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

WILLIAM 7. BINTER, plaintiff. VS. James G.
Whitehall, alias James, c. Whitehil, Richard
Gault the unknown claimants of the mort
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 now on file in the office of the CLERK of
the District Court of Audubon County, Iowa,
the petition Of William T.. Bintner the plain
TN IL tins action alleging that he is the owner
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 ac-
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
United States down to himself, an abstract of
winch Is set out IN the petition That the de-
PENDANT James G. Whitehall and James C..
Mhltehlll were one and the same person, but
ing of the name. That on or about December
9th, 1871 the defendant Richard Gaut made, exc
cuted and delivered to the defendant James c.
December 9th, 1871, for the sum of S., due
and payable on January 18th, 1872 being the
same mortgage recorded in book a., page 49,
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 We're
fully paid by the defendant Richard Gault
many years ago, but was not released on the
record in the Recorders office of Audubon
County, Iowa that said mortgage has ceased
to be lien on said premises for more than
thirty years, but the record thereof appearing
unsatistied 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 c.
Whitehall. alias, James G. Whitehil, makes
some claim adverse to that of plaintiff to said
premises, but that such claims are unfounded
and are not valid in law or III equity; that the
place of residence OF said James c.. Whitehall,
alias, James z. Whitehill 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 Township Seventy Eight, North
of Range Thirty Five West of the 9Th p. NJ
Iowa aforesaid, be established against the al.
verse claims of the defendants James C. White
hall alias. James 9. Whitehll and the un-
known claimants OF the mortgage aforesaid and
as aforesaid.
That it be decreed by this court that the
mortgage aforesaid, given by the defendant
RICHARD Gault to the defendant James C.
Whitehall, dated December 9th 1871, and re-
corded IL Book ~ page 465, of mortgages, in
the once OF the Recorder OF Audubon County,
lowa is paid oil, redeemed and satisfied.
| Thata commissioner be appointed by the
court 10 enter the satisfaction thereof upon 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 err. OF SAID court commencing and held
at Audubon Iowa, on May 18TH 1903 default
will be entered against you and judgment rem
| dered thereon prayed
| For further particulars see the petition.
H. L. 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 r@inal
notice collected therefrom this 2Sth day of
| March 1908.
| 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. r. GREEN,
| i-26w Judge 18th Judicial Dist. of Iowa.