Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1906-08-08


VS..
Inc unknown owners of or claimants to the
North Half Of the Southeast Quarter of SECTION
-, ana the Northwest QTarterot the southwest
Range west OF 9TH. p. m; in Delaware County.
Iowa, and Margaret l,ocKler. "Lucius II. Lang
worthy PRESIDENT" Oliver Loomis, Peter Roth,
Henry Graw. and John TOussiant, defendants
Aisu the unknown heirs. lesattees. devisees,
and lega. representatives and assigns of the
above named defendants, and all persons
Claiming through and under them.
TO SAID DEFENDANTS:
You are hereby notified that there Is now on
file In the Office of the Clerk of the district court
Of said Delaware County, Iowa, the petition of
Peter Higgins. the plaintiff, claiming that he is
the absolute owner IN fec simple OF the North
and the No Invest quarter of the Southwest
Quarter Of Section 70, all OF Township IS North
81 Range 3 west of 9Th p. IN. In ID .laware County
Iowa and that he and his grantors through
whom he claims title have been In cp,n. motor
tous and Diverse possession of said real estate
under color OF title and claim of right for more
than thirty years last past: that on the first day
purchased from Lucius II LangwOrthy. by deed.
recorded IN Book 8 on page. SO of the records of
deeds Of Delaware County. Iowa. the W. a
). Z 4 of Sec. &C. Twp, So. r. 8 west of 9th p. IN
and the said Margaret DocAler and huband CON
yeyed, by deed. all their right title and interest
lith day OF July 1865. butthe said Johu Weis
neglected to record his said deed ami the
same Is now lost and destroyed and Its never
title: that on the l4th day of June 1857, defend
ant Lucius Ii. l. .ngworthy. president" pur-
chased. by deed, from Leonard Horr, the North
So, r. west OF 5tl p. m. and the said deed Is re-
corded In Book Il. on page 800 of the II cords OF
deeds Of Delaware County, Iowa: and the said
ss aayFTM a wfs SY as sacs
page 255 of the records of said county, conveyed
said premises. In his individualcapacity. to Ward
\. Massey. and plaintir claims that the said Lu-
cius II. l.angworthy was the real and beneficial
owner OF said premises and that no company,
partnership. corporation or society had any In
terest Ia said property at the time of said sale:
that on the I'd day of December 1868, defendant
Henry Grau purchased from Oliver LOOMS and
wife, the n. w 4 Of the 5. Z. "A OF Sec &c. Twp.
s.. 4. west OF 9Th ?. NJ. by deed recorded in
County. Iowa; and the said Henry G au and W .fc
conveyed all their interest in said property to
lhas Wolf by u certain deed dated the 3vth day
of January 1877 recorded In Book 2b on page III
OF the records Of Delaware County, Iowa which
deed was duly signed. acknowledged and de-
livered to the grantee therein named and the
u; Sso0.oQ was fully paid to the
said deed was acknowledged, through oversight
or m stake failed to sign his name TO the same
and the defective Acknowledgement casts
cloud upon plaintiff S title that on the 23rd day
OF April 1881, defendant John Toussiant took a
mortgage from Martin Mangwich and wife on
the n. ". Of the 8. L. i Of Sec. %, Twp. IS.
corded In Book U on page 5Sl of the II ortgage
records OF Delaware County. Iowa. and plaintir
claims that said mortgage was paid In full to said
john Ioussiant but he failed to satisfy and cance
the same on the records of said county, and the
same appears as an existing lien and cloud up.
on plaintiffs title to said premises: that on the
18TH day Of June 1855. the defendant Peter Roth
took an assignment of mortgage from Nicholas
Ganser and wife to Sebasten Jaeger, said as
Segment being recorded in Book 8 on page 3Gl
OF the records Of said Delaware County, and be.
Ing mortgage on the n. E 4 of the S. Z. j, Of
Sec 20, Twp: So, Range west Of 9th p. NJ. and
p.alntih claims that said mortgage has been
paid in full but the same has not been satisfied
and cancel ed Of record and the same appears
premises. That the defendants and those
claiming through them derived whatever In
terest they may have In the above described
premises BY reason OF the conveyances herein
above set forth.
And that any apparent interest or claim of
SAID defendants are junior and inferior to the
title Of plaintiff and barred by the statute Of
And plaintiff prays that his title in said
Claims Of and each Of them and ali
persons claiming through them, and that they
and each Of them be barred and .estopped from
having or Claiming any title or interest In said
premises adverse to plaintiffs, and that the
release said mortgages referred to above. on
the margin OF the records Of the same in the
Office of the recorder of Deeds Of said County,
and for other relief equitable In the premises;
and unless you appear thereto and defend be-
fore . noon Of the second day Of the next term Of
said court which will be held at Manchester In
said County. and commence on the 18th day OF
October, 1906, default will be entered against
you and Judgement and decree rendered there
on.
7 w N,,y,S