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

WILLIAM I. B1NTER, plaintiff VS. James e.
Whitehall, alias James g. Whitehill, 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
of and in possession of the northeast quarter
of the northwest quarter of Section Nine,
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-
tnous, 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 abstract of
which is set out in the 9r petition. That the de-
f fen an James G. Whitehall and james, c.
plaintiff is not advised as to the correct spell
ing of the name That on or about December
9th, 1871 the defendant Richard Gault made, exc
cuted and delivered to the defendant james c ,
Whitehill a m ortgage on said premises, dated
December 9Th, 1871, for the sum of S., due
and payable on January 25th, 1872, being the
same mortgage recorded in book "A", page 465
of mortgages, in the office of the Recorder of
AHdubon CountE Iowa on December It'll 1871
mortgage and the note secured thereby we're 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
plaintiff to said premises, which he desires to
have removed. That plaintiff is credibly informs
Whitehall. alias, James G. Whtchill, makes
some claim adverse to that of plaintiff to said
premises, but that such claims are unfounded
and are not valid in law or in equity; that the
place of residence of said James c. Whitehall.
alias, James G. Whtehill, and whether he is liy
ing or dead, is unknown to plaintiff, and the
claimants OF said mortgage and of the unknown
claimants of the land described herein are nm
known to plaintiff, though he has made dill
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 ad-
hall, alias, James G. Whitehill and the IN
| known claimants of the mortgage aforesaid anf,
the unknown claimants of the land described
| That it be decreed by this court that the
mortgage aforesaid, given by the defendant
Whitehill, dated December 9th 1871 and re
corded i'll Book IA" page 465, of mortgages, in
the office of the Recorder Of Audubon County.
Iowa ny is paid OFT, redeemed and satisfied.
court to enter the satisfaction thereof upon the
record where the same is recorded in the etfice
of said Recorder.
And for such other and further relief as the
court may deem equitable. WV
And that unless you appear thereto and
defend before noon of the second day of the
next term of said court, commencing and held
at Audubon, Iowa. on May 18th, 1903, default
will pc entered against you and Judgment rem
For further particulars see the petition.
H. F. ANDREWS,
| Attorney for plaintiff,
Upon reading and consideration of the nett.
ton in the above entitled action the Court di
reefs and approves the foregoing oripinay
notice collected therefrom this 2Sth day Of,
| March 1903. VI
| And it is hereby ordered that said notice ha
| published for six consecutive weeks in the An.
dnbon County journal, newspaper published
| at Extra, Iowa.
w. R. GREEN,
4-2-6w Judge 18th Judicial Dist. of Iowa.
The best physic:-C hamberlain,s
L "a =