Audubon County journal. (Exira, Iowa) 1884-1993, 1904-02-11
Original Notice.

Herrck, AugustusC c. Herrick, Laurence
Herrick, J. DeForest Herrick, Sarah Bene-
aaiIct, Ora Arnett. Ella Temple, Lille
Julius E. Herrick, Ora Beers, Lorinda
young, Ida Houston, Urbana S. Herrick,
H Kosa Gray, Roby Flynn, Mary E. Hansen,
known heirs of Alvin Herrick, deceased,
and the unknown claimants of the
s sou half OF the northeast quarter of
snip 70, range 30, in Audubon county
NJ Iowa. defendants.
10 THE ABOVE NAMED DEFENDANTS:
You are each and all hereby notified that
there is now on file in the Office Of the
clerk of the District Court of Audubon
SG1 a 1oWa, the petition Of the plaintiff,
owner in fee simple of the premises above
described, and that she is in possession
t IA ere and that she owns and holds title
70 the same under a warranty deed from
Richard Gault, Henry +. Gault and wife,
augustus e. Gault and wife, Mildred A.
ta asis b Pna, Bell Houston and husband,
4. Gault, dated March 1, 1903, and recorded
,a gdek - PAGE Sa5 in the office of the
that she and those under whom She Claims
ownership and title to said premises have
, peen IN the actual, visible open, distinct,
Herrick, deceased, and his heirs at law.
a t,1;i his descendants, the defendants in
Of oWnership Since Nay Ia us an 1885, claim Am
ABSTRACT of title under which said Alvin
tH la I;t ne!d satd premises is set out in
Alvin Herrick and his wife, Paul Ina H fhsa
rick, executed and delivered to one Elisha
~ - HerIick, power OF attorney to sell any
included the premises in CONTROVERSY
TO execute and deliver good and sufficient
a aaa therefor; which was recorded in
BOOK "A, page 557. in the office of the
recorder OF Audubon county, Iowa, on
May %, 1860.
That on or about May %, 1860, said Alvin
Gault for the sum of $4,000, and that She
then paid said Alvin Herrick said pur-
chase fna !, price therefor That said Alvin
their said attorney in fact, Elisha b.
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
a a69ua Ma tye Is 1885, apd held and
said Alvin Herrick and his wife, Paulina,
were divorced in Guthrie county, Iowa,
about the year 1855 or 1857. That said
county Iowa, about the year 1874. That by
was sliced in fee simple Of said premises
died intestate. in Audubon county, Iowa.
on August II. 1877, leaving surviving Ter:
Richard Gault. her husband, and her only
aa hsl5s Ct aau 1fw M Hldha5y f.
Gault, now Mrs. Mildred A. Hash. Carrie
Gault' now row. Mrs.: Carrie Powell, Anna Bell
Charles r. Gault and Mary L. GauIt, now
Mrs. Mary Z. Bintner, the plaintiff herein.
That the; defendants above named and
great grandchildren and descendants of
said Alvin Herrick, deceased; and that
said ALVIN Herrick had other children and
whom are dead, whose names and places
ct residence are unknown to plaintiff
That plaintiff has caused .dilieent search
places of residence of said unknown heirs
at law of said Alvin Herrick, as well as of
any unknown claimants of said premises
under said Alvin Herrick, without success.
That plaintiff is credibly informed and
believes that the. said defendants make
the estate, ownership and title of plaintiff
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
plaintiff in and to said premises be estab-
lished and quieted against the adverse
that the defendants and each and all of
them be forever estopped and barred from
having or claiming any right. title or
interest in or to said premises adverse to
the estate, title or ownership of plaintiff
thereto; and for such other and further
relief as the court may deem equitable.
And that unless you appear thereto and
make defense before noon of the second
day of the March term, 1901 of said court,
commencing and to be held at Audubon
Iowa, on March 1, 1901. default will be-
entered against you and judgment and
decree rendered thereon as prayed. For
further particulars see petition:
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
uary 1904
1-7-6w A. B. THoRNELL,
Judge 18th Judicial District Iowa.
Better Than Gold.
IT was troubled for several years
wifi h n1,r 10