Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1904-02-03

1
Needed School Legislation" Supt
f. D. Joseph of the County school.
will speak on Compulsory Educa
ton.
ORIGINAL NOTICE.
In the District Court Of Iowa, In and fo1
Nettle c. Lewis and c Upper, plaintiffs.
VS..
The unknown claimants of the west half of thu
south ives quarter OF SEQ. 50. and all tina
part OF he south west qutrter of the nortl
west quarter OF Sec Is. that lies south of thu
Old Mission public highway as the same is now
Travelled In Al, east and WI st direction through
said forty acers; also that tract described d.
commencing at the south east corner of the
Sec "a, running thence north lO4 rods to the
center of said Old Mission Public Highway
thence west alonK the center of SAID highwa g
Inc OF said North east quarter of the south
The place q Beginning ' al IL essi
Thomas S Wilson and Mrs Thomas s Wilson
his wife; I 8 Wilson and H Wilson. his wife;
sarah Mitter; Isaac yIgler and Mrs Isaac
Zeigler. his wife; Jacob Cook and Mrs Jacob
Cook, his wife; Jacob Koch and Sarah Koch
his wife; Warner Robinson and Mrs Warner
Xyletta Robinson. his vile; chas Mallory and
!estor Al Mallory. his wife; Charles Maliery
zaa Ms a 0ha Mss Maery his zwts samuel
Patrick Mallory; Henry NJ Bentley and Harriet
bentley Bentley. his wife; John Mallory and Abigail
Malay Mory MS a, wits TIA Homer Maerv MsES Homer
and MIR Beach. her husband; Rufus b. Mason
and Mrs Rufus IL Mason, his wife; r II Mason
and Eliza Mason: his wife. James NJ Arbuckle
and Mrs James N Arbuckle, his wife; Jam S
ArDuckle and Martina Arbuckle his wife; Mar
< ret Mslcl and hls Welch, her husband: Mar
garrett WEIGH and Michel Welch. her husband;
muel Lewis; $ Lewis and 9 A Lewis, his
wife; and the unknown heirs. lrgatees, devisees
legal representatives or assigns OF the above
named persons and all persons claiming by.
through or under them, or either OF them.
Defendants.
To THE ABOVE NAMED DEFENDANTS:
You and each of you are hereby notified that
there is now OH file In the office OF the Clerk OF
the District Court OF Delaware County. Iowa.
claiming, that they are the absolute owners in
ee simple. OF the west half of the South west
quarter Of Section Thirty five 1851. AID al! that
west quarter Of ction thirty five [35l that lies
south Of the Old Mission public highway as the
same is now travelled In all east and west drec-
ton through said forty acres. also the tract
described as commencing at the south east
corner vi the north east quarter of the south
east quarter OF section thirty four l34l, running
THINGS Oue IuuuTeu anu TOUR rOuS TO the
center OF sal Old Mission highway. thence west
along the center OF said highway thirty 1901
rods and twelve ll2l feet, thence south to the
south line OF said north east quarter OF the south
east quarter u SAID section Thirty four [s4 i.
thence east 10 tile place OF beginning, all In
township ninety l9o) north. range four a.
west OF the fifth L. NJ. That tho plain IFS anu
the p rsons y. through and under whom they
derive title have been In open, notorious, adj
verse, undisputcd, peaceable and continuous
possession thereof for nor .ian twenty years
that they are creditablyN 2TQ4IoAnEEs eys
That defendants claim somta inserest' s n, =. ~
have some apparent intSfest In safa re y,
any interest of the said defendants ihars,, :. Is
juliior AMI inferior to the titlo nis ssiis and
is barred by the statute OF limitation.
Said plaintiffs also claim III Their said peti.
t on. as follows
That T 5. Wilson, who joined with A II VIII
son his wife. in executing the deed conveying
section thirty four ls4l. township 80, range 4
west Of the 5th p m Ou November 23rd 1S53-was
the same person who as Thomas Wilson. ac.
