Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1907-11-20
In Fquity
Original Notice
Defendants.



10 the above named Defendants.
You and each Of you are hereby notified that
here Is now,on lille in the ofiire Of the Clerk OF
county. the petition of the plaintiff, Joseph r.
Funk, in which he alleges that he is the abse.
ute owner In fee, subject to mortgage exc
p Inn iTa pat o. the price
he sum OF IS $50. 90, bearing date of October LIST,
1901. of the following described real estate In
Delaware c,unty, Iowa, to.wit:
The southeast qtartertAl of the southeast
quarter IA OF section ten l10]; the east one
half thl of the west one.half * of the SOUTH
east 5s quarter lA Of section len liol Iexcepl
the west one-hslfl lsl of the southwest quarter
x Of southwest quarter IA of section eleven
III all that part of the west one half III of
of section fourteen IA, lying north of the cen
ter of the New Wine and State Line load: aud
also all that part of the north one.half t,sl of
lying north of the center of the New Wine and
State Line road, all in township 80 north. range
west of the 9Th p. m,
That he became the owner Of SAID premises
by. purchase from the defendants, H. p. Ad-
ans and Fannie s. Adams, who became thu alb.
solute owners thereof by persons who derived
om the SAFES Of Amer
lea. as is shown by the abstracts of title attach
ed to said petition marked Exhibit A. and made
a part CT sad petition. and the allegations Of
wherein the claimed or apparent interests of
defendants are fully stated.
That on the 18th day Of February, 1866. the de:
PENDANT, Thomas Highland, was the owner of
the premises hereinafter described, and on said
day he. In consideration Ct the sum of four hun
dIcd and twenty dollars, sold the follow ng de-
scribed premises to Henry Godfrey, to-wit:
Tho west one-half ~ Of the southeast quar-.
ter of section ten. l0l. township ninety 1901
north. rangexve [5l west Of the fifth p M: lex
ne south fe New Wine t rosd ana
acres In the northeast corner of the northwest
quarter Of the northeast quarter "A OF sec
ae on a he NV se Wae 4oaa s lying
That said defendants, Thomas Highland and
Elizabeth Highland, his wife, on said nth day Of
Esbrna and daag to the
transfer No. thirteen [lsl of said Exhibit A, in
tending thereby to convey to said Godfrey the
said premises. but by mistake of the person
who drew such deed, or by the Recorder in re-
cording same. the land SO Intended to be con-
yeyed Is enormously described, as appears from
the record of said deed In Book s OF deeds OF
said Delaware county. as being the north
onc.half u of said southeast quarter ~ OF
shid section ten. 10, instead of the west one
half. u, as was Intended by the parties to said
deed
That on the 10th day of August, 1869. the de.
fendapt. Hattie Godfrey, was the wife OF said
consideration, said Henry Godfrey sold to XII
Tellyer the following described premises In Del.
aware county, Iowa, to-wit:
The west one-half. x, of southeast quarter. q,
of said section ten, TO- except the four A. acres
IN the southwest corner thereof, lying south of
the New Wine road. Also two. 2, acres IN the
northeast ns hn corner OF the northwest quarter
l5. lying north of the New Wine road; oil ID
township ninety, 90. north. range five in said
ust. 1869, said Henry Godfrey and his wife. Hat
tie Godfrey, executed and delivered the deed,
shown by transfer Na.i4 of said Exhibit A. In
tending thereby to convey TO said Ell Teilyer the
lake of the person who drew said deed or the Re.
corder in recording same the two acres in sec
lion niteen; 10. above described, was erroneous
3. as appears from the record of said deed In
Book 1G, on rage 81 Of Deeds of Lands, In the
Recorder's office Of said Delaware county.
was the widow OF Ell Telyer. the afore
said grantee of Henry Godfrey and HIS
wife, Hattie. and Hannah M Ecker.is or was
On the 10th day OF SeDtemser, 1879. one and the
same person. she, after the death Of her hus
band. Eli Tsllyer. having married George A
Ecker who Joined with her In deed to silas =
rellyer, as shown by transfer No. II of said Elk
hibii::A, and Is or was the same person VINO. Us
Hannah NJ. Ecker. widow" executed, as gran
tor. the deed to H. r. and Fannie $. Adams
shown by transfer No 30 of said Exhibit A.
That the Sarah A. Temple who. as one Of the
grantors. with Oliver P. Temple. executed tt
Robert W. Sharp the deed shown by transfer
No. 20 Of said Exhibit A. was the wife of hel
co grantor at the date said deed was executed
to-wlt, February II. 1869.
