Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-26
ORIGINAL NOTICE.
Go Be Continued.)

ORIGINAL NOTICE.
To Curtis Denbow; to unknown heirs
Of Curtis Denbow; the unknown heirs
of William Denbow; Leonora Dennis,
Mrs. Emery Denbow, and unknown
heirs Of Emery Denbow. deceased;
Mary p. Denbow, Lura Nye. Mrs.
Sylvester Denbow. F,lossie I Denbow.
Harvey Denbow; unknown heirs Of
William Denbow, deceased: Eliza
Ballard, w. w. Ballard, Ray Ballard.
Ella Brownlee, Diana Carver, Katie
Carver, Albert Stubs, Maurice
Stubs, Clarice Ballard, Hugh Bal
lard; unknown heirs Of William Bal
lard, deceased; Edward Falls, Lura
Alexander, Ward Falls; unknown
heirs of William Falls, deceased;
Mrs. Phillip Ballard; unknown heirs
Of Phillip Ballard, deceased; Syl-,
vanus Denbow, Mrs. Lillian Hockett.
You and each of you are hereby no.
titled there is now filed in the Office
Of the clerk Of the district court OF the
state of Iowa in and for Marshall
county. the petition Of ]. B. Merrill and
E. B. McRill, claiming Of you the above
named heirs Of Solomon Denbow. and
also of his unknown heirs, and OF all
defendants, the quieting Of the title OF
the following described real property
located in Marshall county, Iowa, in
said plaintiffs. The description thereof
is as follows: Lots number one "a and
six (6) Of the subdivision Of the north
west quarter, Of the northwest (frac-
tional) quarter and lots number two
(2) and three (3) and four ~ OF the
subdivision Of the northeast quarter
Of the northwest 0ractionaD quarter
and lots number one ~ and two ~
Of the subdivision Of the southeast
quarter of the northwest (fractionaD
quarter and lot number two (2) OF the
subdivision Of the northwest quarter Of
the northeast (fractional) quarter all in
section No. one ~ in township No.
eighty-four (S4) north range No. nine-
teen (19) west Of the 9Th principal
meridian Of Iowa; also lot number
two (2) Of the subdivision Of the SOUTH
east quarter Of the southwest quarter
Of section No. thirty-six $3.50 In town
ship No. eighty-fve (S5) north and
range No. nineteen (19) west Of the
5th principal meridian Of Iowa, all in
Marshall county. Iowa.
That William Ballard. when he ex-
ecuted the deeds recorded In book q.
on page 40 and also in book 20 on page
II Of the deed records Of Marshall
county, Iowa, was an unmarried man
and that the description Of the prop
erty contained In each Of said deeds
should be corrected as set forth In the
said petition. That the land described
in deed recorded in book IL, page 1853.
deed records Of said Marshall county.
Iowa, was owned by William A. Falls
and that by good and sufficient deed
he conveyed the same to Robert Nc
Rill, father Of plaintiffs, and said deed
has been lost and you the heirs OF
William A. Falls are made defendants
for that reason. That the lands de-
scribed in book T, page 5e4 and book
9, page 345, were conveyed BY William
Ballard to Phillip Ballard and the land
described in book Il, page sos Gall ref>
erences being to the deed records Of
Marshall county, 1owa), were conveyed
by William Ballard to Phillip Ballard,
Jr., but said deeds were not recorded
by mistake and are lost and said Phil
lip Ballard and Philip Ballard. Jr., are
one and the same person. all as set
forth in paragraph II Of the petition
| That q mistake was made in the deed
executed by William Ballard to Phillip
Ballard recorded in book 3. page $40,
and in the deed by Phillip Ballard to
Robert Merrill Of said property and the
true description is as given In para-
graph IL of said petition.
That a mistake was made in the de-
scription in deed recorded In book 81.
page 1875, from Phillip Ballard ana wife
to Robert merrill and the true descrip-
ton is as given in paragraph 13 OF the
petition. Plaintiffs further claim as
against each and every defendant the
ouieting in plaintiffs Of the title to the
real estate hereinbefore described and
the correction Of their fathers name in
various conveyances to portions there
| of of "R. merrill" and Robert McRilr'
to his true name Robert Merrill" That
plaintiffs, their father and grantora
have been in open, continuous ads
verse and notorious possession Of said
lands above described for more than
twenty-five years last past and any
claims any defendant herein may have
| in or to said lands are long since
barred by the statute Of limitations and
for other and further equitable re-
| lief.
No personal Judgment is asked
against any defendant and reference is
| made to said petition now filed az
aforesaid.
Now unless you appear and make
defense thereto at or before noon OF
the End day Of the next january term
of said court to be begun and held at
Marshalltown. Iowa, on the 9Th day OF
January, A. D., 1908, your default will
be entered and decree rendered
thereon as prayed for in said peti-
| ton.
Dated this 4th day Of Dec 1907.
| J. L. CARNEY,
! Plaintiffs AttorneS.