Audubon County journal. (Exira, Iowa) 1884-1993, 1906-11-29
ORIGINAL NOTICE.

John Mertes, plaintiff, vs.. Joseph Warren
and w innas his wife given meme
George $. Fipef and 1 Piper, u IBIS wife,
known. Aud all of the unknown heirs of
Joseph, Warren and - Warren, his
wife " i =; j James WaSre Ban and Warren,
his wife: And Andrew Piper and -
Piper, his wife. And all of the unknown
heirs Of Charles Williams, deceased, and
az az of the unknown ok claimants Of lots five
an Ex six h blosk seventeen o. T,w a
To the above named defendants:
You, and each of you, are hereby noti-
fled that there is now on file in the Office
Mertes, the plaintiff in the above entitled
action, alleging that he is the absolute
corporated town of Extra, County of Au-
dubon, and State of Iowa.
That on or about August 25th, 1856, Frank
Hobbs and wife conveyed the above des-
cribed premises to the defendant Joseph
Warren, by. warranty deed, and that there
Warren and - Warren, his wife, or any
one for them, ever reconveyed the same.
That on or about March 14th, 1868, the
above described premises were conveyed
by III. Il. Warren and wife to the defend
ant James Warren, by quit claim deed,
sha Is no seord that
his wife or any one for them, ever convey.
ed their interest, if any, in the said
property.
That on or about September 18th, 1871,
the above described premises were con.
Yeyed by Lyman Bush and wife to George
S. Piper and Andrew Piper, by warranty
deed, and that there is no record showing
that the. said premises were ever re-
conveyed iyss by the said sal defendants Geqrge
an Piper lPsT and thfy
any one for them.
That the plaintiff is unable, to learn
and - Warren, his wife. James Warren
and -, Warren, his, wife. George S.
Piper and and Piper, his wife, Andrew
or not, but that he AYERS that if they are,
they are non-residents of this state, and
that if there are any heirs of the aforesaid
defendants living. their names and places
| of residence are to this plaintiff unknown,
although he has sought diligently to
learn the same.
The plaintiff further alleges in his petit
| ton that he, and those under whom he
claims title, have been in actual, visible,
open, distinct, notorious, continuous,
| hostile, adverse possession of the above
described premises, commencing under
claim of ownership and color of title,
That on or about out the Ii rs 18th day s0 Of July,
1884, a mortgage. was executed by John
Harrison and wife. to. Charles Williams.
premises, that the mortgage, Charles
Williams died before the said mortgage
was discharged. but that the plaintiff
gage has SINCE been paid, discharged and
satisfied to the proper parties, that the
plaintiff believes and is credibly informed
unknown. of the said Charles Williams,
deceased. who have not executed releases
of the said mortgage. That the names
| TO the plaintiff unknown, and that he has
diligently sought to learn the same
| That the aforesaid deeds and mortgage
created cloud upon the plaintiffs title 10
the said premises.
That the plaintiff. is credibly informed
and believes that the defendants herein
make some claim adverse to that of the
plaintiff to the said premises, but that the
plaintiff alleges that the claims of all
| said defendants are unfounded and are
not valid in law or in equity.
And praying that his title and estate be
established against the adverse claims OF
the defendants herein, and that the said
defendants and all persons Claiming bV
or through them, be barred and forever
estopped from having or claiming any
\ right or title adverse to the plaintiff in
thereto be quieted in the plaintiff, and the
cloud on his title thereto removed.
And that unless you appear thereto and
defend before noon of the second day o1
the next term of the said court, common
cling at Audubon: said county and state
on the 18th day of December, 1906, defaul,
will be entered against you and decree
Dated at Extra, Iowa, this I'D day OF
4 October, 1906
Il. NJ. RASMUSSEN,
Attorney for Plaintiff.
Upon reading aud consideration of the
petition in the above entitled action, the
| Court directs and approves the foregoing
origina! notice, collected therefrom, this
oath day of October, 1906,
Aud it is hereby ordered that said notice
be published for six consecutive weeks in
the Audubon County Journal, newspaper
published at Extra, Iowa.
n29 A. b. THORNELL,
Judge 18th Judicial District of Iowa