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

WILLIAM T. BiNTER, plaintiff, vs. James e.
whitehall alias james G. Whitehil, Richard
Gault. the unknown claimants of the mort
claimants of the land hereinafter described.
defendants.
To TIRE 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 I. Bintner, the plain
tiff 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 5th P. Nj. in Audubon
County, Iowa, and that he and those under
whom he claims title thereto have been in &C.
tual visible, open distinct, notorious. con-
tinous, hostile, adverse possession thereof com
menced under claims of ownership and color of
title, since the year 1870, and that he holds the
same under complete chain of title from the
PENDANT James C.. Whitehall and James c.
Whiteh1ll were one and the same person, but
ing of the name. That on or about December
9th, 1871 the defendant Richard Gault made, exc
cuted and delivered to the defendant James c.
December 9th, 1871, for the sum of S., due
and payable on January 25th, 1872, being the
same mortgage recorded in book "a, page 465,
of mortgages, in the office of the Recorder of
Audubon County. Iowa, on December It'll, 1871.
That as plaintiff is informed and believes said
mortgage and the note secured thereby were
fully paid by the defendant Richard Gault
many years ago, but was not released on the
record in the Recorders office of Audubon
to be lien on said premises for. more than
thirty years, but the record thereof appearing
dissatisfied creates cloud on the title of the
plaintiff to said premises, which he desires to
have removed. That plaintiff is credibly inform
ed and believes that the defendant James e.
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 of said James G. Whitehall,
alias, James c. Whitehil, and whether he is liv-
| ing or dead. is unknown to plaintiff and the
names and places of residence of the unknown
| claimants of said mortgage and of the unknown
| claimants of the land described herein are I'M
known to plaintiff, though he has made dill
| gent inquiry to discover the same without sue
| cess.
| And praying that his estate in and to the
| northeast quarter of the northwest quarter of
SECTION Nine in T1wnship Seventy Eight North
Iowa aforesaid, be established against the ad-
verse claims of the defendants James c. White-
hall, alias, James G. Whtehill and the I'M
known claimants of the mortgage aforesaid and
the unknown claimants of the land described
as aforesaid.
mortgage aforesaid, given by the defendant
Richard Gault to the defendant James c..
Whitehill, dated December 9th 1871, and re-
| corded il Book "a" page 465, of mortgages, in
| the office of the Recorder of Audubon County,
Iowa, is paid off, redeemed and satisfied.
That commissioner be appointed by the
| record where the same is recorded in the office
| of said Recorder.
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 held
at Audubon, Iowa. on May 18th, 1908, default
| will be entered against you and Judgment rem
dered thereon as prayed.
For further particulars see the petition.
II. +. ANDREWS,
Attorney for plaintiff.
Upon reading and consideration of the petit
ton in the above entitled action the Court di-
reefs 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 Au-
dubon County Journal, newspaper published
at Extra, Iowa.
w. K. GREEN
4-2-6w Judge 18th Judicial Dist. of Iowa