Audubon County journal. (Exira, Iowa) 1884-1993, 1904-02-04
Original Notice.

Mary T., Bintner, plaintiff, Us. Emerson
Herrck AnngEEstas Herrick LauEence
Myers, Emma P. Love, Cora Hinckle,
Julius E, HeErick, Ora Beers. Lorinda
Rosa Gray. Roby Flynn, Mary E. Hansen,
Maggie Howard. Carrie Green, the I'M
known heirs of Alvin Herrick deceased.
south half of the northeast quarter of
the southwest quarter of section 9, town
ship q, range 30. in Audubon county,
TO THE ABOVE NAMED DEFENDANTS:
=, 1ou are each and all hereby notified that
there is now on file in the office of the
county, Iowa, the petition of the plaintiff.
Wary y. Bintner, alleging that she is the
owner IN tee simple of the premises above
described, and that she is in possession
thereof; and that she owns and holds title
to the same under warranty deed from
Augustus c. Gault and wife, Mildred A.
Hash, Anna Bell Houston and husband,
Carrie Powell and husband and Charles
recorder Of AUDUBON county, Iowa, and md
that she and those under whom she claims
been in the actual, visible, open, distinct,
notorious. continuous, hostile, adverse
possession thereof as against one Alvin
and his descendants, the defendants in
this action, under color of title and claim
OF a3Mnetr 81 tI9;a since May IS 1850 An
Herrlck held said premises is set out in
the petition, That on April G. 1860, said
Alvin Herrick and his wife, Paulina Her
ID. Herrick, a power of attorney to sell any
real estate then owned by them, which
included the premises in controversy, and
to execute and deliver good and sufficient
DEEDS therefor; which was recorded in
Book y, page $50, in the office of the
May %, 1860.
That on or about May IS, 1860, said Alvin
G el, Ks sold said premises da to one Mary [.
then paid aid. said Alvin Hsrrck said pur
Herr la, and wife Paulina Herrick, BY
Herrick, executed and delivered to said.
Mary L. Gault deed of conveyance for
said II, premises. on or about May Is, 1850,
in the office of the recorder of Audubon
county, Iowa. on May 80. 1860. \ copy of
said deed is set out in the petition. That
premises under said sale and deed on or
about May %, 1850, and SO. held and
Occupied oc9Y ed the same until her death. That
were divorced in Guthrie county, Iowa
about the year 1865 or 1867. That said
Alvin He e died intestate, in Audubon
reason of the premises said Mary L. Gault
at the time Of her death; and that She
died interstate, in Audubon county, Iowa,
on August II. 1877, leaving surviving her:
Richard Gault. her husband, and her only
ehildEen and heirs At law Henry
Gau!t, now Mrs. Mildred A. Hash. Carrie
Gault' now Mrs. Carrie POWELL Anna Bell
GGault. now Mrs. Anna Bell Houston.
Mrs. Mary I. Bintner, the plaintiff herein.
That the defendants above named and
9 aet are the children, grandchildren
said Alvin Herrick, deceased; and that
said Alvin Herrick had other children and
descendants than those named; some of
whom are dead, whose names and places
OF residence are unknown to plaintiff.
That plaintiff has caused ,dilieent search
places Of residence of said unknown heirs
at law of said Alvin Herrick as well as of
any unknown claimants of said premises,
under said Alvin Herrick, without success.
That plaintiff is credibly. informed and
believes that the said defendants make
thereto but she AYERS that the claims of
SAID defendants thereto are unfounded
and void in law and in equity.
AND praying that the estate and title of
plaintiff in and to said premises be estab
lished and Quoted against the adverse
that the defendants and each and all of
them be forever estopped and barred from
having having or claiming any right. title or
interest in or to said premises adverse to
the estate, title or ownership of plaintiff
thereto; and for such other and further
relief as the court may deem equitable.
And that unless you appear thereto and
make defense before noon of the second
day of the March term, 1904. of said court
commencing and to be held at Audubon,
Iowa, on March 1, 1904, default will be
entered against you and judgment and
decree rendered thereon as prayed For
further particulars see petition.
H. f. ANDREWS,
Attorney for Plaintiff.
Upon reading and consideration of the
petition in this action, the court directs
and approves the foregoing Original
notice, collected therefrom and it is here
by ordered that this notice be published
sIx consecutive weeks in the Audubon
county Journal newspaper published at
Extra, Iowa. Signed this 5th day of Jan
llary, 1904
l-7-6w A. b. THoRNELL.,
Judge 18th Judicial District Iowa.
Better Than Gold.