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


NARY L. BINTNER, Plaintiff, VS.. Merrick
Sylvester, Charles II. Gault the I'M
known heirs of Barzillai Sylvester, de-
ceased, the unknown claimants of the
land hereinafter described, and all per
sons diaim min said premises by through
zlllai Sylvester orotherwise, 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 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
Twilight, north of Range Thirty Five, west
that they and those under whom they
claim title thereto have been in the actual,
visible, open, distinct, notorious, continu-
commenced under claim of ownership and
color of title, since the year 1859.
That the defendant, Merrck Sylvester,
pie, on or about March p, 1859, sold and
conveyed the same to one Barzillai Syl-
yester, who is now dead; intendingto and
did execute, and deliver to him, the said
Barzilai Sylvester, deed therefor, dated
March a, 1859, which was recorded in the
office OF the recorder of Audubon county,
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 or con
VeNed the same, except as herereinbefore
stated.
That said Rarzil1a; c,,1xac+ar i,,+a,dad 10
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 Merricl Sylvester, and the
names and residence of the heirs of said
Barzillai Sylvester and the names and
| residence of the unknown claimants afore-
said OF 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
IL. Gault are entitled to and hold said
premises under complete chain of title
| from the United States down to them
said Merrck Sylvester to said Barzillai
Sylvester, an abstract of which is set out
| in the petition.
| That the defendant Charles K. Gault is
the owner of the undivided two twenty
tirsts of said premises as the son of the
said Mary L. Gault, deceased, and the
|
of said premises.
| That the error made in the description of
said premises in said s deed as aforesaid
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
vester and the unknown heirs of said Bar
zillai Sylvester, deceased, and the I'M
known claimants as aforesaid make some
claim adverse to that of plaintiff and the
| defendant Charles n
| Uses.
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 pla intit1
and of the defendant Charles Il. Gault in
quarter of the southwest quarter of Sec
ton Nine in Township Seventy-Eight
north of Range Thirty-Five, aforesaid, be
of the defendants, Merrick Sylvester, the
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 deco
from Merrick Sylvester to Barzillai Syl
veSter dated March "a, 1885, and recorded ir
Book AZ page 427, as aforesaid be correct
ed and changed so that it shall read the
north half of the northeast quarter of the
Township Seventy Eight, Range Thirty
Five; and for such other and further relic
as the Court may deem equitable.
ana tnat unless you appear thereto ant
defend before noon of the second day o
the next term of said Court commencing
and to be held at Audubon, Iowa, on tn,
18th day of May, 1903, default will be en-
tered against you and judgment rendered
thereon as prayed.
For further particulars see the petition
IL. f. ANDREWS,
Attorney for Plaintiff
Upon reading and consideration of TIN
petition in the above entitled action tn
Court directs and approves the foregoin,
original notice, collected therefrom, thi
18th day of March, 1903.
And it is hereby ordered that said motto
be published for six consecutive weeks il
the Audubon County Journal, a newspa
per published at Extra Iowa.
w. IL. GREEN,
Judge 18th Judicial Dist. of low;