Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1907-10-30
Defendants.
To the above named Defendants

You and each OF you are hereby notified that
he District Court of Iowa. in aud for Delaware
county: the pstition of the plaintiff, Joseph P.
Funk, In which he alleges that he is the abso-
,uted by him for part of the purchase price
thereof, to the defendant, Fannie Adams, for
The sum OF 80 $50 co. bearing date of October LIST,
1901. Of the following described real estate In
Delaware county, Iowa, tO.wit:
The southeast quarter LAl Of the southeast
quarter Sf sec.ion ten Io the east lone one
mali Of me west IT. oneha IA 81 ne s south
the west two and one-half l2h rods thercof;l
the west one.haf = of the southwest quarter
Of southwest passftsr x q see1 ho, eefe
northwest quarter 4 of northwest quarterlAl
Of SECTION fourteen IA. lying north Of the cen,
ter of the New Wine and State Line DAD; and
the northeast quarter II Of section fifteen [i5l
lying rorth of the center of the New Wins and
State Line road. all in township 90 north. range
west of the 9TH .. m.
That he became the owner tf said premises
by purchase from the defendants. II. p. Ad-
n and Fannie =. Adams. who b'camc thu alb.
title to same through and under entries made.
and purchases from the United States OF Amer
len. as Is shown by the abstracts OF title attach
ed to said petition marked Exhibit A. and made
a part OF sad petition. and the allegations OF
plaintiffs petition filed In this action, and
the claimed or apparent in erests of
are fully stated.
That on the eth day of February. 1865. the de.
fendant, Thomas Highland, was the owner of
the prem ises hereinafter described, and on Said
di cd and twenty dollars. sold the follow ng de-
scribed premises to Henry Godfrey. to-wit:
The west ne.ha!f lA Of the southeast quar- lat;
ter e Of section ten i9l, Township ninety @
cept fur 70 acres lying in the southwest cor
ner, south Of the New Wine road and two Il
acres in the northeast corner of the northwest
quarter u of the northeast quarter al of sec
on fifteen ISL said township ninety 90l, lying
north of the New Wine road.
That said defendants, Thomas Highland and
Elizabeth Highland, his wife, on snid 7fh day of
February. 1865, executed and delivered to the
defendant. Henry Godfrey. a deed. shown by
transfer No. thirteen [lsl of said Exhibit A. In
tending thereby to convey to said Godfrey the
said premises. but by mistake of the person
who drew such deed. or by the Recorder In re-
cording same. the land SO Intended to be con-
the record Of said deed Ia Book of deeds OF
lands on page 292 in the Recorders office of
said delaware county. as being the north
said section ton. 10, instead of the west one
half. x, as was Intended by the parties to said
decd
That on the 10th day of August, 1862, the de-
Henry Godfrey. and on said day for o valuable
consideration: said Henry Godfrey sold to Ri
Tellyer the following described premises IN Del
Tho west one-haif. Z, of southeast quarter. 4,
of said section ton. TO- except the four. 4. acres
in the southwest corner thereof, lying south OF
the New Wine road. Also two. 2. acres In the
northeast conner OF the northwest quarter. n
l,sIying north Of. the New Wine road; oil IN
township ninety, 90, north, range five. In said
Delaware county.
And on said 10Th day of August, 1860. said
Henry Godfrey and his wife, Hattie Godfrey.
transfer No. o. ii Of said Exhibit x. intending
thereby to conway to said Ell Teliyer the prem
ises destrbed in this paragraph. but by mistake
Of The person who drew SAD DEED; OF one ha-
tion fifteen. 10. above described. was erroneous
" described as being and located 10 section five.
as appears from the u resrd Of SAID deco IN
Recorders office Of said iDelaware comfy.
That the defendant, Hannah Tallyer. who
was the widow of Ell Tellver tho afore-
wife. Hattie. ana Hannah " Eclsr, is or was
on the 18th day nf Sentem er, 1875. one and the
same Iersop. she. after the death Of her hus-
hana. Ell Y liver having married George
Ecker. who Joined with her In dee' to Slas f.
Tellvar as shown by transfer No. II of said Elk
hibi "A. and isnr was the same nerson who as
Hannah E,ker widow" Q, ecnted. as or m
shown mi by rsnsfer No 81 Of sid Exhibit !.
