Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1906-08-01

III tne Dlstrlct Court OF Iowa, In and for Della
ware County.
Peter Higgins. Plaintiff.
VS..
Inc unknown owners Of or claimants % the
North Halt OF the Southeast Quarter of Section
~. and the Northwest Quarter Of the Southwest
Quarter of Section %, Township So North of
Range west Of 9th. p. m. in Delaware County.
worthy. President" Oiiver Loomis, Pe.er Roth,
Henry Graw, and John Toussiant. defendants
Also the unknown heirs, legattees, dsyisees.
xbove named defendants, and all persons
Claiming through and under them.
To SAID DFFENDANTs:
You are hereby notified that there is now on
tle In the office of the Clerk OF the district court
OF said Delaware County. Iowa, the petition of
tile absolute owner in fee simple Of the North
one halt Of the Southeast quarter Of section 49,
and the Northwest quarter of the Southwest
Of Range west OF 9th. p. IN. In Delaware County
Iowa and that he and his grantors through
whom he claims title have been In opsn. motor
under color OF title and claim Of right for more
than thirty years last past: that on the first day
OF November 1864. defendant Margaret Dockler
recorded In Book on page sc of the records of
deeds Of Delaware County. Iowa. the N W. i
Of the S. W. X OF Sec. %. and the n. f. Il of the
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 about the
neglected to record his said deed AMI the
same Is now lost and destroyed and Its never
naHnT neen recorded eco casts cloud on plaintiffs
chased. by deed from Leonard Horr, the North
half Q! tile Southeast quarter of Sec. g. Twp.
SO. K. west of OH p. m. and the said deed is
corded In Book Fl. on page 800 of the records OF
deeds Of Delaware County. Iowa: and the said
Lucius b Langworthy and wife. by deed, dated
n Nav dad tV.Ip ,,,I,
page 255 Of the records of said county. conveyed
said premises. In his individualcapacity, to Ward
= Massey. and plalntiff claims that the said Luz
cius ii. LangwOrthy was the real and beneficial
owner OF said premises and that no company
partnership. corporation or society had any In
!srest IN said property at the tims of said sale:
Henry Grau purchased from Oliver LOOMS and
wife, the n. ". q the $. F.. Il Of Sec &c. Twp.
s.. +. west of 9th p. NJ, by deed recorded Ia
County. Iowa; and the said Henry Grau andw.fc
conveyed all their interest In said property to
Chas Wolf by q certain deed dated The s.th day
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
cloud e Hal e rs
Of April 1881, defendant John Toussant took a
mortgage from Martin Mangwich and wife on
the N. w. Y Of the s. f.. Il of Sec. %, Twp, So,
corded In Book U on page ts4 OF the il ortgage
records Of Delaware County, Iowa. and plaintir
claims that said mortgage was paid In full to said
John Toussant. but he failed to satisfy and canoe
the sans 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 1883. the defendant Peter Roth
TOOK an assignment Of q mortgage from Nicholas
Ganser and wife to Sebasten Jaeger. said as
slgnment being recorded In Book on page 36l
OF the records Of said Delaware County, and be.
Ing mortgage on the N. E. i OF the S. Z. Il Of
plaintiff Claims tat ssd mortgase has b s
paid in full but the same has not been satisfied
and cancel ed Of record and the same appears
as lien and cloud upon plaintiff 8 title TO said
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.
premises be quieted IN him, against the adverse
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
premises adverse to piaintlr's, and that the
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-
lore noon of the second day Of the next term Of
said court which will DO 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
J.W. MALvIN,
Attnrnay of PLAINTIFF