Audubon County journal. (Exira, Iowa) 1884-1993, 1903-04-09
Original Notice.

MAEy L BrN GS1Iss Plaintiff G vs. Ne Merriek
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 Merrck Sylvester or Bar
zillai Sylvester or otherwise, 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, alleg-
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
| ty Eight, north of Range Thirty-Five west
| of the 18th p. NJ, in Audubon county, Iowa;
| 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 I1 of title; since the year 1852
| being seized of said premises in fee sim
pie, on about March "A, 1859, sold and
conveyed the same to one Barzillai Syl-
did execute and deliver to him, the said
Barzillai Sylvester, deed therefor, dated
March p, 1889, which was recorded in the
office of the recorder of Audubon county,
Iowa, on April IS, 1852 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 con-
Veyed the same, except as herereinbefore
stated.
/. That said Barzillai Sylvester intended to
receive from said Merrick Sylvester 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
names and residence of the heirs of said
B Lan;1 Sylvester and the names and
residence OF the unknown claimants afOre-
| said or said premises without success.
That she is unable to learn if said Mer.
| rick Sylvester is now living or dead, or if
he has any kindred living or not
That plaintiff and the defendant Charles
r. Gault are entitled to and hold said
from the United States down to them
selves, and also under the said deed from
said Nerrick Sylvester to said Barzillai
in the petition.
That the defendant Charles r. Gault is
| the owner of the undivided two twenty
said Mary l.. Gault, deceased, and the
plaintiff is the owner of the remainder
4 or SAD 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-
zillai Sylvester, deceased, and the I'M
| known claimants aforesaid make some
claim adverse to that of plaintiff and the
| defendant Charles Il. Gault to said prem
| iSeS.
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. Gault in
and to the north half of the northeast
quarter of the southwest quarter of Sec
| ton Nine in Township Seventy-Eight,
north Of Range Thirty-Five, aforesaid, be
ef as aganst the claims
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 SeNentyEight, 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
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
III. 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 il
the Audubon County Journal, newspa
per published at Extra. Iowa.
W. Il. GREEN.
Judge 18th Judicial Dist of Iowa