Audubon County journal. (Exira, Iowa) 1884-1993, 1904-10-06
October. 1904, term,
In Equity
Original Notice.
defendants.
To the aforesaid defendants:


You and each of you are hereby notified
that there is now on file in the Office of
the Clerk of the district court of
anae the petition a Of
Magrete Rasmussen, plaintiff, claiming
that she is the absolute and unqualified
owner in fee simple of the land, to-wit:
Lot Six. Section Three, Township seventy
eight, Range thirty-six, west ofthe 5th p.
NJ. in Audubon County Iowa; that plain
tiff is credibly informed and she believes
that defendants herein make some claim
adverse to the estate of plaintiff in said
property and that plaintiff believes that
defendants derive their said claims. if any.
as heirs of Peter Rasmussen, and that
said claims are a cloud upon the title of
plaintiff in said land. Said petition al
ie i that ,l plaintiff and those under whom
actual. adveTse, open, eSelnsiye
and continuous possession thereof under color
OF title and claim of right and ownership since
Deccember 9Th, 1890. That the real name of de-
PENDANT; Helene--, is unknown to plaintiff
although she has made diligent inquiry to
PENDANT, Helene--, was the mother Of
the plaintiff; that she lived with Peter Ras-
mussen herein mentioned in the City of Omaha,
Nebr;; at Or near 6l4 Pierce St. from about 1850
to 1855; that plaintiff was born to said Helene
- and to said Peter Rasmussen on, or
about Dec 3rd, 1881, and that there were no
other children ever born to said parents except
female child, named Susan. who died on, or
about Oct. 18th, 1887; that said Helene
and SAID Peter Rasmussen were never married
and that this fact was matter of common
knowledge and they always held themselves
out to the public as being unmarried and that
they had the right at any time to separate and
that about the year 1854, 1855, the said Helene
- did leave said Peter Rasmussen and
went to and lived with one Helmkior witt.
whom she afterwards left the State of Nebras-
ka and her whereabouts have ever since been
unknoWn to plaintiff or to said Peter Rasmus-
SEN, That said Peter Rasmussen died intestate
in the year 1891, in Audubon County, Iowa,
opII aiy
plaintiff herein. That he was never married
and never had any children born to him except
died in infancy; that said Helene-- is not
now, and never was, an heir of SAID Peter Ras-
mn}ssen, for the reason that no legal marriage
time of his death the said Peter Rasmussen was
the legal owner and in possession of the land
herein described; that he had no property
nor money, non at the time that said Helene
lett MN, but that the property herein de-
scribed was by him bought after She deserted
nm ana the same was almost wholly. paid for
that plaintiff has attached to her petition,
winch is made part thereof an abstract of
title to said land. That the names and resi-
dence or said unknown claimants of said
premises are unknown to plaintiff, and that
she has diligently sought to learn the same
and plaintiff prays that her title and estate
be established against the adverse claims of
defendants. and each of them, and that all
persons claiming by, through, or under them,
be barred and forever estopped from having
VI any rlSuU, Ulule or interest," adverse
to plaintiff in said land, and that the cloud
upon her title be removed. and prays for such
other and further relief as the court may
deem equitable, and she prays for Judgment.
against defendants for costs
And that unless you appear thereto and de-
fend on or before noon of the second day OF,
the next term of said court which will COM
mence on Oct 18th, 1904 at the court house in
Audubon, Iowa. default will be entered
against you and decree and Judgment rend-
cred thereon us prayed.
GEORGE f. Knapp,
Attorney for Plaintiff.
The foregoing original notice having been
presented to me-, and having inspected the
Iowa, on Aug. 9th 1901 and it is ordered that
said notice be published for six consecutive
weeks in the AUDUBON COUNTY Journal, a
newspaper printed and published at Extra,
Iowa. w. r. GREEN.
Judge