Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1906-07-25
Original Notice.


In the District Court of Iowa, in and for Della
Peter Higgins. Plaintiff.
The unknown owners of or claimants to tho
North Halt of the Southeast Quarter OF Section
&c, and the Northwest Quarterof the Southwest
Quarter of Section 20. Township So North of
Range west of 9th. p. m. In Delaware County
Iowa. and Margaret ltockler, "Luclus II. Lang
worthy. President" Oliver Looms, Peer Roth,
Henry Graw. and John Toussiant. defendants.
ami isga' 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
one halt OF the Southeast quarter of section %,
and the Northwest quarter of the Southwest
quarter of Section 90, all OF Township IS North
of Range west of 9Th. p. M In Delaware County
Iowa and that he and his grantors through
whom he claims title have been In cp,n. motor
tous and adverse 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 Llngworthy. by deed,
recorded In Book 5 on page Sc of the records of
deeds Of Delaware County. Iowa. the N. w. Il
$. E u of Sec, &c, Twp. IS. R swest of 9th p. IN
and the said Margaret Dochler and huband con-
yeyed. by deed. all their right title and Interest
18th day OF July 1868, butthe said John Wes
neglected to record lis said deed AMI the
same Is now lost and destroyed and It's never
having been recorded casts cloud on plaintiffs
title: that on the l4th day of June 1857, defend
ant l.ucius II. L.ngworthy. president pur-
chased by deed from Leonard HOrr, the North
half Of the Southeast quarter of Sec. 26, Twp.
S. X. west Of 9th p. m. and the said deed is re-
corded in Book Il. on page 800 of the records OF
deeds Of Delaware County, Iowa: and the said
on the ESD Gay Of May 1862. recorded In Book on
page 255 OF the records of said county, conveyed
said premises. In his individualcapaclty, to Ward
cius II. Langwortly was the real and beneficial
owner of said premises and that no company,
partnership. corporation or society had any In
Il AZ on the ID day of December lsSs. defendant I
Henry Grau purchased from Oliver Loomis and
wlfs the y. " \ q the s. y Of Sec %, Twp.
Book IA on page 40 Of the records of Delaware
County. Iowa; and the said Henry Grau and wife
conveyed all their interest in said property to
Of January 1877. recorded in Book % on page II
OF the records Of Delaware County. Iowa. which
deed was duly signed, acknowledged and de-
livered to the grantee therein named and 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
cloud upon plaintiffs title that On the 23rd day
Of April 1881, defendant John Toussiant took d
mortgage from Martin Mangwich and wife on
the N. w. y Of the 8. L. i of Sec 20. Twp, IS,
Il. west Of 9Th p. NJ. which mortgage IS re-
corded In Book on page 6Sl of the mortgage
records OF Delaware County. Iowa. and plaintiff
claims that said mortgage was paid In full TO said
John TOussiant, but failed to satisfy and canoe
the sams on the records Of said county. and the
same appears as an existing lien and cloud up
on plaintiffs title to said premises: that Oh the
| 25th day Of June 1888. the defendant Peter Roth
took an assignment Of mortgage from Nicholas
Ganser and wife to Sebasten Jaeger, said as
Signment being recorded In Book on page 36l
Ing mortgage on the N. E. Il OF the S. E. !. of
Sec 20, Twp: IS, Range 8 west Of 9th z. Nj. and
plaintiff claims that said mortgage has been
paid In full but the same has not been satisfied
| and cancelled Of record and the same appears
as lien and cloud upon plaintiff' g title 10 said
premises. That the defendants and those
claiming through them derived whatever Ia.
terest they may have in the above described
Set Sr reason Of the herein
And that any apparent interest or claim of
title Of plaintiff and barred by the statute Of
| limitations.
And plaiDtiif prays that his title in said
premises , BE- quieted In him. against the adyer
persons claiming through them, and that they
and each Of them be barred and .estopped from
hayingDr claiming any title or interest In said
Clerk of said Court be directed to cancel and
release said mortgages referred to above. on
the margin of the records of the same In the
and for other relief equitable In the premises;
and unless you appear thereto and defend be:
said court which will be held at Manchester In
said County, and commence on the 10th day OF
| October, 1906, default will be- entered against
YOU and Judgement and decree rendered there
| on.
INV, MALyIN,
| ATTORNEY Of Plaintiff