Audubon County journal. (Exira, Iowa) 1884-1993, 1903-04-16
Original Notice.


MARY L. BIN.rNER, Plaintiff, VS.. Merrick
Sylvester. Charles r; Gault, the I'M
ceased, the unknown claimants of the
land hereinafter described, and all per-
sons claiming said premises by, through
zillai 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
Bintner, the plaintiff in this action alleg-
ing that she and the defendant Charles Il.
Gault are the owners of the north half of
quarter of Section Nine, Township Seven
ty- Eight. north of Range Thirty Five, west
of the 5th p NJ, in Audubon county, Iowa;
claim title thereto have been in the actual,
VISIBLE, open, distinct, notorious, continu-
Gus, hostile, adverse possession thereof,
commenced under claim of ownership and
color of title, since the year 1859.
That the defendant, Merrick Sylvester,
being seized of said premises in fee sim;
pie, on or about March "a, 1883, sold and
conveyed the same to one Barzillai Syl-
vester, who is now dead: intending to, and
did execute and deliver to him, the said
i}arzillai Sylvester, a deed therefor, dated
March "a 1852 which was recorded in the
office of the recorder of Audubon county,
427 of deeds.
That by clerical error in the descrip-
ton OF said premises in said deed it was
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-
veyed the same, except as herereinbefore
stated
receive from said Merrick Sylvester con-
veyance for said north half of said north
| east quarter of southwest quarter, and for
That plaintiff has caused diligent search
| to be made to discover the place of resi-
dence of said MerricS Sylvester, and the
Barzillai Sylvester and the names and
| residence of the unknown claimants afore-
said or 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 r. Gault is
the owner of the undivided two twenty
| tirsts of said premises as the son of the
said Mary 7. Gault, deceased and the
of said premises.
| That the error made in the description of
said premises in said deed as aforesaid
! the said Charles h. 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 un-
known claimants as aforesaid make some
| defendant Charles IL, CAN'T to said prem.
| iSeS.
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 plaintiff
and of the defendant Charles X. Gault in
and to the north half of the northeast
quarter of the southwest quarter of Sec
north Of Range ThirtylFive, 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 deed
from Merrick Sylvester to Barzillai Syl
Book A" page 427, as aforesaid be correct
ed and changed so that it shall read the
north half of the northeast quarter of the
southwest quarter Of SECTION Nine in
| Township Seventy-Eight Range Thirty
Five; 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 of said Court commencing
and to be held at Audubon, Iowa, on the
18th day of May, 1903, default will be en-
tered against you and judgment rendered
| thereon as prayed.
For further particulars see the petition
| III. +. ANDREWS,
| Attorney for Plaintiff.
Upon reading and consideration of the
petition in the above entitled action tn,
Court directs and approves the foregoing
original notice, collected therefron, 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, newspa
per published at Extra. Iowa.
w. IL. GREEN,
Judge 18th Judicial Dist. of Iowa