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

WILLIAM T. BINTNER, Plaintiff vs. Rich
ard Gault, Henry +. Gault, Augustus {.
Haah carre Powell Anna Bell li Houston
Mary L. Bintner, Emerson Herrick, Au-
gustus e. Herrick, Laurence Herrick, J..
9 Iln3 nerIcb. u5bane s He5rick
Lorinda Young, Rosa Gray, Roby Flynn,
Stella Hansen, Maggie Smith, Carrie
Green, the unknown heirs of Alvin Her
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..
he is the owner of the southeast quarter of
the northeast quarter of Section Eight, in
Township SeventyEight, north of Range
Thirty Five, west of the 5th p. 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
verse possession thereof commenced un-
der claim of ownership and color of title,
since the year 1855.
That one Alvin Herrick, being seized of
said premises in fee simple, with his wife
Paulina, did on or about May 2S, 1860 by
their attorney in fact, one Elisha d. Her
rick, sell and convey said premises to the
defendant, Augustus c. Herrick, by deed
dated May Is, 1860, which is recorded in the
office of the recorder of Audubon county,
Iowa, on May rs, 1860, in Book "a" page SOL.
That by mistake and omissi on in record
ing said deed, the names of said grantors
and of their said attorney in fact were
omitted from the record, and plaintiff has
been unable to discover said deed, al
| though he has made diligent search to
| find the same.
That said Alvin Herrick and his wife
Paulina, and their said attorney in fact
Elisha ID. Herrick, intended to convey
said premises to said Augustus c. Herrick
| by said deed, and he intended to receive
| the conveyance thereof by said deed.
| That said Alvin Herrick died interstate
and unmarried in Audubon county, Iowa
| about the year 1874
| That on or about December 90 1862, the
defendant, Augustus Z. Herrick, sold and
conveyed said premises to the defendant
| Richard Gault by deed dated December
20, 1862, and recorded in the office of the re
corder of Aud ubon county, Iowa, on Octo
Der 20, 1864, in Book b. at page ZIG, Of
| deeds.
That by a 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 {. HerriCk neve
was the owner of the southeast quarter o
the southeast quarter of said Section
| Eight; and that he intended to convey to
and said Richard Gault intended to re
Ceive from him a conveyance of sait
| southeast quarter of the northeast quar-
| ter of said Section Eight, and not for tn,
southeast quarter of the southeast uuarte
| thereof.
| That plaintiff has caused diligent search
to be made, to discover the names ant
places of residence of the heirs of said AL
claimants of the premises aforesaid, with
out success, except as to those named il
the title to this action, and except tn
descendants of Edison Herrick, deceased