Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-12-01
ORIGINAL NOTICE.

10 the uaknown claimants Of Lot
Number Two (2) in block Number
-Four 90 in the Town Of Narshall-
town, In the County Of Marshall,
Steto q Iowa.
Leroy Spencer, the unknown heirs.
spouse and assigns Of said Leroy
Spencer, sane and insane, minors and
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 and 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 ofAeach of said heirs
and assigns, sane and insane. minors
and adults. Timothy Brown, wild
over; John II. Palmer and his un-
known spouse; George Puntney and
his wife. Mary Puntney: Alice Pal
mer and unknown spouse; Maude
Palmer. minor and unknown spouse:
Fae Palmer, minor and unknown
spouse; Lucille Palmer, minor and
unknown spouse; Kate Palmer. minor
End unknown spouse. Defendants.
Tou and each Of you are hereby noti-
fed that there is now on file in the Of
flee Of the Clerk OF the District Court
Of the State Of Iowa in and for Mar
shall County. the verified petition Of
Andrew j. Chorn, claiming Of you
judgment establishing the plaintiffs es-
tate in the following described real
estate. toNit: Lot Number Two (2) in
Block Number Four (D 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 the
premises adverse to the plaintiff.
Such Petition alleging that plaintiff
Is the owner in fee simple of said
premises
That on July %. 1885. one Greenleaf
NJ. Woodbury. owned tract of land in
GLIDING said lot and plated the same
into lots and blocks as the town OF
Marsha lltown. and in August. 1856.
conveyed by deed said lot Number Two
co to defendant Leroy Spencer and
said Spencer on May 9. 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 .. 1850. said Temper
ance A. Ewing and he~ husband. Peter
Ewing. undertook to convey said lot to
John Utz by deed recorded in Book
"N." page 40 of Deed Records of Mar
shall County. Iowa. and Temperance A.
Ewing signing her name as Temper
ance Ewing instead OF Temperance A.
Ewing. said deed also by mistake did
not contain adequate and apt words Of
conveyance.
That On Jan. 1s, 1864 said John
Ctz conveyed said lot to said Sarah
Chorn and on Nov. %, 1870, one
Charles Brenneck obtained a tax deed
of said lot and on Jan. 2. 1872. said
Brenneck conveyed said lot to defend
ant Timothy brown and said Brown af-
forwards during the lifetime Of said
Sarah Chorn Gdate not known) exc
cuted deed Of said lot to said Sarah
Chorn which deed was lost and not re-
corded.
That on Oct. 10. 1903, said Sarah
Choriss then = widow, died owning satd
lot leaving as her only heirs at law this
plaintiff, Defendants George Puntney.
John r. Palmer. Alice Palmer Of full
age and Naude Palmer. Fac Palmer,
Lucille Pajee-- and Kate Palmer. min
ors. ).
TIM 1t on JulS. 1906. said George
Pr-F.ntney. one ohe heirs Of said
Sarah Chorn. deeed, commenced suit
IN partition to rtition said lot among
s@Ia
said lot was ered sold by referee
and vas soito this plaintiff Jan. 10.
1907, BY refee and such sale and
D. 1afntirhns become the owner in fee
simple u said lot.
And that by reason Of the mistakes
and defects Of conveyance as above set
forth In said deeds and by reason OF the
loss o. 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
grantors Intended to convey title in fee
simple Of said premises and plaintiff and
his Srautors have for thirty years last
past been in peaceable. open, notorious,
uninterrupted, 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, right or title to
said premises.
That all the unknown defendants
claim 10 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
deSense thereto at or before noon Of the
second day Of the next January term
of saSd court to be begun and held at
Masslalltown, Iowa, on the End day Of
January, A. D., 1911, your default will
be entered and Judgment and decree
rendered thereon as prayed for in said
petit36n.
Dssed this 3oth day of November. A
d., 1910.
ANDREW ]. cHoRN.
b Plaintiff.
BY B. L. BURR1TT.
EaSs Affnrnav