Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1907-11-13
Defendants.

.nereo1, 10 Inc ueIenuant, fanme Adans, LOT
1901. of the following described real estate In |
Delaware county, Iowa. to.wit:
The art,r Of the
half [lsl of the west one.half [lal of the south
east quarter Ia of section ten li0l, texcept
the west two and ons-half !2h rods thereof;1
l4l OF southwest quarter IA of section eleven
III: all that part of the west one half u Of
northwest quarter Y of northwest quarter ~
ter of the New Wine and State Line road: aud
also all that part OF the north one.half l'al of
the northeast quarter Of section lf5een ti5l
State Line road, all in township 80 north, range
g west of the 9th p. IN.
That he became the owner Of said premises
by: purchase from the defendants, H. P. Adj
ans and Fannie 8. Adams, who became tho alb.
solute owners thereof by persons who derived
title TO same through and under entries made.
lea. as is shown by the abstracts OF title attach
ed to said petition marked Exhibit A. and made
Il part Of sad petition, and the allegations OF
plaintiffs petition flied In this action, and
wherein the claimed or apparent interests of
defendants are fully stated.
That on the 9TH day of February. 1866 the de.
PENDANT, Thomas Highland. was the owner of
the promises hereinafter described, and on said
day he. in consideration of the sum Of four hun
dred and twenty dollars. sold the follow ng de-
scribed premises to Henry Godfrey. to-wit:
The west one half III Of the southeast quar-;
ter II of section ten. iOl. township ninety lool
north, range five [5l west of the fifth p m: lex
fSee New WV osd ana
acres in the northeast corner of the northwest
quarter 4 of the northeast quarter II Of sec
ton fifteen isl, said township ninety 1901 lying
north of the New Wine road.
That said defendants, Thomas Highland and
Elizabeth Highland, his wife, on said 9TH day OF
February: 1866. executed and delivered y 10 me
transfer No. thirteen (ls] of said Exhibit A, in.
tending thereby to convey to said Godfrey the
said premises, but by mistake of the person
who drew yuch deed. or by the Recorder In re-
cording same. the land SO Intended to be con
veyed Is enormously described, as appears from
the record of said deed 10 Book OF deeds OF OF
said Delaware county. as being the north
onc-half [kl of said southeast quarter II of
said section ten. TO- instead of the west one,
half, Y, as was Intended by the parties to said
deed.
That on the 10th day of August, 1869. the de,
PENDANT. Hattie Godfrey. was the wife OF SAID
Henry Godfrey. and on said day for n valuable
consideration. said Henry Godfrey sold to ISL
Tellyer the following described premises In Del
aware county, Iowa, towlt:
of said section ten, 10; except the four. 4 acres
IN the southwest corner thereof, lying south Of
the New Wine road. Also two. 2. acres 10 the
northeast corner OF the northwest quarter, u,
Of the northeast quarter a, 81 section hfae s,
toWnsip ninety 90 north TAPES y s1 IN SAD
ust. 1860, said Henry Godfrey anshhis wife. Hat
tie Godfrey executed and delivered tho deed,
shown by transfer M. II Of said Exhibit A. In
tending thereby to convey 10 said Eli Tellyert the
premises described in this paragraph. but by mis-
lake of the person who drew said deed. or the Re
corder in recording same the two acres In sec
tion fifteen, l5, above described. was erroneous
ly described as being and located In section five
5. as appears from the record OF SAID deed ~
Book 16, on Rage 81 of Deeds of Lands. In the
Recorders office Of said Delaware county.
That the defendant. Hannah Tellycr. who
was the widow of Ell Tellyer the afore
said grantee OF Henry Godfrey and hi.
on the 10th day OF September, 1875. one and the
same person, she. after the death OF her hus
band Ell Tellyer. having married George A
Tellyer, as shown by transfer No. II Of said Ex
| hbii.A. and is or was the same person who. us
Hannah M. Ecker. widow executed. as gran
shown by transfer Nc. 20 Of said Exhibit a.
That the Sarah A. Temple Who as one OF The
| grantors. with Oliver p. Temple. executed t.
No. 20 of said Exhibit A, was the wife of hel
co grantor at the date said deed was executed
to-w1t, February II, 1869.
