Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1904-01-27
ORIGINAL NOTICE.
In the District Court of Iowa, In and for
Delaware County. Mach Term, A. q. 1904.
NettIe @. Lewis and @ Tupper. pla1ntiffs.

VS..
The unknown claimants ofthe west half of the
south west quarter OF Sec. 3d. and all that
west quarter OF Sec 35, that lies south of the
Old Mission public highway as the same is n w
Travelled ny IN an east and W st direction through
commencing at the south east corner of the
north east quarter of the south east quarter OF
a saa ense north oa rods to the
thence west along the center of SAID highwa, so
rods o, and y feet thence south to the south
a, ne OF said North east quarter Of the south
the place of beginning. all in township
g9 nd NORTH R M,Isoa West Of The NJ and
his wife; Wilson and q ison, his s Wife:
sarah Witter; lsaac Zegler and Mrs Isaar
zigler, bis wife; anu Isaac Zegler and Cltharne
ZLelgier. his wife; Jacob Cook and Mrs jacob
Cook, his wife; jacob Koch and Sarah Koch
his wife; Warner Robinson aud Mrs Warner
Robinson. his wife, Warner b Robinson anu
H Hssior saSpy lis Me e CHARLES M an
and Mrs Charles Alallery his wife; Samuel
z z l. ana Mrs amasl zelgisr, his wife;
Bentley, his wife; }, hu Mallory and Abigail
aallo,y, lydia Eva Mallory Abigail L Beach
aud MIR Beach, her husbAne; Rufus h. Masun
aud Mrs RUFUS Mason, his Vile; r Ii Masrl
a d Eliza N Mason. his wife, James VI Arbuckl
and Mrs James N Arbuckie,. his vie; Jam
Z ret W, lcl and Nc WEIGH. her husband: Mar.
garrett WEIGH and Michel W ech, her liusbAnn;
5 muel Lewis; $ Lewis and G A ewIs. HI.
wife; and the unknown he rs. gateus. devi>ees
legal representatives or as-ignees oil the bow
named, persons AID all persons claiming by
through or under them, or either OF them.
Defendants
To THE ABOVE NAMED DEFENDANTS:
You und each of you are hereby notified tina,
there is now OIL Tile In the office of The Clerk q.
me District Cou.t uf delaware county, low !.
the. petiti IL ol the above Named pt4intiii
claiming, that the! are The absolute owners i.
90 simple, OF The west half of the south ives
quarter of Section hirty i've [a5l. nd al tina.
part of the South west quarter Of the NorsL
south of the Old Mission pubic h ghway as til,
same IS now Travelled Ill all east and west rec.
ton through SAID forty acres, also the tru,,
described as Comm nclng at the south eas
corner OF the north east quarter of the souill
east quarter of section Thirty four [34l, running
thence llorth one bundled and four rUus TO the
along the center OF said highway tnir 1851
rods and twrive ll2l feet. tl,nce south 10 l.
south iine OF said orth eas quarter ol the soutl
east QUARTER sad settio.. Thirty lOur Al
.llenve east 10 the place Of besi.ning, all
t'wnsLip, ninety t9uJ North. range four Ia,
. Hesl Of The fun r. NJ. Thai the plain Ills a.,
derive title have besn open. notorious, a,.-
verse, uadlsputcd peaceable aud CONTINUOUS
possession thereof Tor muie .nan twenty year.
last asst, uudt cnlor nI TT u ana CLAIM OF rlpiu
that they are creaitabi! Informed and belie,,
that defendants claim some Interest In OF
nave SOME apparent interest III said reai
estate adverse 10 the title u plai TINS, but tua
any interest Of the Sold ueien iants therein is
junior AMI inf rior tn the title Of plainliffs and
is barred by the statute OF Limitation.
Said plaintiffs also claim III The r said petl.
o., as follows:
Tina! Wilson. who joined with A Ii Wi
son. his wife, in executing the deed conyeyiu.
section thirty tour la4l lownsnip 90. range q
west OF the 9th p m Novenber2 % d lS,3-was
the same person who's rs Tnomas 5 Wilson. az
CURED the title 10 said anu by purchase fir IL
IN. United States OIL January 9th, 1852
mat defendant, Sarah Mltter, WHO convey ed
To Isaac Zigler, the south quarter Of lii.
quarter OF section thirty four IS4l. tow nship W
iange 4. OIL November l4th 1864, was AN ullnaI-
rieG conan at the tine Of SAID conveyance.
l.lat defendant lsaac sler VIII obtained til,
title to the south quarter the south et>i
quarter OF tue no til east quarter of sect Oh "a
t .eVt ~ range 4. by conveyance from sara
the same person as Isaac Zeipler, who joined
with his wife Catharine. in the execution OF III,
Koch.
