Audubon County journal. (Exira, Iowa) 1884-1993, 1904-01-07
Original Notice.


Mary Z. Bintner, plaintiff, VS.. Emerson
Herrick, J. DeForest HerricE, Sarah Bene.
Myers t Emm nrnett I ElIa TEe Tenn Lille
Julius E. Herrick, Ora Beers Iorinda
i Rsoung, Ida Houston, Urbana S. Herrick,
Maggie Howard, Carrie Green. the nm,
known heirs of Alvin Herrick, deceased,
ana the unknown claimants Of the
south half of the northeast quarter Of
the southwest quarter of section 8, town.
snip snip %, range 30, in Audubon county,
Iowa, defendants.
GU are each and all hereby notified that
ahsIe Is is now On file in the office of the
clerk OF the District Court of Audubon
owner fee simple Of the. premises above
at ssgne ana that she is in possession
tneIeo1; ana that She owns and holds title
70 the same under warranty deed from
kki ma,ast,G aGult Henry F. Gault and wife,
q lash, Anna Bell Houston and HUSBAND
carrie Powell and husband and Charles
r, GRam a' dated March 1903, and recorded
o b eo ahf Office fe. Of the
| that she and those under whom She Claims nus
ownership and title to said premises i have
notorious, continuous, hostile, adverse
Herrick, deceased and his heirs ne at A lawn
of ownership, since May Is, 1850. An
apstract OF title under which said Alvin
the petition. That on April 6, 1860, said
Alvin Herrick and his wife, Paulina Her
TICK, executed and delivered to one Elisha
real estate then owned by them, which
included the premises in controversy, and
to execute and deliver good and sufficient
BOOK A, page 55!; in the office of the
recorodeT To- OF Audubon county, Iowa, on
That on or about May %. 1860, said Alvin
Herrick sold said premises to one MarvL.
Gault Tor the sum of $4,000, and that She
tn paid aids said Alvin Herrick said pur-
Herrick and wife, Paulina Herrick. nv
their said attorney in fact, Elisha Is.
NHIerrlGk, executed and delivered to said
sald premises on or about May %, 1850
IN t6a N Was recorded &c t in Book page $780,
county Iowa on Nav te s6 9ssp OF Audubon
SAID deed is set out in the petition. That
SAD Mary L. Gault took possession of said
PREMISES PREM un5 IS said as6 sale and deed on or
occupied the same until her death. That
said Alvin Herrick and his wife, Paulina,
about the IN 1855 or ss n.y.
Alvin Herrick died intestate, in Audubon
county Iowa, about the year1S4 That by
was siezed in fee simple of said nremises
at the time of her death; and that She
died intestate, in Audubon county, Iowa,
Richard Gault, her husband. and her oI1Iv
ch1ldren; and heirs at law: Henry +. 4
Ga anlt now awg Mss Mi ID Saul Hldred
Gault, now Mrs. Carrie Powell, y Anna He'll
GGaault, now Mrs. Anna Bell Houston,
Charles Gla X. Gap!t and Mary Z; Gault, now
mrs. Mary L. Bintner, the plaintiff herein.
Ihat the defendants above named and
described arethe children, grandchildren,
Herrick
said Alvin Herrick had other children and
descendants than those named; some of
Of residence are unknown to plaintiff.
That plaintiff has caused dilieent search
to be made n. I to discover the names and
at law of said Alvin Herrick, as well as Of
any UNKNOWN claimants of said premises,
nladmi asid ths sans or therein
That plaintiff is credibly informed and
believes that the said defendants make
some claim to said premises adverse to
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
PlalntlH in and to said premises be estab.
llshed and quieted against the adverse
fIaim rs OF me defendants, aforesaid; and
them be forever estopped and barred from
having having Or Claiming any right. title or
the estate, title or ownership Of plaintiff
thereto; and for such other and further
And that unless you appear thereto and
make NAL defense LEI before noon of the second
commencing and to be held at Audubon,
Iowa, on March l, 1904, default will be
entered against you and judgment and
decree rendered thereon as prayed. For
further particulars see petition.
III. 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 therefron1; 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 9Th day of Ian
uary, 1904.
1-7.6w A. B. Tt oRNErT
Judge 18th Judicial District Iowa.