That Horatio p Adams. the grantee In the
deed made by Jas. l.. Noble to him on June 2
| 1866. shown by transfer No. 4 of said exhibit A
and b. ?. Adams, grantee In t he deed mad.
transfer No. 10 Of ssid Exhibit A. and II. p
| Adams one of the grantees in the deed made by
joseph Sharp and wife, shown by transfer No
Of sad Exhibit A. and the r Adams w
ans, shown by transfer No. % of said Exhbi
J A. is one and the same person.
day Of June. 1889, shown by transfer No. q O
| said Exhibit A, was then and is now Fannie S
| Adams. and is the same Fannie S. Adams t.
whom her said husband executed the deed OF
| January 10. 1906, shown by transfer No. 2S O
| said Exhibit A.
| That the mortgage executed by Henry God
frey to Luther H. Adams. on January l, 1867
| and recorded In Book 6 of Mortgages, on pagt
| o., in the Recorders office of said Delawar,
county, as shown by transfer No. 30 of said En-
hibit a. and which was. on the sth day Of April
X. Stewart as shown by transfer No. 81 Of sal,
Exhibit A, has been fully paid and should b.
Cancelled and satisfied ofrecord. -,
land and Elizabeth. his wife, to W. r Stewar!
on the Sth day of December. 1871, and whicl
appears of record in Book ! of Mortgages, o.
ware county, as shown by transfer No. 32 Of sal
Exhibit A has been fully paid and shonld b
Cancelled and satisfied of record.
| That Thomas W. FrentreSs, one OF the graz
tees in the deed made by Joseph H.. Belknal
shown by transfer No. 0 of said Exhibit A. an
L. W. Frentress grantee in the deed made t
No. 10 Of said Exhibit A. and the I. w. Frer
, tress who, with his then wife. Martha. execute
the conveyance shown at transfer No. IL Of sal
That the plaintlff has made. or caused to b
J made. dilligent search and inquiry and has nj
J been able TO learn the place OF residence Of th
ueleDQaUtS 1llOHlhS hlHHlhIlu, l1llLhUbtl I1lRl
land Henry Godfrey. Mrs. Henry Godfrey. Hal
Temple, silas E. Tellyer. MIS-: silas 6; Tellye
81 sm Ms E see Of + resdenee
legal representatives OF any Of them; that
there are any heirs, legatees. devisees. assign
or legal REPRESENTATIVES of ether Of said di
and to the real estate described In the first pa
agraph of said petition. or of any, part or pare
thereof, they are the unknown defendants an
| nIo o,fc nnad In nnr IN n
neither the name or residence OF any of thel
is known to the plaintiff.
That the omission and apparent defects
plaintiffs title. designated and pointed out
paragraphs to 1s inclusive Of said petition, al
clouds upon plaintiffs title to the premises d.
scribed In the first paragraph OF same, or pa
, or parts of said premises.
That plaintiff lie unable to describe the defen'
ants in this action. or any of them more fully
definitely than Is herein stated, OF to more pa
tcuiarly describe the unknown claimants to tn
real estate. or any part thereof. described
the first paragraph of SAID petition,
Tha. the apparent interests Of the unknow
claimants and defendants in and to tho prem
ses described in the FIRST paragraph OF this pet
ton, or of any part or parcel thereof. has d.
volved upon them and Is derived by them q
grantees, surviving spouses. heirs Mt law, leg
tees. devisees. or legal representatives of som
one or more Of the named defendants or otht
claimants Of parts or all of said promises.
That the plaintiff and those lnd whom b
claims title to ali of the real estate described |
the caption Of this notice, have been for MOI
than ten years last past In the actual, uTdl
turbed. open. adverse. exclusive. visible hostile
cor tinued and notorious possession of SAM
and of every part and parcel thereof. under co
or Of title and ic'aim OF right, and the defen'
ants and each of them, their heirs. assigns. d
visees. legatees. legal representatives. and a
persons claiming by. through Or under then
and all unknown claimants of said real Sestat
or of any part or parcel thereof. are theret
estopped from having or claiming any right. lit
or interest therein adverse to the plaintiff.
For more particular statement of the claim
made by plaintiff herein, you are referred
said petition in which. among othor things, i
prays for decree guieting his title to all of tn
real estate described In the caption hereof. o.
cept the aforesaid mortgage to Fanny Adam