That an error was made in spelling of the
name OF the defendant Jacob Cook. who p
pears AS grautee iu the deeJ. executed By
Jaeob Burkert and Elizabeth his wife. eateu
July Nth, 1856. of the north east Iarter of lhr
south east quarter OF section 81. township 3D.
ralge 4. anu that his name should have appear
"a ~ said deed. Jacob Koch, that said .acub
Koch. took pOssessitn OF said land OH execution.
and delivery Of saiu ed ant has been with hi,
succeeding grantees i'll undlsputed. adverse
peace Die and coltlnuou, possession OF said
iand ever since under CO. or of It'll, and claim ul
right. That SAID Jacob Cook is one and the
same person as Jacob Koch, who executed sa a
deed with his wife Sarah 10 said land on
December 18th. 1857.
That defendant, Warner Robinson, who ac-
quired title by ueed on August y, 1858 from
aenfy Koch and Mary Eta. hi, vile. 4 piec,
OIL land described as commencing at the north
east corner OF the south quarter of the suu,ll
east Quarter OF tue north east quar- er If sec
wssl siHit rods thence ass soth rq tMlY
y rods. thence east eigh. Isl rods. themes
.Ss.s twe,vs ltsl rods 70 the place o, begf ming
Warner b. Robinson. Who joi ed with Vylstta
Robinson on March 23rd, 1868 in tie executi,i,
q q deed Of said laid to Charles Waller. and
that the said defendants. Warner B Robinson
aud Vyletta Robinson were husband and wife
at the time they executed said deed.
mat the d.fen dant Samuel b Zelgler, who
acquired title on March sth 1860 by ue,d trum
Henry Koch and Mary Eta. his wife, OF the
south Quarter Of the south east quarter of til.
north east quarter of section "a township gu
oFl ai rdInge T. was one and the same person
vile, on April 5th 1860 in the execu ion of lle
ueea 10 samuel Lewis OF Il part OF SAID land t.
wit:-commencihg at The south east corner Of
tho south west quarter of the north east quarter
Of the south east quarter, section 81 township
w. north, ranse4 running thence north eight
lsol roas. thence east forty I4ol rods. thence
|
t4s) rods, thence south one hundred [lU0l rous,
thence east eight 49, rods.
That defendant Patrick Ma Tory. was single.
man nan on Jniy 1858. VIII Ii he executed deed /.
jhailes Mallory of The west half Of tie west
nall OF the south west quarter If section 8.
to-. nship 10 ranged.
Bentley, who 1yined OH April 29tll. 1867 In the
exec tion of a deed TO Samuel Lewis of The
west hall OF the west h II Of he south ives,
quarter and piece of land described a, b.elll.
nlne at the south west corner of the north west
Of said Section 10 ruani 4 thence north INVENT,
lour IA rods. thence asst y1nty four 24] RODS
twenty four al rods. in section IS. township .,
no'th range 4 We're husband and wife az the
time they executed said deed
That Tie description of the band conveyed IN
thed. ed eAecu. ted onJuly 1,t. 1855 by Patrick
Mallory 10 John Mallory, appears as follows t.
wit:-Ihe east nalf of tn. east half of the south
ana That said description Was erroneous and
should have appeared in said deed as follows to
Wit:ntne ISL MALT Of th.w-st half of south west
lparter OF section 49, Township 80. range a.
which was the land sold by said Patrick NaliorN
TO grantee, II having been tile Intention of Till.
SAD r.trick Mallory to convey IN said deed
tue southwest quarter of Section IS, township 30
range 4. and upon the execution aud delivery
81 SAD DEED ,a John Mallor, took possession Of
and he ana his grantees including plant IFS
nave been in open Notorious. peaceab' e,adyerse
CONTINUOUS e. possession ever Since under color OF
defendant Patrick Mallory, ii he be living ar If
no be deceased, any person claim ng by
or though him has or can CLAIM any Tit to
sald iand except me plaintiffs here and that
the said Patrick Mailor, was an unmarried man
y the time he Executed said deed
mat the descr piion of he land conveyed ~
the deed executed on April 26Ih. 1850 bt John
Mallory to Abigail Mallory Homer Mallor,
Lydia Eva Mallory, John Mallory hei 5 ai,-
bears as follows to wit:-the east half OF the
east half OF the south west quarter OF sect IN 35
.. T. al said nri, .
was erroneous and should have appeared In
said deed asf lows to witt The east hall OF tile
west half OF the south W. st quarter of section
tention of the said John NJ ,lory to convey in
said dee the eas' half of the west ba.f OF the
south west quarter of section 49, township o.
to convey to grantees by said deed. and GRANTEES
and their successors In title. including plaintiffs
took possession of sa d land upon execution and
a.MVnfs OF SAID deed and have he'll posses