Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1908-11-04

northeast along the center of said
chains sM Vine and State Line Road 1872
along center of said York West Road
said said Yor VISA t. point in the center of
tteersects south line of Aforesaid sec
ton four "a 12.6S chains east from
fne southwest sIi corner Of said section
of said section four 4) i2,6s chains,
n 10 place ,s Of beginning, all in township
M Mest of 's t9 mo- aorth Manse five o.,
county. Iowa o and the NJ f IN nela hsirs
Devisees. Legatees and Legal Repre-.
s sem Of Elizabeth Mi,ler. late of
i Mairs county. deceased, the Unknown
telrs. Devisees, Legatees and I.eg,l
late of said county, deceased; -
ores w JENNIE O. Mec s Garr re Mia%
Senultz Mrs. Ferdinand Schultz;
Henry Farmer, Mrs. Henry Farmer !;
Defendants
To said DEFENDANTS:
you. and each of you. are HEREBY not
office of the clerk of the district cour:
Of Iowa. in and for Delaware county.
N, ne, petition h,,d, of the above named plain
they are the absolute owners in fec, fee
subject to mortgage made by them
to kittie N. and Ella +. rllis) of the
How s described cribs real estate. to-wit:
quarter CA) and the north one fourth
40 Of southeast quarter tA) of sec
ton eight ts), the north half Gs) of
south lialf ~ of southwest quarter (la)
OF section nine 90. the east five-eightlis
tssl of the southeast quarter % OF
south-east quarter of section five t5). /
OF section four. ID. township ninety 600 I
north, range five (5), west of the 5th
p M, thence north 2O.2S chains to the
ca, OF southwest quarter (A1 Of said
n 1%l line ne,. Of said southwest quarter
section four 90 S.23 chains, thence
The the ce inter Of the New Wine and state
rs Intersection with the West York road
thence south east along the center of
sad New Wine and State line road 16-
west York road thence southwest along
center of said, West York road 900
chains to a point in the center of said
south line of aforesaid section four (41
l46S chains east from the south west
corner of said section four "a. thence
four ID. 12.6s chains to place OF be-
ginning. all in township ninety (90,
north 7. range live %. west of the5tli
That attached to laid petition and
made part thereof is an abstract viii i
, na; i.,ne With the allegations of saiu
the plaintiffs claim title to the above
described premises. and the books and
s phges where the entries on said ab
records of said county.
That by a patent issued to him by
the United States. one Jacob Miller be-
south half Cd of northeast quarter
q, and md :, no north half 90 Of south
southwest quarter (A) of Section
nine 90, township ninety 900. north,
sanse if five SAID 90 psSs of the fifth 90
18th day Of August, 1858. said Jacob Mi
Sats sad tSat to his n
to the Str day Of May. 1863. said d Eii isa
beth Miller died interstate, leaving her
surviving her said husband, Jacob Miller
Jacob Miller. her only heirs at law
IDsa on or about the 18th day of May.
LIZ saa Jacob MIMI Miller Sra husband q
said Adam Miner, tand his wife Cath
a arl) son of said Elizabeth Miller. de
ceased. conveyed to said Jacob Miller.
and north half 90 Of north half az Is
oi sou. least quarter ca of said section
That on or about the 9th day of May.
1859 said Jacob Miller, Jr., and Mary.
@ ans s @fe A eonneysa e to s and
Jacob Miller, Sr., all Of their interests
in and to the. south half 90 Of the
southwest quarter 90 of said section
That on or prior to the seth day OF
August Angus. 1887. said Jacob Miller died in
eg hm in s, said Delawate COUNTY eay
Miller and Jaeob Miner, ao Sr sh Els Aa aaIH
he heirs rs, at ,I law That neither the estate
Ter. ST. have been admi mi SaesD UPON mi,n
nor letters of administration granted
therefor. t''"i'e1
That on the 9th day of August. 1887.
said Adam Miller and Catiarine. his
wife, conveyed to said Jacob Miller. Jr..
Az OF their interests in and to the north
west quarter ca of said section nine
That on the 18th day of June. 1854
one Betsey Ann Heath became the own,
er by patent from the United States of
tract of land
Beginning at the southwest corner of
section sector ., four 50, township ninety 600.
thence north 20.2S chains to the north
west corner of southwest quarter of the
southwest ss,,d NI quarter 90 of said section
or said southwest quarter of southwest
ghaine , SA) Of section four "a s.2s
and State Line Road 1862 chains north
west from its intersection with the West
center Of 5h Sa ,n along the
Road, 1852 chains to its intersection n
wit, with said West York Road, thence
s %,ast vest, along on center of said York
center of said York West Road. Where
same sans intersects south line of aforesaid
sec four tD 12.6s chains east from
az, thence west along south line OF
sc a.,n four "a. ls6s chains to place
North, Range five (5), west of the 9Th
AZ, in Delaware County, Iowa.
II That said Betsey Ann, Heath and uri.
to j. T. and T. j. James, Who h, duly s''t eon.
tx eyed ga same to George L. Carr. that af-.
saia George Carr and sr s 1873
conveyed said premises to l.. S. Carr,
WHO, as Lewis S. Carr. am unmarried
nna tSat sad Mav to cons Mary Cart
day Of September. 1881. she then being
single woman. conveyed same - said
Jacob Miller Jr.
tate on OF, about the 7th day of January,
lHgo5 .,, leaving ;, him surviving his widow.
plaintiffs herein, and Mary Il. Miller
a a9we, his only heirs;at-laW. That his
County, and was. by said Court on on the
END day of December. 1906. adjudged
settled.
Jne 1893 Said aH %ary TIE Miller MI day KoW as
and her husband conveyed their inter
est in all of the premises hereinbefore
tiffs.
That on or Or about the eth day of No.
yember, 1903. one Carl Peters AMI
Sophia. his wife. executed and deliv-
cred to the defendant, Jennie McCarren
mortgage on the northeast quarter
*, sAl Of the southeast quarter 90 Of
ton five 60 and plaintiffs aver that
neither said Carl Peters nor Sophia, his
vile, had at the time they executed said
mortgage. nor have, they or either OF
them IN, en-. since then had any right. title or
thereof. and that said mortgage is a
cloud upon plaintiffs title.
That on or about the 5th day of Sep
TENDER. 1881. said jacob Miller, Jr., and
Mary A.. his wife, executed to Mary
Carr mortgage on the premises pur-
chased of her by said Jacob Miller as
aforesaid. which mortgage appears II
record in Book V of mortgages on Page
POS. in the Recorders office of said Del
aware q. " &C county ,It that afterwards said
Mary Carr to the defendant, VIM vorce.
to whom said Jacob Miller paid the full
thnrann nd nntr m