CURED the title to Said and by purchase fr.m
the United States Oh January 9th, 1852.
That defendant. Sarah Witter. who conve, ed
to Isaac Ziger, the south quarter Of the
sena s 81 sscSn THIRTY four "a aSs
range 4, on November l4th 1854, was an unmar-
ried woman at the time OF said conveyance.
That defendant Isaac zgler VIII" obtained the
title to the south quarter OF the south east
quarter OF the no til east quarter OF sect on 81,
townsh p 9O. range 4. BY conveyance from Sarah
Mitter, dated November l4th 1854. IS one and
tue same person as Isaac Zeigler, who joined
with his wife Catharine, In the execution OF the
deed uf said land, on April seth, 1856. to Jacob
Koch
That an error was made In spelling of the
name Of the defendant Jacob Cook, who APP
pears as grantee 10 the deed. executed by
Jacob Burkert and Elizabeth his wife, dated
south east quarter OF section 81. township 90,
rnnge 4. ana that his name should have appear
ed III said deed, Jacob Koch. that said 1acob
Koch. took pOssessit II of said land on execution
and delivery Of said ed, amt has been with his
succeeding grantees III undlsputed, adverse,
peaceable aud continuous possession OF said
right. That said Jacob Cook is one and the
same person /, Jacob Koch, who executed sad
deed with his wife Sarah to said land on
December 18th, 1857.
That defendant, Warner Robinson, who ac-
quired title by aeed gu August u, 1858. from
Henry Koch and Mary Eta. his wife. VI u piece
81 81 he
east quarter OF the north east quarter Of Sec
ton 81, township %. north, range a. running
thence west eight lsl rods. thence south twelve
H. rods. thence east eight tSl rods, thence
north twelve I'LL rods to the place OF begiuning.
was one and the same person as the defendant,
Warner b. who el ed With vylea
Of deed OF said land to Charles Mallory and
that the said defendants. Warner B Robinson
and Vyletta Robinson were husband and wife
at the time they executed said deed.
That the defendant Samuel b Zeigler, who
acquired title on March sth 1860 by decd from
Henry Koch and Mary Eta. his wife, Of the
north east quarter of section "a. township 90
north, range 4. was ono and tho same person as
3 Zelgler. who Joined with l. Zeigler, his
deed to Samuel Lewis of a part of said land tu
wit:-commencing at the south East corner of
the south west quarter Of the north east quarter
of the south east quarter, section 81, township
90, north range I, running thence north eighty
| 1901 rods thence east forty I40l rods, thence
north twenty [sOl rods. THENCE west forty eight
(4S) rods, thence south one hundred fl0Ol rods
That defendsnt Patrick Mallory. was single
man on July 1858: when he executed deed te
charles mallory. Of the west half Of TIE west
That defendants. Henry Bentley and Harrie,
Bentley who jSi asS on April ss! 1867 ia The
| west half Of the west half Of the south wes
quarter and q piece Of land described as begin
ming at the south west corner Of the n. ". or
of said Section IS. running thence north twent,
four t2il rods. thence asst twenty four t24l ROD!
tuence south twenty four lsal rods, thence. ives
twenty four lsal rods. in section as, township o.
time they executed said deed.
That the description Of the land conveyed y
thedeed execute ed onJuly 1st. 1858. BY Patricl
wit:-The east half Of the east half Of the soutl
west quarter OF section s.. township 80, range 4
and that said description was erroneous AM
should have appeared In said deed as follows t
wit:-the east half of the west half of south ives
quarter of section IS, Township 90, range 4
to grantee. It having been the intention of til
said Patrick Mallory to convey In said deed t
John Mallory the east half Of the west half Q
the southwest quarter Of Section So. township .
of said deed John Mallory took possession Q
the said last de- cribed land under said deed
and he and his grantees Including plaintiff
continuous possession eyer since under color q
. title and claim Of right. and that neither til