Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1906-08-15

In the District Court of Iowa, IN and for Della
ware County.
Peter Higgins. Plaintiff,
The unknown owners of or claimants to the
North Halt Of The Southeast Quarter of Section
Quarter of Section 25. Township IS North Of
Range west OF 9Th. p. III. in Delaware County
Iowa. and Margaret tockler. "l.uciIs II, Lang
worthy. President Oliver Looinis. Peer Roth.
Also the unknown heirs. lega,tets Il visees,
and legal representatives and assigns of the
above named defendants, ana all persons
Claiming through AMI under them.
Defendants.
To SAID DEFENDANTS:
You are hereby notitl. d 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
and the Northwest quarter of the Southwest
quarter of Section 20, all OF Township IS North
Of Range west Of 9th. p m In d -laware County
whom he claims title have been In 6p,n, motor
ious 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
of.November 1861 defendant Margaret Dockler
purchased from Lucius II L,ngwOrthy, by deed.
recorded IN Book Son page, s6 OF the records of
5. Z Il of Sec. &c, Twp. IS. K 3west of 9Th o, m
and the said Margaret Docsler and huband con.
yeyed by deed. AL their right title and interes,
18th day of july 1865, butthe said John Weis
neglected to record bis said deed AMI the
same Is now lost and destroyed and MS never
having been recorded casts cloud on plaintiffs
title: that on the l4th day of June 1851 defend
ant "Lucius III. L.ngworthy. pfesident' pur-
chased. by deed from Leonard HOrr, the North
half OF the Southeast quarter OF Sec. 2G, Twp
IS, X. 8 west of 9Th p. n and the said deed is re-
corded In Book IL. on page 800 of the iecords OF
deeds Of Delaware County. Iowa: and the said
IHil Inn nrfl n ia 1,,.I
on the 23d day of May lS62a, recorded In Book on
page 955 OF the records OF said county, conveyed
said premises, In his individualcapacty. to Ward
E. Massey, and plaintiff claims that the said I.u-
cius H. Langworthy was the real and beneficial
owner Of said premises and that 10 company,
partnership. corporation or society had any In
that on the ID day Of December ls6s. deien dan
Henry Grau purchased from Oliver loomis and
VI wife, the \. " 4 Of the $. r. Of Sec %, Twp.
Book "A Oh page 4lO of the records OF Delaware
County. Iowa; and the said Henry Grau and W fc
conveyed all their interest in said property to
Of January 1877, recorded in Book % on page III
of the records Of Delaware County. Iowa. which
deed was duly signed. acknowledge and de-
livered to the grantee therein named and the
consideration. 90, was fully paid to the
said Henry crau but the officer before whom
said deed was acknowledged, through oversight
or mistake failed to sign his name 10 the same
and the defective Acknowledgement casts a
cloud upon plaintiffs title that on the 23rd day
of April 1881, defendant John Toussiant took 4
mortgage from Martin Mangwich and wife on
r. 3 west of 9th 7, NJ. which mortgage is re-
corded In Book on page 5S4 OF the ortgaee
records of Delaware County. Iowa. and plaintlff
claims that said mortgage was paid In full 10 said
John CONSTANT but he failed to satisfy and canoe
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 tile
25th day of June 1883. the defendant Peter Roth
took an assignment of mortgage from Nicholas
Ganser and wife to Sebasten Jaeger, said rs
Segment being recorded III Book 3 on page 36l
Of the records OF said Delaware County, and be.
Ing mortgage on the n. I, OF the S. +. j, of
Sec &c, Twp. So, Range 3 west Of 9th z. Nj. ana
plaintiff 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
as lien and cloud upon plaintiffs title to said
premises. That the defendants and thos
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
limitations.
And plaiptif prays that his title In said
premises be quieted in him, against The ad erse
claims of defendants and each of them and all
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
| Clerk OF said Court be directed to cancel and
| release said mortgages referred to above. OIL
| the margin of the records of the same in the
Ollce of the recorder of Deeds OF said County
and for other relief equitable in the premises
| aud 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 tile 18th day OF
october, 1906, default will be entered against
you and judgement and decree rendered there
| on.
J.W. MALvIN.
Attorney OF Plaiptiff