Audubon County journal. (Exira, Iowa) 1884-1993, 1903-04-30
Original Notice.

WILLIAM T. BrNTER, plaintiff, VS. James g.
Whitehall, alias James G. Whitehill, Richard
gage hereinafter described and the unknown
claimants of the land hereinafter described,
defendants.
To THE ABOVE NAMED DEFENDANTS:
You are each and all hereby notified that
there is on file in the office of the Clerk of
the District Court of Audubon County, Iowa,
the petition of William 7. Bintner the plain
tiff in this action alleging that he is the owner
of and in possession of the northeast quarter
OF the northwest quarter of Section Nine,
T TO Il Seventy seven Fight North of Range
rye West od the a Sh II
whom he claims title thereto have been in ac-
tual visible open, distinct notorious, con-
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
which is set out in the petition. That the de-
| PENDANT James G. Whitehall and James G.
Mhite a were one and the same person, but
ing of the name. That on OF 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
of mortgages in the Office of the Recorder OF
Andubon County, Iowa, on December. 18th, 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 record in the Recorders office of Audubon
| to be lien on said premises for more than
thirty years but the record thereof appearing
plaintiff to said premises, which he desires to
have removed That plaintiff is credibly inform
ed cd, and believes that the defendant James G.
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 in equity; that the
| of Saj II hall
alias, James G. Whitehill, and whether he is liy
ing or dead is unknown to plaintiff, and the
| claimants OF said mortgage and of the unknown
| claimants of the land described herein are ,n-
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 Township Seventy Eight North
of Range Thirty Five West of the 5th p, Al.
Iowa aforesaid, be established against the ad.
hall, alias. James G. Whitehill and tho un.
known claimants of the mortgage aforesaid and
the unknown claimants of the land described
That it be .decreed by this court that the
mortgage ,g aforesaid, given. by the defendant
Klchard l, Gault to the defendant james c.
Whitehill, dated December 9th 1871, and re-
corded iu Book "a" page 465, of MORTGAGES u;
the office of the Recorder OF Audubon County y.
Iowa, is paid OIL, redeemed and satisfied.
That commissioner be appointed by the
court to enter the satisfaction thereof upon the
record where the same is recorded in the efice
of said Recorder. oo
And for such other and further relief as the
court may deem equitable. 80 VIC
ae And tnat unless yop appear thereto and
next term OF said court commencing and held
at Audubon, Iowa. on May 18th, 1903, default
dered thereon as prayed.
For further particulars see the petition.
H. F. ANDREWS
Attorney for plaintiff.
Upon reading and consideration of the nett
ton IN the above entitled action the Court d.
{ reefs and md, approves the foregoing original
March 1903. A u"S vi
And it is hereby ordered that said notice he
Pupils, upPllshed ior SIX consecutive weeks in the Au-
. at Extra, Iowa. pu'i'neo
,,e W. R. GREEN,
4-26w Judge 18th Judicial Dist. Of Iowa.