
| That plaintiff is Credibly informed and
| believes that the defendant Merrick Syl-
! Vester and the unknown heirs of said Bar
zillai sylvester, deceased, and the I'M
known claimants as aforesaid make some
| claim adverse to that of plaintiff and the
defendant Charles IL. Garllt 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 praying that the estate of plaintiff
and of the defendant Charles Il. Galllt in
and TO the north half of the northeast
quarter OF the southwest quarter of Sec
north of Range Thirty-Eive, aforesaid, be
established as against the adverse claims
OF the defendants, Merrick Sylvester, the
unknown heirs of Barzllai Sylvester de-
| ceased, and the unknown claimants of
said premises aforesaid.
| That it be decrecd by this Court that the
description of the land in the said deed
from Nerrick Sylvester to Barzillai Syl-
yester dated March q, 1889, and recorded in
Book AZ page ~, as aforesaid be correct
ed and changed so that it shall read the
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.
!, AND And that unless you appear thereto and
| uele1lu before noon or the second day OF
| the next term OF said Court commencing
and to be held at Audubon, Iowa, on the
l2th day Of May, 1903, default will be en-;
tered against you and judgment rendered
| thereon as prayed.
For further particulars see the petition.
| II. +. 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 therefronl, 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. H. GREEN,
Judge 18th Judicial Dist. OF iowa