Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1906-08-22

ware County.
Peter Higgins, Plaintiff.
The unknown owners of or claimants to the
North Half OF the Southeast Quarter of S3,tion
g. and the Northwest Qusrterot the Southwest
Quarter of Section 25 Township IS North OF
Range west OF 9Th. p. IN. in Delaware Couaty
Iowa. and Margaret i'ockler. "lucius II. Lang
worthy President Oliver Loomis, Peer Roth
Henry Graw, and John CONSTANT. defe iCants
Also the unknown heirs, leeattees d yisees,
and legal representatives and assigns Of the
above named defendants, ana 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, calming That he is
the absolute owner in fee simple of the North
one halt OF the Southeast quarter of section 2S
and the Northwest quarter OF the Southwest
quarter OF Section 95, all OF Township IS North
OF Range west of 9TH. p III. In ID slaware County
Iowa and that he and his grantors through
whom he claims title have been in tp?n. motor
ious and adverse possession of said rea! 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 Iangworihy, by deed,
recorded in Book on page SO OF the records of
deeds Of Delaware CoAnty. Iowa. the n W. !,
OF the 5. ". Il OF Sec. 20, and the n. L. !, of the
s. T. Il of Sec. &c, Twp. IS, r. west of 9th o, III
and the said Margaret DOckler and huband con.
yeyed by deed. all their right title and Interest
In SAID property to John Wells on or ahou. the
l4th day Of July 1865, butt said John Wells
neglected to record his said deed ana the
same Is now lost and destroyed and Its never
having been recorded casts cloud on piaintf's
ant "Lucius II; l..ngworthy. president pur-
chased, by deed. from Leonard HUrr the North
half OF the Southeast quarter OF See. 26. Twp
s., 4. west OF 9TH p. III. and the said deed Is re
corded III Book Il. on page 399 of the ecords OF
deeds OF Delaware County. Iowa: and the said
Lucius Il: Langworthy and wife. by deed. dated
on the sd DAY of May 1885,, recorded III Book s or
said premises. in his individual capacity, to Ward
l.. Massey, and plaintin claims that the said Lu
cius II. Langworthy WAS the real and beneficial
owner of said premises and that no company
partnership. corporation or society had any In
terest In said property at the time of said sale
Henry Grau purchased from Oliver Loomis ant
IS. X. 8 west OF 5th p. NJ. by deed recorded If
Book IA on page4lO Of the records of Delaware
County. Iowa; and the said Henry Grau and WI,
conveyed all their interest in said property I,
Chas Wolf by u cei tain deed dated The 3, tn day
of January 1877. recorded In Book % on page III
OF the records Of Delaware County. Iowa. whlcl
liyered to the grantee therein named and TIT
consideration, $500 90. was fully paid to thu
said Henry Crau but the officer before whom
said deed was acknowledged through Oversight
or mistake failed to Sign his name to the sam.
and the defective Acknowledgement casts
cloud upon plaintiffs title; that On the 2'rd da.
OF April lSsl defendant John Tonssiant took /
mortgage from Martin Mangwich and wife OF
the n. W. \ of the S. L. a of Sec %, Twp. IS
Il. 3 west OF 9th p, NJ. which mortgage is re
corded In Book on page tSi OF the ortgagt
| records of Delaware County. Iowa. and plaintiff
claims that said mortgage was paid In full to sait
John Toussiant. but heiailed to satisfy and canct
the sans on the records Of said county, and thu
same appears as an existing lien and cloud up
on plaintiffs title to said premises: that on til,
18th day of June 1855, the defendant Peter Rotl
took an assignment of mortgage from Nicholas
Ganser and wife to Sebasten Jaeger, said as
Segment being recorded in Book on page SO
Of the records of said Delaware County. and be
Ing a mortgage on the n. E J, of the S. E, !, o
Sec 20, Twp. 49, Range west Of 9th p. NJ. ant
plaintiff claims that said mortgage has beeI
paid in full but the same has not been Statistic,
as q lien and cloud upon PLAINTIFF title 10 sal,
premises. That the defendants and thOs
claiming through them derived whatever In
terest they may have in the above describe
above set forth.
| And that any apparent interest or claim q
| said defendants are junior and inferior to tn
title of plaintiif and barred by the statute q
| limitations.
| And plaiptiff prays that his title In sal
premises be quieted In him. against the ad,ers
claims Of defendants and each of them and "a
persons claiming through them, and that the
and each of them be barred and estopped fror
having or claiming any title or Interest In sal
premises adverse to plaintiffs, aud that III
Clerk OF said Court be directed to cancel an
release said mortgages referred to above. o
the margin of the records of the same in tn
uhce of the recorder of Deeds of said Count.
and for other relief equitable in the premises
aud unless you appear thereto and defend b'
for, noon OF the second day Of the next term {
said County. and commence on the 18th day {
October, 1906, default will be entered agains
you and judgement and decree rendered there
| on.
| w MAiNIN