Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-29

| y. VI.
Judge Seventeenth judicial District OF
| Iowa.
ORIGINAL NOTICE.
| To Rachel Huntsinger and Isaac Hunt
| singer. and the unknown claimants
| of the northeast quarter (neA) Of
| the southeast quarter (seA) OF Sec
| ton Two (2), Township Eighty-two
(s2), North OF Range Eighteen. ds),
| West Of the 9Th p. NJ. Marshall
| County, State Of Iowa.
| You and each of you are hereby noti-
| fed that there Is now on file in the
office Of the clerk Of the district court.
of Iowa. in and for Marshall County.
supplemental petition in the action
pending, wherein Louisa c. Whaley
and David A. Whaley, ct. al. are
plaintiffs, and George P. Whaley. ct al.
| are defendants in partition. in which
the plaintiffs state that they and the
defendants in partition In said action.
namely, George p. Whaley, Frances E.
Crane, John B. Whaley Purnell w.
| Whaley May Whaley. Edgar E. Whal-
| ey and Marion A Whaley. are owners
Of the entire fee simple interest of the
premises above described. and that you
ond each Of you have transferred and
conveyed, satisfied and released any
and all interest you or either OF you
may have at any time had in the above
described premises or any part there
| OF.
| And plaintiffs further allege that
Rachel Huntsinger and Isaac Hunt
singer conveyed by deed of warranty
any and all interest in said premises
and at the time Of their respective con-
l tho$ nj
married.
| And plaintiffs further aliege IN the
aforesaid petition that there are per-
sons whose names and residences are
unknown to them. altho they have
sought diligently to learn the same.
who claim an interest in the real estate
described. adverse to these petitioners
| and their co-tenants, as follows:
| The unknown spouse, heirs at law,
devisees or grantees. respectively OF the
above named defendants, and the un-
known persons claiming an interest in
| the said realty, by Inheritance, devise,
grant or dover right. inconate or
vested, thru or from the above named
defendants or some Of them. whom they
claim was the owner in fee simple OF
| said land or como portion thereof.
and the unknown persons who. by
| dover right, inheritance, devise or
grant thru or from some such surviv-
| ing spouse heir at law and devisee o.
grantee and the unknown spouse. heirs
at law. devisees or grantees of such
unknown person or persons, claiming
an interest in some portion OF the
aforesaid realty. and that each and all
| Of the aforesaid defendants and un-
known claimants are non-residents OF
the state Of Iowa. whose residences are
4 20 ala
plaintiffs have diligently sought to
And plaintiffs further allege that all
| the defendants above named and to
whom this notice is specifically ad
| dressed and their unknown heirs, de-
visees or grantees, or the surviving
spouse Of such defendants, and each
and al; of the same, are barred from
| having or claiming any interest in
and tc the said premises above de-
scribed. by the statutes of limitation.
by the open, notorious. adverse, abso-
Lutte. peaceable and undisputed posses
sion OF these plaintiffs and their CO.
| tenants and their former grantors and
predecessors in the chain OF title to
said premises for more than forty (+O)
years last past, which possession has
| been under claim Of right and color OF
title.
Against all and each of the aforesaid
defendants and unknown claimants
plaintiffs pray that their absolute title
| and the absolute title OF their co-ten-
ants In proportion TO their respective
interests in fee simple to the afore-
said premises, be estopped and that
the title thereto be quieted in the plain
tifes and their co-tenants, and that all
and each OF such persons named de-
| fop M or nd yYvlf S~Yo
ants be barred and forever estopped
from having or claiming any right.
! title or interest in and to the said
real estate or any portion thereof, ad-
verse to plaintiffs or their co-tenants.
| No personal judgement is sought
against any defendant or unknown
claimant
! Now unless you appear and defend
before noon OF the End day Of October,
A. D. 1910, Of the said district court.
which will be commenced on the 18th
day Of October. A. ID. 1910, at the
courthouse in Marshalltown, Marshall
county. Iowa, your default will be
entered against you and a decree rem
dered thereon, as prayed for in said
petition.
| Dated this 15th day OF September.
A. D. 1910.
c. H. VAN LAW.
| Attorney for Plaintiffs.
The above original notice. being pre-
scented to the undersigned, a Judge Of
the district court Of Iowa, in and for
Marshall county, Of the 18th judicial
district Of Iowa, this 18th day Of Sep
TENDER, A. D. 1910. Is hereby approved
and,
1t is ordered that such notice be
published in the Times Republican.
/ l.I>1
| in Marshall county, Iowa, once q week
for four (4) consecutive weeks, COM
mencing on the 18th day OF September
A. D. 1910.
Done this 18th day OF September. A.
d. 1910.
j. NJ PARKER,
] Judge 18th judicial District Of Iowa