Audubon County journal. (Exira, Iowa) 1884-1993, 1904-01-14
D. Il. JONES, Auctioneer.
OTTO WHITAKER, Clerk.
ORIGINAL Notice.

MARY l.. Blntner, plaintiff, VS. Emerson
Herrick, J. DeForest Herrick, Sarah Bene-
Myers Myers, Emma ?. Love, Cora HincKle,
Young, Ida Houston, Urbana S. Herrick,
Rosa Gray, Roby Flynn, Mary E. Hansen.
Maggie Howard, Carrie Green, the UNI
ana the unknown claimants of the
south half of the northeast quarter of
the southwest quarter of section 9, town,
Iowa, defendants.
To THE ABOVE NAMED DEFENDANTS:
You are each and all hereby notified that
clerk of the District Court of Audubon
county, Iowa, the petition of the plaintiff,
lessg g has shs is the
described, and that she is in possession
thereof; and that she owns and holds title
richard Gault, Henry F. Gault and wife,
augustus G. Gauit and wife, Mildred A.
Hash, Anna Bell Houston and husband,
r. Gault, dated March 1, 1903, and recorded
a9eE Of sS in the oee of the
ownership and title to said premises have
been in the actual, visible, open, distinct.
notorious, continuous. hostile, adverse
Herrick, deceased, and his heirs at law,
and his descendants, the defendants in
tn this action under color Of title and nd claim
abstract of title under which said Alvin
Herrick held said premises is set out in
the That hi on April g. $780, said
rick, executed and delivered to one Elisha
ID. Herrick, a power of attorney to sell any
included the premises in Controversy, and
to execute and deliver good and sufficient
deeds therefor; which was recorded in
Rags 51 IN eae cf OF the
May rs, 1860.
That on or about May 2S, 1860, said Alvin
Gault for the sun, Of $4,000, and that she
then paid said Alvin Herrick said pur-
chase price, therefor. That said Alvin
their. said attorney in fact, Elisha ..
Herrick, executed and delivered to said
Mary L. Gault a deed of, Conveyance for
which was recorded in Book A. page $50,
in the office of the recorder of Audubon
county Iowa, on May 80, 1860. a copy, Of
said Mary L. Gault took possession of said
premises under said sale and deed on or
ao9ue ay ge - G and ber 90 hgd and
said Alvin Herrick and his wife, PauIina,
We're divorced in ,s Guthrie sss county, Iowa,
Alvin Herrick died intestate, in Audubon
county, Iowa, about the year 1874. That by
reason of the pre- misses said Mary L. Gault
at the time of her death; and that she
died intestate, in Audubon county, Iowa,
on on August II; 1877, leaving surviving her:
children; and heirs at law: Henry F.
Gault, Augustus e: Gault, Mildred A.
Gault, now Mrs. Carrie Powell, Anna Bell
Gault, now Mrs. Anna Bell Houston,
Charles r. Gault and Mary T.. Gault now
Mrs Mary lar 7. 4Biatner the plaintiff herein
described are the children, grandchild
great grandchildren and descendant $780,
said Alvin Herrick, deceased; and =
said Alvin HerricE had other children ;@
descendants than those named; someIS
whom are dead, whose names and pla
That plaintiff has caused dilieent sea
to be made to discover the names
places of residence of said unknown h
at law of said Alvin Herrick, as well a
any unknown claimants of said premi
under said Alvin Herrick, without succs
believes that the said defendants m1
some claim to said premises adversely
the tn estate, ownership and title Of piain&
said defendants thereto are unfoun3
and void in law and ia equity.
plaintiff in and to said premises be es sie
1ished and quieted against the adveNn,
claims of the defendants, aforesaid; .aF.
them be forever estopped and barred fr1
having or claiming any right. tit1eM
interest in or to said premises adversely
the estate, title or ownership of plaingl
thereto; and for such other and furtMI
relief as the court may deem equitable. n
And that unless you appear thereto an
make defense before noon of the secoA
day of the March term, 1904, of said coubl
commencing and to be held at Audub5ls,
Iowa, on March 1, 1901, default will be
entered against you and judgment and
decree rendered thereon as prayed. For
further particulars see petition.
N. 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, a newspaper published at
Extra, Iowa. Signed this 9Th day of Jam
| uary, 1904.
1-76w A. B. THORNELL.,
Judge 18th Judicial District Iowa.