That Horatio P. Adams. the grantee In the
deed made BY Jas l. SSbe to him on ne
and Il. ?. Adams, grantee in he deed made
TO him by Roscoe Cooley and wife, shown b,
transfer No. 10 of said Exhibit A, and II. P
Adams one of the grantees In the deed made b!
Joseph Sharp and wife. shown by transfer No
"a OF said Exhibit A. and the H. J.. Adams who
as grautor, executed the deed to Fannie &. AID
| ANS. shown by transfer No. % OF said EXhib
/! A, is one and the same person,
That le-wife Of said II. p. Adams. on the Is
day of JHne, 1889. shown by transfer No. "a o.
said Exhibit A. was then and is now Fannie S
Adams. ana is tho same Fannie S. Adams t.
whom her said husband executed the deed OF
January 49, 1905, shown by transfer No. 2s o
| said Exhibit A.
That the mortgage executed by Henry God
frey to Luther H. Adams, on January 1, 1867
and recorded in Book G Of Mortgages. on page
county. as shown by transfer No. 80 of said En-
| hibit A. and which was on the sth day of April
1868 by said Luther II; Adams assigned to W
T. stewart as shown by transfer No. q or sale
Cancelled ard satisfied of record.
That the mortgage executed by Thomas High
land and Elizabeth. his wife. to ". Stewart
on the sth day Of December. 1871, and which
| appears of record 10 Book l Of Mortgages, OF
| page 800, In the Recorders Office of said Della
ware county. as shown by transfer No 80 Of sa't
Exhibit A has been fully paid and shonld Dt
| cancelled and satisfied of record.
| That Thomas w. Frentress, ono of the gran
| tees in the deed made by Joseph IL. Belknap
shown by transfer No. 0 Of said Exhibit A. ant
| /. W. Ffentress grantee in the deed made L
him by Emsley H.-Frentresss shown by transfer
No. 10 Of said Exhibit A. and the I. w. Fren
tress who, with his then wife. Martha, executed
Exhibit A. is one and tho same person.
That the plaintiir has made, or caused to bt
made. diligent search and inquiry and has no
been able TO learn the place OF residence of thu
defendants. Thomas Highland, Ellzabsth High
land, Henry Godfrey. Mrs. Henry Godfrey. Han
nah Tellyer. Hannah NJ Tellyer. Mrs. Olive
Temple, sllas f. .Tellyer. Mrs: sllas e: Tellyer
w. r. Stewart. Mrs. Emsey II. Frentress. o.
| either of them or the place of residence of thu
legal representatives Of any Of them; that !
or legal representatives of either of said do
PENDANTS. having any claim. title or interest Ii
and TO the real estate described In the first pa r
agraph OF said petition. or of any part or parce
| thereof. they are the unknown defendants an,
claimants made parties to this action. AM
neither the name or residence OF any of then
| Is known to the plaintiff.
| That the omission and apparent defects i
plaintiffs title. designated and pointed out II
paragraphs to IL inclusive of said petition, ar
clouds upon plaintiffs title to the premises de
scribed In the first paragraph of same, or par
or parts of said premises.
| That plaintiff is unable to describe the defend
| ants In this aclion or any OF them more fully o
| definitely than is herein stated. or to more par
| tlcuiarly describe the unknown claimants to thu
real estate. or any part thereof. described II
the first paragraph OF SAID petition,
| That the apparent Interests of the unknown
claimants and defendants in and to the premi
ses described In the first paragraph of this peti
tion, or of any part or parcel thereof. has DIS
volved upon them and Is derived by them a
grantees. surviving spouses, heirs at law. ieg;l
tees. devisees. or legal representatives. of SOM
one or more Of the named defendants or Othe
claimants OF parts or all OF sold premises.
That the plaintiff aud those under whom hi
claims title to all of the real estate described II
the caption of this notice. have been for NOR
| than ten years last past In the actual undls
turbed, open. adverse. exclusive. visible hostile
kcor tinued and notorious possession of same
land of every part and parcel thereof. under col
or Of title and lclaim Of right. and the defend
ants, and each Of them, their heirs. assigns. de
vlsees. legatees. legal representatives. and al
persons claiming by, through or urder them
and all unknown claimants of said real estate
| or Of any part or parcel thereof. are thereb,
estopped from having or claiming any right. It'll
or interest there In adverse TO the plaintiff.
! For more particular statement of the claim
made by plaintif herein, you are referred 4
said petition In which. among other things. III
| prays for decree quetIng HIS title to all Of tn