Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-10-29
ORIGINAL NOTICE.

In the district court of Iowa, in and
for Marshall county, January term, A.
D., 1907.
Charles Lynch, Plaintiff, VS.. o. w.
Hammond and Mrs. 0. w. Hammond;
the unknown heirs and devisees of the
said 0. w. Hammond and wife; and all
persons, to this plaintiff unknown in
GLIDING the personal representatives Of
the said o. w. Hammond and wife,
who claim any interest by, thru or un-
der the said o. w. Hammond and wife
adverse to this plaintiff, ir and to the
North half az of the Northeast Quar-
ter (l4) of Section 35, in Township IS
North; Range Ii West of the Fifth p.
NJ. Iowa, Defendants.
TO, the above named dsfendants:-
gu and each of you are hereby noti-
fed that the petition of the plaintiff in
the above entitled action is now on file
in the office of the Clerk of the District
Court Of Marshall County, Iowa. claim
8 ing that he is the absolute and unqual-
flied owner in fee simple of the North
One-half (s) of the northeast Quarter
l1l4) of Section Thirty-five (35) in
3 Township Eghty-five north (S5),
Range Seventeen CID West of the
Fifth t5) p. NJ. Iowa. and asking that
his estate and title in and to said
described real estate be established and
Squieted in him and against the adverse
claims of all said defendants and each
of them: and that each and all of said
defendants be forever barred and es-
topped from claiming any title or in
terest in and to said described real
estate adverse TO this plaintiff, and for
such other and further relief as may be
deemed equitable in the premises.
That the interest o. the said UNI
known heirs devisees and unknown
claimants in and to said described real
estate and the manner in which it was
derived arises from the fact that upon
the first day of September 1871, the
aforesaid real estate was conveyed by
one Otto Ohm and wife to said o. w.
Hammond by warranty deed, he as
suming a certain mortgage then stand
{ ing unsatisiied against said real estate
given by the said Otto Ohm and wife.
ito VIM. H. Weatherly. That upon De-
tober 10th, 1871. Isaac S. Britton the.
assignee of said mortgage began an
action in the Circuit Court Of Marshall
County. Iowa. against Otto Ohm and
wife. Lovina Ohm, VIM. HI. Weatherly,
A. J. Cooper and @. ". Hammond, to
foreclose said aforesaid mortgage.
decree was entered therein and the said
real estate was sold Hereunder to sat
isfy said mortgage. The records Of
said proceedings as shown in Judgment
Docket No. 2. page 76; Appearance
Docket No 2. page rs; Journal No. 2,
page $50 and Files in Equity No. 229
,f Of hall
County, Iowa, shows that service Of
notice was made upon all the defend-
ants except O. w Hammond, who was
not found; and the decree in the same
record shows @. w. Hanmond's name
omitted. The interest of the aforesaid
unknown defendants is such interest as
was derived from the said o. w. Ham
mond and wife. either as grantees of
the said o. w. Hammond and wife; or
as heirs at law or devisees of O. w.
Hammond and wife, or any dover OF
homestead rights acquired thru either
of them.
And unless you appear thereto and
defend on or before noon of the second
day of the January term of 1908, of
said District Court. which will be COM
meenced and holden on the 9th day of
January, 1908, at the Court House in
Marshalltown, Iowa, default will be
entered against you and q decree rem
dered as prayed in said petition.
FRANK STANTON,
Attorney for Plaintiff
The above and foregoing notice Is
hereby approved and is ordered pub
Siished once each week for four consec-
utive weeks in the Times Republican
published at Marshailtown. Iowa
Dated this Goth day of September.
1907.
]. NJ. PARKER,
Judge of the Seventeenth Judicial Dis
trict of Iowa.