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

WILLIAM I. BINTNER, Plaintiff. VS.. Rich
ard Gault, Henry f. Gault, Augustus {.
Haah a naflf Pow M lnna Be Ildped
Mary l.. Bintner, Emerson Herrick. Au-
guStus Z. Herrick, Laurence Herrick, ].
peForest Herrick, urbane s. Herrick,
Sarah Benedict, Ora Arnett, Ora Beers,
Lorinda Young, Rosa Gray, Roby Flynn,
Stella Hansen, Maggie Smith, Carrie
Green. the unknown heirs of Alvin Her
rick, deceased, the unknown claimants
OF the land hereinafter described, by,
through or under the said Alvin Herrick
deceased, 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
Clerk of the District Court of Audubon
county, Iowa, the petition of William T..
Bintner the plaintiff herein, alleging that
he is the owner of the southeast quarter of
the northeast quarter of Section Eli ht, in
Township Seventy Eight, north of Range
Thirty-Five, west of the 5th z. NJ, in Au-
dubon county, Iowa, and that he and
those under whom he claims title thereto
have been in the actual, visible, open, dis
tlnct, notorious, continuous, hostile, adj
verse possession thereof. commenced I'M
der claim of ownership and color of title,
since the year 1888.
That one Alvin Herrick, being seized of
Paulina, did on or about May IS, 1860, by
their attorney in fact, one Elisha ID. Her
rick, sell and convey said premises to the
defendant, Augustus G. Herrick, by deed
dated May IS, 1860, which is recorded in the
office of the recorder of Audubon county,
Iowa, on May Is, 1860 in Book a. page SOL.
That by mistake and omission in record
ing, said deed, the names of said grantors
and of their said attorney in fact We're
omitted from the record, and plaintiff has
been unable to discover said deed, al
though he has made diligent search to
lind the same
That said Alvin Herrick and his wife
Paulina, and Their said attorney in fact,
Elisha d.. Herrick, intended to convey
said premises to said Augustus {. Herrick,
by said deed and he intended to receive
the conveyance thereof by said deed
That said Alvin HerriCk died intestate
and unmarried in Audubon county, Iowa,
about the year 1874.
That on or about December %, 1862, the
defendant, Augustus c. HerrCk, sold and
conveyed said premises to the defendant
Richard Gault, by deed dated December
corder of Audubon county, Iowa, on Octo-
Der 20, 1864, in Book b. at page 4l6, of
deeds.
That by clerical error in the descrip-
ton OF said premises in said deed it was
described as the southeast quarter of the
southeast quarter of said Section Eight
instead of the southeast quarter of the
northeast quarter, etc.
That said Augustus G. Herrick never
was the owner OF the southeast quarter of
the southeast quarter of said Section
Eight; and that lie intended to convey to-
and said Richard Gault intended to re.
ceive from him a conveyance of said
southeast quarter of the northeast quar-.
ter of said Section Eight, and not for the
southeast quarter of the southeast quarter
thereof.
That plaintiff has caused diligent search
to be made, to discover the names and
places of residence of the heirs of said AL
win Herrick, deceased, and of the unknown
claimants of the premises aforesaid, With
the title to this action, and except the
descendants of Edison Herrick, deceased,