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

WILLIAM I;L 4: + B1NTER, plaintiff, vs. james G.
Whitehall, alias James G. Whitehill, Richard
Gault. the unknown claimants of the mort
gage hereinafter described. and the unknown
claimants of the land hereinafter described
defendants.
To TIE 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 County, Iowa
the petition of William Z. Bintner, the plain
TN in this action alleging that he is the owner,
Of the, northwest quarter of Section Nine.
Township Seventy. Eight, North of Range
Thirty Five West Of the 18th P. NJ. in Audubon
whom he claims title thereto have been in ac
tual, visible, open, distinct notorious con
tlnous, hostile, adverse possession thereof, com
title, since the year 1870, and that he holds the
same under complete chain of title from the
United States down to himself, abstract Of
PENDANT James G. Whitehall and James G.
Mmtehll! were one and the same person, but
plaintiff is not advised as to the correct spell
ing OF the name. That on or about Decembe,
9th, 1871 the defendant Richard Gault made. eye
STted and delivered to the defendant James C.
December 9th, 1871, for the sum of S.. dne
and payable on January 25th, 1872, being the the
same So mortgage recorded in book IA, page 465,
Audubon County, Iowa, on December tn. 1871.
That as plaintiff is informed and believes said
mortgage and the note secured thereby were
many years ago, but was not released on the
record in the Recorders office of Audub amo
County, Iowa that said mortgage has ceased
thirty years but the record thereof appearing
dissatisfied creates cloud on the title of the
plaintiff to said premises Which he desires to
ed and believes that the defendant James n
Whitehall, alias, james c. Whitehill, makes
some claim adverse to that of plaintiff to said
premises, but that such claims are unfounded
and are not valid in law or in equity: that the
place OF residence c,, OF said James c. Whitehall.
ahas, James =. Whltehill, and whether he is liv-
ing or dead, is unknown to plaintiff, and tvs
names and places of residence of the unknown
claimants of said mortgage and of the unknown
known to plaintiff, though he has made dill
gent inquiry to discover the same without suc-
cess. se
And praying that his estate in and to tho
northeast quarter of the northwest Quarter Of
SECTION Nine in Township Seventy Eight, North
Of Range Thirty Five West of the 5th p N.
verse claims of the defendants James C. Whita
hall, alias. James G. Whitehill and the mn np.
Ii claimants OF the mortgage aforesaid and
the unknown claimants of the land descrih he'd
as aforesaid. 'oA
That it it be decreed by this court that Tie
Richard Gault to the defendant J amas y
Whitehill, dated December 9Th 1871. and ~ ~
corded il Book "a" page 49, Of mortga aHa f in
Iowa, is paid Off redeemed and satisfied s'
Thata commissioner be appointed hv .ho
court to enter the satisfaction thereof upon III I
record where the same is recorded in the af f,ns
of said Recorder. o ehce
and for such other and further relief as tho
court may deem equitable. - 'ne
And that unless you appear thereto and
defend before noon of the second day Of tha
next term OF said court, commencing and be1S
at Audubon, Iowa. on May 18th 1908 defanit
VIII VIII pc entered against you and Judgment rem.
dered thereon as prayed ieh-
For further particulars see the petition. X
II. F. ANDREWS, Y
I1,o Attorney for plaintiff.
ton in the above entitled action the Court a.
reefs and approves the foregoing origin ~,
March 1903 h oay OF
And it is hereby ordered that saidnotico h.
published for six consecutive weeks in the 10 70
at Extra, Iowa. pupllshed
,oe. w. R. GREEN.
42-ow Judge 18th Judicial Dist of Iows.
xul