Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1904-03-30

N>rSssnNss
To THE ABOVE NAMED DEFENDANTS:
You and each Of you are hereby notified that
on or before the 10th day of April 1904. there
Will be OH tile in the office OF the Clerk Of
County, the petition in equity Of Wiliiam iep s
ley, plaintiff. claiming that he is the absolute
owner of tile south east quarter. (4) of the
ss and the north tkree oarths Se Of t en east
one half. Gsl of the north east quarter. (lS) of
section twenty six. 1867. all in township eighty
T. Nj. in Delaware County, Iowa. That the
plaintin and the persons by. through and uuder
whom he derives title have been In actual,
exclusive. continuous and adverse possession
OF said real estate for more than twenty
years last past. under color of title and claim
Said plalntir also claims in his said petition.
as follows:
That Mary Wills. who. by Phineas w. craw.
conveyed to John johnson the south east quar-
ter, G4) of the south east quarter, () of section
%, twp SO. north Range west of the 9th + NJ.
was an unmarried woman at the time of said
conveyance.
/ That the said John johnson mentioned In the
person as John Johnston who on October Is,
1852 Joined with his wife. Elizabeth, In the exc.
cution Of a deed Of the south east quarter, (k)
ss So no9th anse we.s 81 rs 5
| That Marion V Dunning and Martha 70 Dun
ming who Joined on November 1916 To- the
| IL.
south east quarter. IA Of the south east quar-
ter, tAl of section 20 and the north east quarter
Cd Of the north east quarter laSl Of section 20
| township 50, north Range west of the 9th p. M.
were husband and wife at the time they exc
That N ii Nelson and Sarah Nelson were
| husband and wife on July q, 1866.
That Nathan H Nelson. N H Nelson Jr, N H
Nelson and Nathan II Nelson Jr was one and
| the same person.
That on June 10. 1855. Aianson Lillibridge and
Mary Lillibridge, husband and wife Joined In
the execution Of q deed. to the Dubuque and
EarSas Co. Of an light
owners and more particularly over the south
east quarter. Cd Of the south east quarter. n |
Of section % township SO north Range west Of
the 9Th p. NJ That said railroad Co, as part
consideration for said deed, was to make GER
tain improvements on said land, In the way Of
fences and crossings aleng the proposed rail.
road. That said railroad was never constructed
across said land or any part thereof and 1t is
averred in said petition that said railroad and
rights acquired by said deed by abandoning the
proposed line of railway across said land and
wholly failing for more than AZ years to use or
That the description In the deed dated Janu-
airy Q. 1871 in which oscar Weilman, Aaron
execution Of to Thomas Smith was indefinite
and erroneous and that said referees Intended
by said deed to describe and convey the follow.
ing described real estate: The south east
quarter, "a of the south east quarter IA OF
section twenty three and the north east quarter
Ia OF the north east quarter, " of section q
seven eghtieths l47.sol Of the north half u q
the south east quarter. lA1 of the north east
4 quarter. lhl of section ~. all IN twp SO north
kange 6west OF the 9th r. NJ.
THAT the description in the deed dated Fob
ruarv 8. 1886, In which David H Van Auken and
Ramsey a, his wife join in the execution Of. t.
Ann Smith was erroneous and that said grantees
intended by said deed to describe and convey
the following described real estate, commencing
20 rods east Of the north west corner Of the south
east quarter IL lof the north east quarter [ u
section &c twp SO north Range west OF the 5tt
i. Nj. running thence south forty rods, thence
east thirteen rods, thence north forty rods
ming.
That certain mortgage recorded In book Is
page Va OF the mortgage records OF Delaware
County. Iowa. has been paid and released by
Charles Moore. Admr. Of the estate of JOSEPH
Moore deceased, but the Acknowledgement oil
said release was not properly authenticated
and decree is asked for the proper release Of
said mortgage.
For more particular statement of the claim.
made against you by plaintir, you are referred
to said petition In which he prays that the titls
to said real estate be quieted In him, that you
and each Of you be forever barred .nnd estoppet
from having or claiming any right or title there
to adverse to him and for such other and further
relief as may be deemed equitable In the prem
ises.
.Nopersonal judgment is prayed against any
| OF said defendants.
And that unless you appear thereto and de
fend. on or before noon Of the second day Of the
May term, 1904 OF said Court which VIII com
mence and be held ut Manchester, in sale
County on Monday the 2nd day Of May, A. d
1904. default will be entered against you ant
judgment and decree rendered as prayed.
Dated this 3Oth day Of March. 1904.
HUBERT CARR.
N 1874 Attorney for Plaintiff.