That in Sarah A. Temple who. as one Of the
Rahert " Sharp the deed SHOWN by transfer
No. % of said Exhibit A. was tho Wife Of her
70 grantor at the date said deed was executed,
to-wit, February IL. 1869
That Horatio p Adams the grantee In the
deed made bv Jas. l.. Noble to him on June 9
| 1896 shown BY transfer No 4 of said exhibit A.
o him BY Roscoe Cooley and wife. shown Nv
transfer No. 10 of sid Exhibit A. and II. p.
| Adams one of the grantees In the deed mad by
q Of sa ti' Exhibit A. and tic H. X ADAMS Who
as grantor. executed the deed TO Fannie $ Al.
ans, shown by transfer No. % of said Exhibit
1 A Is one AID the same person.
| That the wife of said II P. Adams on tho list
| day of .Inne. 1883. shown by transfer No % o.
said Exhibit A. was then and is now Fannie S
ADAMS. ana Is TIE same Fannie S: Adams t.
January 10. 1906, shown by transfer No. % OF
said Exhibit A
| That the MORTGAGE executed by Henry God
frey to Luth.r II. Adams. on January l. 1867
! and recorded In Book G of 3ortgages. on page
CA, in the Recorders office Of said Delaware
county, as shown by transfer No. 30 of saii EX
| 1863 by said Luther II. Ad' ms assigned TO w
y Stewart as shown by transfer No 81 of said
| Evhibit A, has been fully paid and should be
Cancelled ard satisfied ofracord.
| That the mortgage executed by Thomas High
land and Elizabeth. his wife. to W. II Stewart
on the 9th day of December. 1871, and which
| page 800 In the Recorders Office OF said Della.
| ware county. as shown By transfer No s2 of sa d
Exhibit has been fully paid and shonld be
cancelled and satisfied of record.
That Thomas w. FrentrPss. one of the gran.
| tees in the deed made by Joseph IL. Belknap.
shown b, transfer No. Of said Exhibit A. and
i. w. tTeULTeSS HTantP6 IN Cne uebu maze IN
him by Emsley :'Frentress; shown by transfer
| No 10 OF said Exhibit A. and the r. W. Fren
| tress who, with his then wife. Martha, executed
the conveyance shown at transfer No IL of said
Exhibit A. Is one and the same person.
| That the plat tin has made. or caused to be
made dillfgent search and inquiry and has not
been able 10 learn the place OF residence Of the
land. Henry Godfrey. Mrs. flenry Godfrey. Han.
nah Tellyer. Hannah NJ. Iellyer. Mrs. Oliver
Temple, Silas L. Tellyer. Mrs: Silas &C. Tellyer.
~ N
either of them. or the place OF residence of the
legal representatives OF any of them; that II
there are any heirs; legatees. devlsees. assigns
nr legal representatives of either of said de
PENDANTS. having any claim. title or interest In
and to the real estate described 10 the first pa
agraph Of said p tition. or of any part or parcel
claimants made parties to This action. and
neither the name or residence of any Of them
Is known to the plaintiff.
That the omission and apparent defects In
plaintiffs title, designated and pointer out In
paragraphs to ls inclusive of said petition, are
clouds upon plaintiffs title to the premises de.
scribed In the first paragraph of same, or part
or parts of said promises.
That plaintiff ia unable to describe the defend
ants In this action, or any of them more fully or
definitely than Is herein stated, or to more par
\ tlcuiarly describe the unknown claimants to the
real estate. or any part thereof, described In
the e. first paragraph Of sad petition,
claimants and defendants in and to the premi-
SEES described In the first paragraph Of this petit
ton, or of any part or parcel thereof. has de-
yoivpd upon them and Is derived by them as
grantees. surviving spouses, heirs at law, iega-
tees devisees. or legal representatives of somr
one or more Of tho named defendants or other
claimants OF parts or all of said premises.
That the plaintiff and those under whom he
claims title to all Of the real estate described In
the caption of this notice. have been for more
than ten years last past In the actual. undis
tnIbed. open. adverse. exclusive. visible hostile,
COZ tnued and notorious possession of same,
and OF every part and parcel thereof. under col
or Of title and claim of right. and the defend
ants. and each of them, their heirs: assigns. de:
vlsees, legatees. legal representatives, and all
persons claiming by, through Or urdar them,
and al unknown claimants of said real estate
nr Of any part or parcel thereof, are thereby
estoupsd from having or claiming any right, title
or interest thert In adverse to the pl.intitf.
ora more particular statement Of the claims
made by plaintin herein, you are referred to
said petition In which. among other things. he
prays for decree quieting his title to all Of the
real estate described In the caption hereof On.
cept The aforesaid mortgage to Fanny Adam0