Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1907-02-13

In the District Court of Iowa In and for De o.
ware County. March Term. 1907, 49,
Melvin W Batterton and Charles r Ratterton,
Plaintiffs. ttfF
vs. sEtAi1e.
The Unknown Claimants to the NV 4 of.N "
4 Of Sec ls;. the L y Of the n E y. and the N
En- the IL \ and the a oftheS W x
Range 4 West Of 9Th p NJ, james VAUGHN,
~ Vaughn his wife: John J Davis and son,
John J. Davis, E Davis, John Waters, John
Prestly, Elizabeth I Crabb. - Crabb her
husband. Edna l. Beach. Angeline + Beach.
Clartssa N Beach. and the unknown spouses,
deylsees, heirs at law. assigns. grantees and
claimants. under each or any Of the above
named defendants or to any portion of said
realty. Defendants.
To the above defendants.
You and each of you are hereby notified that
there is now on file IN the office Of the Clerk Of
the District Court of Iowa In and for Delaware
County. the petition In equity Of Melvin W Bat
claiming that they are the absolute and un.
West quarter 60 Of the North West quarter
Ab Of Sec,9p Thirteen ga the Eas, half
East quarter rte ~ q the South East quarter
quarter "a Of the North East auarter XXI OF
" 1901 North, Range -Four I4l West Of the Fifth
dant. was q date December %, 1855, when he
- d,
unmarried. and that = Vaughn his wife. de.
PENDANT, is barred of any right Of dover in said
q copartnershlp composed Of the defendants
John Davis and E @ Davis. at one time owning
an undivided one.half interest and title In last
Wis solely acquiring such title and interest fall.
ed and neglected 60 pay the taxes on said lands
for the years 1868, 1868 and 1859. and the same
were sold and tax deeds duly acq1 aired therefor
in A D 1869, 1871 and 1873. and possession taken
and adversely held continuously since said dates
under said deeds by plaintiffs and their prede-
Of IL s sp sad ant
defendant John Waters is the same person as
John Waters. defendant, who with the defen-
dans Joseph Brunskill by deed filed February
ords OF Delaware county, Iowa, conveyed an un-
divided one-half Of said last above described
realty to pred ecessOr in title under whom plain
lifts herein predicate their rights and titles that
said grantors in said last described deed took a
mortgage on said lands October 9. 1871. from
their said grantee. which they filed for record
Mortgage Records Of Land Of Delaware County,
Iowa: that said indebtedness thereby secured
matured October 2, 1872. and was paid but not
statute of limitations; that D Graves. defendant
acquired tax sale deeds to said above described
lands for the unpaid taxes of the year A D 1868
October %. 1878, under which these plalntirs
claim and they aver that said D Graves Is the
same person as said grantor Day'd Greaves that
thereafter the same lands were sold for subse.
quent taxes and title and possession hereunder
acquired bythese plaintiffs whereby the said d
Graves was barred Of all title and rights to said
lands under his tax deeds; that I j frlestly. de.
PENDANT who In A D 1891 by an asst anment acQuir.
ed an interest in a mortgage recOrdedin Book T.
page %, OF the Mortgage Records Of Land of Della.
in action brought. and further the said mort.
gage Is barred BY the statute Of limitations;
her deed Of that date was Invested Of all right
and title to an interest in the n u of s r X Of
said Section IA of said lands; that EdnaL Beach
dants who. were minor defendants in sui,
brought In Circuit Court Of Delaware County
Iowa, at the April Term. d 1885. were In fact
served with the original notice in said suit. al
though proof thereof ls not apparent OF record
and they are now barred under the statute Of
Limitations and Of right from Claiming any title
or interest in the Easth ofSWA oiN e Y. o.
the title Of plaintirs and their rights as para
70 each and al Of any
In, reference Is hereby ma to the petit 1oiI now
on flo in this said action. That the places Of
residence of all the defendants herein are un
theiI grantors and predecessors In little have
been for more than ten years last past and now
are In the actual, undisputed. unequivocal open
aa'oioos oAStooiNo risiplos Coutiiuou huu uUlOT
ious possession of all said realty. under claim Of
right and color Of ttle and by virtue of the fact.
recIted and abstract of title filed with said pc
tition. have obtained title by prescription t.
all Of said realty, as also title In fee simple
| thereto, and they pray that the unknown claim.
ants and any and all persons named Us defer
dants or claiming or appearing to have SOME
right under or through any Of said defendant.
| In and to any Of the realty above described. bt
forever barred and estopped from asserting or
maintaining any right, title or interest adverse
| to the plaintiffs in and to any portion OF sale
realty, and the title and right OF possession
| thereto be quieted In them and the clouds OF
their title be removed, as In said petition pray
| ed. and for such other relief as may be dsemet
| Just and equitable.
Now unless you appear thereto and defend, OF
| or before noon Of the second day of the Marcel
Term, A D 1907, OF said curt, which Will begiI
| at Manchester, in said County, on Monday Thu
| 18th day Of March, 1907, default will be EN-
tered against you and judgment and decree bl
| rendered as therein prayed.
| Dated January 81, 1907.
YoRAN. ARNoLD& YoRAN
| Attorneys for plaintiffs.
The foregoing original notice. gathered from
| the avermentS Of the petition, Is hereby an
proved and ordered published 10 the Manehes
ter Democrat, q newspaper Of general circula
ton published weekly In Delaware County
Iowa. for six successive weeks US by law pro
vided.
Dated January as 1907.
| CHARLES E. RANsIER,
AVG Judge of the Tenth Judicial District.