Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-12-15
ORIGINAL ~ NOTICE.

=
To the unknown claimants OF Lot
= Number Two (3) in Block Number
Four a. In the Town OF lGarshall.
town. in the County Of Narshall.
State OF Iowa.
Leroy Spencer. the unknown heirs.
spouse ana assigns Of said Leroy
Spencer. sane and insane. minors ana
adults. and the unknown spouse OF
each Of such heirs. and assigns.
Peter Ewing. Temperance A. Ewing,
and the unknown heirs, spouse and
assigns Of said Peter Ewing ana OF
said Temperance A. Ewing. and the
unknown spouse Of each Of said heirs
and assigns. sane and insane. minors
and adults.
The unknown heirs and assigns Of
Sarah Chorn, deceased, and the un.
known spouse OF each Of said heirs
and assigns. sane and insane, minors
and adults. Timothy Brown. Wild
over: John r. Palmer and his un.
known spouse: George Puntney ana
his wife. Mary Puntney; Alice Pal
mer and unknown spouse: Maude
Palmer. minor and unknown spouse:
Fac Palmer. minor ana unknown
spouse: Lucille Palmer. minor and
unknown spouse: Kate Palmer minor
and unknown spouse. Defendants.
You and each Of you are hereby mott.
Ned that there is now on file in the Of
nee Of the Clerk Of the District Court
OF the State Of Iowa in and for Mar
shall County. the verified petition Of
Andrew ]. Chorn. claiming of you
Judgment establishing the plaintiffs es-
tate in the following described real
estate. towit: Lot Number Two (2) in
Block Number -Four (4) in the Town OF
Marshalltown. in the County Of Mar
shall, State Of Iowa, and that you be
barred and forever estopped from hav-
ing or claiming any right or title to tho
premises adverse to the plaintiff.
Such petition alleging that plaintiff
is the owner in fee simple Of said
premises.
That on July %. 1858. one dreenleaf
NJ. Woodbury. owned tract Of land In.
Guiding said lot and plated the same
into lots and blocks az the town Of
and in August. 1885.
conveyed by deed said lot Number Two
(2) to defendant Leroy Spencer and
said Spencer on May .. 1856. Under
took to convey said lot to Temperance
A. Ewing by deed recorded IN Book
3D." page EOS, Of Deed Records Of Mar
shall County. Iowa. but by mistake said
lot was described as being in the town
Of Marshall instead Of Marshalltown.
The spouse OF said Spencer not sign
ing.
That on April 2. 1850. said Temper
ance A. Ewing and he- husband. Peter
Ewing. undertook to convey said lot to
John Utz by deed recorded in Book
~" page 40 Of Deed Records Of Mar
Ewing signing her name as Temper
Ewing said deed also by mistake did
conveyance.
That on Jan. 1e. 1864, said John
Utz conveyed said lot TO said Sarah
Chorn and on Nov. %. 1870. ono
Charles Brenneck obtained tax deed
of said lot and on Jan. 2. 1879, said
Brenneck conveyed said lot to defend
ant Timothy Brown and said Brown at
forwards during the lifetime of said
Sarah Chorn Idate not known) exc
cuted q deed Of said lot to said Sarah
Chorn which deed was lost and not re-
corded
That on Oct 10. 1903, said Sarah
Chorn. then q widow. died owning sa4d
lot leaving as her only heirs at law this
plaintiff, Defendants George Puntney.
John r. Palmer, Alice Palmer OF full
age and Maude Palmer. Fac Palmer.
Lucille Palmer and Kate Palmer. min
ors.
That on July s. 1906. said Gecrgs
Puntney. one Of the heirs Of said
Sarah Cho-n. deceased. commenced suit
in partition to partition said lot among
the several heirs thereto. in which case
said lot was ordered sold by referoe
and was sold to this plaintiff Jan. 10.
1907. by referee and such sale and
deed duly approved by said court. and
plaintiff thus become the owner in fec
simple Of said lot.
And that by reason Of the mistakes
and defects OF conveyance as above set
forth in said deeds and by reason Of tho
loss Of said deed from Timothy Brown
to Sarah Chorn and the defects in said
partition proceedings. judgment and
referees deed. the unknown claimants
Of said property, and the known and
unknown defendants. sane and insane.
minors and adults. claim some interest
in said lot adverse to the plaintiff.
Plaintiff alleging that all said con-
veyances were made in good faith for
valid consideration, and was by the
simple Of said premises and plaintiff and
his grantors have for thirty years last
past been in peaceable, open, notorious.
and adverse possession
Of said premises in good faith under
color OF title. and all the defendants
known and unknown are barred by the
statute OF limitations from having or
claiming any interest, r:ghtsor title to
eaid premises. ~
That all the unknown defendants
claim to own said property in fee sim
pie which they claim to have derived as
heirs and assigns Of said Leroy Spen-
Ger, Temperance A. Ewing, Peter EW-
ing and Sarah Chorn.
Now. unless you appear and make
defense thereto at or before noon Of tho
second day Of the next January term
Of said court to be begun and held at
Iowa, on the ind day Of
January. A. D.. 1911. YOU default will
be entered and Judgment and decree
rendered thereon as prayed for in said
petition.
Dated this soth day Of November. A.
D.. 1910.
ANDREW J. cHoRN.
Plaintiff