Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1910-02-02


real estate, and all defects and irreSu.
lnri;ics alleged in said petition or showt,
by the abstract Exhibit a. attached
thereto be corrected s that the title to
scribed in said petition be established
and confirmed against the adverse
claims OF the defendants and each OF
them, THEIR sponses. heirs-at-law, as
signs devisees, legatees. legal repre-
sentatives and unknown claimants: tina,
each and all of them. and all persons
claiming by. through or under them be
,a AND d, forever estopped from hav
est adverse to the plaintiff in said real
estate. or any part thereof, and that
the title to all of same eXcept MS to
he aforesaid mortGage made to said
for other relief.
food to said petition on file ms afore.
said
any of the defendants
AND that unless YOU apenar thereto
and defend on or before noon of the
,e;a, Ida, day Of the term of said Dis
he city of Manchester in said COUNTY
m the 14th day of March. 1910. defanlt
VIII be entered against You and judC-
me e ana decree rendered as prayed in
carr, Bronson & Carr.
49,, Attorneys for Plaintiff
upon reading the petition In the above
,n'lncfa cause frn and an, the foregoing notice
aid notice Is approved and II is here
" ordered that said notice be pnblisbe,,
Nfarn oh,0r ca consecutive weeks in Tho
a ,n,. -. hiI s, Dssnhocrat, weekly news
aware County said Del
r,,.,, Charles +. Ransier
Judge of the 10Th judicial District.
ORIGINAL NOTICE.
In the District Court of the State of
owa IN and for Delaware county.
March Term 1910
Helen X. McElmee. Eugene McElmeel.
Joln McElmeel. Martin j. Mciai-
meel Rosarna T. Pierce and Gerald
F. McElmeel,
The Unknown Claimants of the West
% and nd the North ' East " quart eaIs
OF the South West quarter az ).5 OF
Section Twenty Eight t2S) Township
Eighty Eight $50, North Range Five
James Graham. Alexander Wilson.
Alexander Wilson. Sir, The Unknown
Heirs of Rachel Austin. deceased. Mrs.
w. w; II T. Austin Stir. John John Wilson, John vii
lam s. Dunton, f. Tapping.
% said defendants:
You. and each of you. are hereby noti-
led that there Is now on file in the Of
lice OF the clerk of the District Court of
owa. in. and for Delaware County. the
ie,i,ion. in equity of the above named
laintiffs. alleging among other things
hut they are the absolute owners IN
zee simple of the following described
cal estate. to-wit: The West one-half
I me South West quarter, and the
Hor.h East as quarter Of the South West
Township Eighty Eight. tss5. North
-ange Five 90. West of the Fifth r. M.
That attached to said petition marked
xhibit ~, and made part thereof.
illegations of said petition show from
md through whom the plaintiffs claim
tile to the above described premises
md the books and pages where the en-,
n the public records. of said county
That It is also alleged in said petition:
That the defendants. Mrs. James Ora
am. Mrs, w II. Austin and Mrs. JOIN
ad. or could have had. any Interest ii
aid real estate, or any part thereo
kept II dover interest In said lands
II some part thereof. on account of con-
.ior to January 1st 1885. in which they
" some of them. failed to join.
.aintiffs aver in said petition tina
''hfr A sn nor Mrs john Wilson MRS
1r any one claiming by. through Oh
nder them. have ever commenced an.
iction to recover dover or other in
II any part thereof. Nor have any OF
said three last named defendants filed
ny notice OF dover or other claim
. said land or any part thereof. in til,
.ecorder's office of Delaware County.
owa. as required by section 3i47-b.
supplement Code of Iowa. and by rea-
ON of such failures said defendants il
hey ever had any interest in said reai
state. or any part thereof. are forever
AIRED from enforcing same.
That Alexander Wilson who became
he owner of the North East quarter
~. ~ OF I. the south West Quarter go Of
.orth Range Five t5) West of the Firth
NJ, under and By virtue of the Dis
riot Court decree. shown ut convey
he same person. who as Alexander Will
on. Sr. conveyed said 40 acres to
lanes Baker by. the conveyance shown
1t No g. of said Exhibit "a.
;rantee shown at conveyance No. c. Of
aid Exhibit ~. purchased from the
United States government the North
arter aaaT'sr Of Section 9f the South MeSs
eighty eight tSSl: North Range Five
ID the u patent ,herelor 70 issue in the
aid Rachel Austin died iniestate and
'ithout having conveyed said 10 acerk
4 land to anyone. and that after the
cath Of said Rachel Austin. the saio
and to Ayers Wilson. as shown by con-
eyance No. Z. OF said Exhibit a..
That John Wilson. the grantee in con-
eyance No. 5. of said Exhibit "a. was
ne same person who as John Wilson.
n. executed the conveyance shown nj
o. .. of said Exhibit "A" as grantor.
That the mortgage made to William
J; Dunton.. as shown by conveyance No.
o.. of said Exhibit a.. was paid in
Il. and that the release OF said mort
age shown at conveyance No. 23a. o
aid Exhibit ~. was intended as .
aid record release OF said mortgage
That the MORTGAGE made to z. Tap.
# said Exhibit "a. was paid in fun
nd that the release of said mortgage
pNwh "a. At conveyance No. 90 of said tx
ecord release of said mortgage.
That the defendants. Mrs. James Ora
am, ., .AleXander Wilson. Alexander vii
Nnstin, deceased. Mrs. W. II. Austir.
ohm Wilson. ST.. Mrs. John Wilson. 81
William S: Dunton and t. Tapping
ave or claim to have. some lien upoi
anne. described IN the first paragraph
ereof. but plaintiffs allege that what
yer lien or interest the said defendants
,r either OF them. may have in said
or to the plaintiffs title to same.
Tha, the mode OF devolution of the
aterests and claims of said unknown
iaimants would be us heirs at law. Wild
wv, devisees. assigns or grantee, oil
he or more of the said defendants de-
;cribed in said petition.
That the plaintiffs and those under
whom they claim title TO the real estate
iesrribed in the first paragraph of this
petition. have been for more than ten
ears last past. and the plaintiffs now
IRE in the actual. undisturbed open ad-
verse, exclusive. visible. continuous and
notorious possession of all of said real
estate. ana OF each and every part and
parcel thereof. under color OF title and
claim of right. and the defendants ant
Zach OF them. their spouses. heirs at
aw, devisees. legatees. assigns and leg
II representatives and 4ll persons claii
ing by, through or under them, or eithe,
OF them, and all Unknown Clamiant.
are thereby estopIed from having or
tanning any right. title or interest in
s ,.a, premises or any. Fart thereof. adj
verse to The plaintiffs. their heirs. as
signs, or legal representative. And
piaintitis pray In said petition that the
aforesaid irregularities and defects in
the title to the above described real
estate and all defects and irregularit-
les. alleged In said petition or shown
by the abstract Exhibit "a. attached
thereto be- corrected: that the title to
plaintiffs TO all of the real estate de-
scribed In said petition be established