Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1904-02-03

claim of right and said possession has been
open continuous, notorious, adverse and peace
able during all Of the said time. and that
he be deceased. any person claiming BY or
through him has or can claim any title 10 said
land except the plaintiffs herein
That defendant Abigail l. Beach, who Joined
with defendant Homer j Mallory on January
4th. 1875. in the execution of the deed to Rufus
Il Mason. OF the east half of the west half of
the south west quarter section IS. township 80,
range 4. was one and the same terson as Abigail
Mallory. who acquired ,itle with defendants
Homer Mallory and Lydia Eva Mallory to said
John Mallory. That said Abigail Beach was
at the time she executed the deed of said land
on January 4ih 1916. an unmarried woman.
That defendant Rufus II Mason, who on jan
uary Attn, 1870 acquired title to the east half OF
the west half of the south west quarter OF sec
lion 80, township 90, range A. by deed executed
and Homer Mallory, was one and the sane
person as X II Mason, who Joined with Eliza NJ
MS vile on July 18th. 1878 In the execution of u
deed TO James NJ Arbuckle of tract of land
described as follows; commencing at the south
east corner of the south west quarter of the
north west quarter OF section IS. township 90.
three (ioal 70 S. thence west fifty six 1851 rods.
thence south eighty three IsaI rods. thence east
sixteen ll6l rods thence south TWEEN y l2o, rods
thence east forty (40] rods, and the east half of
the west half Of the south west quarter Of Sec G.
ton 50. township 70. range 4.
ihal defendant James NJ Arbuckle who ac-
BY Il Il Mason and E liza NJ his wife, to the land
first described above. is one and the same per
son son as James Arbuckle. who on March 10Th,
lssO. Joined with Martha his wife, In the eXecu.
tion of the deed to Samuel Lewis OF said land
That the defendant Margaret WEIGH who on
January 2nd 1873 acquired title by deed execut-
as follows, tOwit:-all land lying south of the
Old Vision road In section 81. township 90.
range4 Was one and the same person as Mar
March 18th, 1873. in execution of deed to Samuel
evils OF said land, That Michel WEIGH was ut
the time Of the execution of said deed the hus-
) Lewis and A Lewis were husband and wife
at the time they ex, cu,ed the deed OF said lana
dated January aud. 1873.
quired title to the land last above named from
james Arbuckle and Martina his wife on
M March s9ih, 1880, was one aud the same person
as Lewis who on January g 1873 Joined with
WEIGH.
That the defendant Charles Mallery who ac-
quired title on March 2Srd 1863 by deed executed
ny warner Robinson AMI Nyletta Obinson
to u piece Of land described rs commencing at
the north east corner of south quarter OF south
east quarier OF north east quarter dissection 81
eight (s) rods. thence south ten to) rods. thence
east eight ~ rods. to sectio line thence along
said line ten rods to the place of beginning is one
with his Gitc Hester NJ. In the execution of the
deed on November 9Th. 1854 TO Henry Bentley to
piece OF land described Us commencing at the
The north east quarter of Section 81, township 81
range 4, running thence west eight (S) RODS
thence south ten Qo) ,ods. thence east eight
beginning, that said description appearing In
said last deed was In part erroneous. and did
not describe III said part of said description the
lana Intended to BIZ conveyed by SAID instru-
ment. that the said defendant Charles Mallory
and Hester NJ. his wife sold to Henry Bentley
and intended to convey in part by said deed the
at the north east corner OF the south quarter Of
south east quarter OF north east quarter OF sec
ton 81: Townsnip9O., Range 4, running thence
thence east eight tS) rods. to section line thence
north along said section line ten (l0) rods to
pace OF beginning, that the said 6. antee in said
upon execution and delivery of said deed and
has been with his succeeding grantees, includ-
pg the plaintiffs herein, In open, continuous.
adverse. peaceable and notorious possession OF
said last described land for more than forty
years last past, under color of title and claim Of
right and that the said defendants Charles NAL
ory and Hester NJ. Mallory his wife. II living or
u they DO dead, any person claiming through
them. have no right. title or interest In or to
said land last described herein. adverse to these
plaintiffs.
That the description IN the deed dated April
Goth 1867. In which Henry Bentley and Harriet
Bentley join In the execution to Samuel Lewis
reads in part US follows to wit: Beginning ut
the North east corner of the south east quarter
ca Of the north east quarter, la) Of section a.
township %, Range 4. thence west eight Isl
rods thence south ten 90 rods. thence east
eight (Sl rods, thence north ten l0) rods, to the
Ilaae OF beginning and that said part of sal
description was erroneous and that 1t was the
Intention of said grantors to convey In said part
OF the description the following described land
to wit: Commencing AT the north east corner
Of the south quarter ~ Of the south east
section 81, township 90, north. ronge 4, thence
west eight y rods, the nee south ten. tlOl rods,
thence east eight Isl ro ds, 20 section line. thence
beginning That said GRANTEES Sal, uei Lewis took
possession of the said last described land upon
tue execution and delivery Of said deed and has,
sssitntif sffeiE. III continuous. adverse open.
'eaf'eabie had notorious possession of said last
described land for more than forty years last
'ast. under color of title and claim OF right and
hat said defendants Henry Bentley and Harriet
bentley if living or if they be dead any persons
!. q, through or under them have no right.
adverse t. these plaintiffs.
And asking that tho title Of the plaintiffs In
md to said rai estate be established against
II them. and all persons claiming by, through or |
lnder them. and the unknown claimants of /
mid real estate; and that they be forever barred
light, title or interest in any of said real pro-
Derty herein described adverse to plaintiffs, |
md that the title Of plaintiffs be quieted thereto
md that all the rights and estate thereto be |
rested IL the plaintiffs, and for such other |
relief as may be just and equitable in the pre-
misses.
And unless you appear thereto and defend
before noon of the second day of theNlarch Term |
A. d. 1904 of said District Court Of Delaware
County, State of Iowa, to be held Mt Manchester,
Iowa, commencing on the l4th day of March
10 4. default will be entered against you and
rendered thereon and decree as pray
ed
EB. STILES,
HUBERT CARR,
FRED b. BLAIR,
ATTORNEYS for Plffs