Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-19
NOTICE.

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, Flossfe L 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 J.. 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 ~ and
six CO. Of the subdivision Of the north
west quarter, Of the northwest (frac-
tional) quarter and lots number two
(2) and three (3) and four (4) Of the
subdivision Of the northeast quarter
of the northwest (fractionaD quarter
and lots number one (1) and two CD
of the subdivision Of the southeast
quarter of the northwest dractionaD
quarter and lot number two (2) Of the
subdivision Of the northwest quarter of
the northeast (fractional) quarter all in
section No.. one d) in township No.
eighty-four (84) north range No. nine
teen (19) west of the 5th 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 (19) west Of h
5th principal meridian Of Iowa, all in
Marshall county, Iowa.
That William Ballard when he ex-
ecuted the deeds recorded In book c,
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 -, page 1853.
Iced 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 h land
described in book II, page SOC Gall ref
erences being to h deed records OF
Marshall county. Iowa), 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 Phillip Ballard, Jr, are
one and the same person, all as set
forth in paragraph II Of the petition.
ma a -mlSLdk0 was AIld0O III kAC oSS0
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 IL of said petition.
That a mistake was made In the de-
scription in deed recorded in book 81.
page 1876, from Phillip Ballard and 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
quieting in plaintiffs Of the title to the
real estate h~ereinbefore described and
the correction Of their fathers name in
various to portions there
of of "R. McRill" and Robert McRilI"
to his true name Robert Merrill" That
plaintiffs, their father and grantors
have been in open, continuous adj
verse and notorious possession Of said
lands above described for more h
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 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
M~arshalltown, Iowa, On the 9Th day Of
January, A. D., 1908, your default will
be entered and a decree rendered
thereon as prayed for in said petit
ton.
Dated this 18th day Of Dec. 1907.
j. L. CARNEY,
Plaintiffs Attorney.