Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-05
ORIGINAL NOTICE.

ORIGINAL NOTICE.
To Curtis Denbow; to unknown heirs
of Curtis Denbow: the unknown heirs
of William Denbow: Leonora Denhls'
Mrs. Emery Denbow, and unknown
heirs of emery Denbow, deceased
Mary P. Denbow, Lura Nye, MRS.
sylvester Denbow, Flossie l. Denoow,
Harvey Denbow: unknown heirs Oh
William Denbow, deceased; Eliza
Ballard, w. w. Ballard, Ray Ballard,
ella Brownlee, Diana Carver, Katie
Carver, Albert Stubbs. Maurice
Stubbs 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 helrs
of Phillip Ballard, deceased; syl-
{ vanus Denbow, Mrs Lillian Hockett'
You and each of you are hereby no.
tilted there is now filed in the Office
of the clerk of the district court OF the
state of Iowa in and for Marshaii
county, the petition of j. B. Merrill ana
T.. b. Merrill. claiming Of you the above
named heirs of Solomon DenboW, ana
also of his unknown heirs, and OF al
defendants, the quoting OF the TUE OF
the following described real properly
located in Marshall county, Iowa, III
said plaintiffs. The description Thereon
is as follows: Lots number one Cd ana
six (6) Of the subdivision of the north
west quarter, of the northwest (frac-
tionaD quarter and lots number two
(2) and three CD and four a. Of the
subdivision of the northeast quarter
of the northwest (fractionaD quarter
and lots number one Cd and two CD
of the subdivision of the southeast
quarter of the northwest fractlonal)
quarter and lot number two CD of the
subdivision of the northwest quarter OF
the northeast (fractionaD quarter all In
section No. one Cd in township NO.
eigllty-four (S4) north range No. nine
teen (l9) 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 (36) in town
ship No eighty-five (S5) north and
range No. nineteen d9) 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 Z.
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
shouId be corrected as set forth in the
said petition That the land described
90
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 564 and book
9. page 345, were conveyed by William
Ballard to Phillip Ballard and the land
described in book Il, page Sos (all ref
erences being to the deed records OF
Marshall county. IoWa), We're conveyed
by William Ballard to Phillip Ballard,
Jr.. but said deeds were not recorded
nv mistake and are lost and said Phil
lip Ballard and Phillip Ballard, Jr., are
one and the same person, all as set
forth in paragraph II of the petition
q That a mistake was made in the deed
executed by William Ballard to Phillip
Ballard recorded in book 8, page 345,
and in the deed by Phillip Ballard to
Robert merrill of said property and the
true description is as given. in para
graph L. of said petition.
That a mistake was made in the de-
n.e 80 xl,I <NrNly
page 1886 from Phillip Ballard and wife
to Robert McRill and the true descrip-
ton is as given in paragraph ID of the
petition. Plaintiffs further claim as
against each and every defendant the
squieting 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. McRill'' and Robert McRill''
s to his true name Robert Morrill, That
plaintiffs. their father and grantors
have been in open. continuous ad-
Verse and notorious possession of said
lands above described for more than
4 twenty-five wears 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 as
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
Marshaltown, Iowa. on the 9Th day OF
January. A. D.. 1908, your default vii.
be entered and a decree rendered
thereon as prayed for in said petit
ton.
Dated this 4th day of Dec. 1907.
j. L. CARNEY,
Plaintiffs Attorney.