Audubon County journal. (Exira, Iowa) 1884-1993, 1904-01-28
Original Notice.

OAISludl lNOllCGs IA
Herrick, AUGUSTUS C. Herrick, Laurence
Herrick, J. DeForest Herrick, Sarah Bene-
aMIc ee,rs ORE Ea,, Arnett, Ella Temple, Lille
kuilus =. Herrick, Ora Beers, Lorinda
haoung, Ida Houston, Urbana S. Herrick,
Mosa Gray, Roby Flynn, Mary E. Hansen,
iiIaggle Howard, Carrie Green, the un-
known heirs of Alvin Herrick, deceased,
ana the unknown claimants of the
south half of the northeast quarter Of
the southwest quarter of section 8, town
snip Is, range 35, in Audubon county,
Iowa, 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
eG9unty' Iowa, the petition of the plaintiff.
Mary T. Bintner, alleging that she is the
owner in fee simple of the premises above
aaescrlped, and that she is in possession
mercer; and that she owns and holds title
k,anstu Ganult Henry F. Gault and wife,
Hash, Anna Bell Houston and husband,
Carrie Powell and husband and Charles
x. Gault, dated Msrch |, 1908, and recorded
re- Of 5 aoa h o owa Of ha
that she and those und Ter whom she claims
ownership and title to said premises have
notorious, continuous, hostile adverse adverse
possession thereof, as against one Alvin
HeIrick, deceased, and his heirs at law,
ana his descendants, the defendants in
this action, under color of title and claim
of ownership, since May %, 1860. An
a HeyIae OF title under which said Alvin
the petition. That on April 8, 1860, said
Alvin Herrick and his wife, Paulina Her
d. Herrick, power of attorney to sell any
real estate then owned by them, which
included the premises in controversy, and
DEEDS aaa therefor; which was recorded in
5 HsS S iss5 s audubon county Iowa, On
That on or about May %, 1860, said Alvin
aerrick sold said premises to one Mary E.
Gault for the sum Of $4,000 and that she
chase price therefor. That said Alvin
Herrick and wife, Pauiina Herrick, BY
Herrick, executed and delivered to said
Mary L. Gault deed of conveyance for
sald premises on or about May %, 1860,
in the office of the recorder of Audubon
county, Iowa, on May 80, 1860. A copy of
said deed is set out in the petition. That
premises under said sale and deed on or
about May %, 1860, and so held and
occupied oeid ed the same until her death. That
abont the year 1866 or 1867. That said
county, Iowa, about the year 1874. That bys,
reason of the premises said Mary L. GauI
was sliced in fee simple of said premis6T
died interstate, in Audubon county, IoyNk
on August ii. 1877, leaving surviving I4ss
Richard Gault, her husband aud heroNnE
GauIt, Augustus 6. Gau1t, Mildred SsieS
Gault, now Mrs. Mildred A. Hash. Caak III
GGaa now sf rs cfr Aan poY Ea Hn
Charles II. Gault and Mary L. GauIt, d
Mrs. Mary T. Bintner, the plaintiff herein,
described are the children, grandchildren.
great grandchildren and descendants of
said Alvin Herrick, deceased; and that
descendants than those named some of
whom are dead, whose names and places
81 residence x are unknown to plaintiff.
to be made to discover the names and
places of residence of said unknown heirs /
at law of said Alvin Herrick, as well as of
any unknown claimants of said premises
claiming the same or any interest therein}s
under said Alvin Herrick, without successgs
believes that the said defendants make
some claim to said premises adverse tot
the estate, ownership and title of PLAINTIFF
said defendants thereto are unfoundS \
and void in law and in equity.
And praying that the estate and tit1es
lished and quieted against the adve1 /
claims of the defendants, aforesaid; al l
that the defendants and. each and all 4
them be forever estopped and barred fro
interest in or TO said premises adverse
fte or sroS OF PLANT
Il
relief as the court may deem equitable. 7
And that unless you appear thereto a4 Y
day of the March term, 1904. of said cou1
commencing and to be held at Audubol
Iowa, on March l, 1904, default will
decree rendered thereon as prayed. II
further particulars see petition.
IA. f. ANDREWS, II |
Attorney for Plaintiff
Upon reading and consideration of
petition in this action, the court dire$ I
and approves the foregoing Origin
notice, collected therefrom; and it is heS 4
by ordered that this notice be publish
six consecutive weeks in the Auduta
County Journal. a newspaper published
Extra, Iowa Signed this 9Th day of ] \
uary, 1904
1-76w A. B. THORNEILs 1
Judge 18th Judicial District Low
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