Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-12-22
ORIGINAL NOTICE.

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No the unknown claimants Of Lot
Four a. in the Town of Marshall
town. in the County of Marshall,
State Of 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 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 I'M
known spouse of each OF said heirs
and assigns, sane and insane, minors
and adults. Timothy Brown, Wild
over; John r. Palmer and his I'M
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
LII o1ihAIo II Sb'laEt"
You and each of you are hereby noti-
fled that there is now on file in the Of
fee 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, toWit: Lot Number " 90 in
Block Number -Four CD in the Town OF
Marshalltown, in the County of Mar
shall. State of Iowa. and hat YOU be
barred n forever %estopped from hav-
ing or claiming any right or title to the
premises adverse 10 the plaintiff.
Such petition alleging that plaintiff
IS the Owner in fee simple of said
premises.
That on July IS. 1855. one Greenleaf
NJ. Woodbury. owned a tract of land in
Guiding said lot and plated the same
into lots and locks as the own of
Marshalltown, and in August. 1855.
conveyed by deed said lot Number Two
(2) to defendant Leroy Spencer and
said Spencer on May 2. 1886. under
tool to convey said lot to Temperance
A. Ewing by deed recorded in Book
sd" page 2o6. of Deed Records OF Mar
shall County, Iowa, but by mistake said
~ ~ o' NISN IESNa cS 40. 40 ~ NV -
of Marshall instead Of Marshalltown.
The spouse of said Spencer not sign
ing.
That on April .. 1850. aid Temper
ence A Ewing and he- husband. Peter
Ewing. undertook TO convey said lot 10
John Utz by deed recorded in Book
en- page 40 Of Deed RECORD 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. 16. 1864, said John
Utz conveyed said lot 20 said Sarah
Chorn and on Nov. 25, 1870. one
Charles Brenneck obtained a tax deed
of said lot and on Jar. ., 1872, said
Brenneck conveyed said lot TO defend
ant Timothy Brown and said Brown af-
forwards during the lifetime Of said
Sarah Chorn dat not known) exc
cuted a deed of said lot to said Sarah
Chorn which deed was lost and not re-
corded.
That on Oct. 10. 1908. said sarah
Chorn, then a widow. died owning said
lot leaving as her only heirs al la" 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. 1905. said George
Puntney. one Of the heirs Of said
Sarah Chorn, deceased. commenced suit
in partition TO partition said lot among
the several heirs thereto, in which case
said lot was ordered sold by referee
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 fee
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 the
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 r 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 grantors have for thirty years last
past been in peaceable, open, notorious.
uninterrupted. n 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 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 the
second day OF the next January term
Of said court to be begun and held at
Marshalltown, Iowa, on the End day of
January, A. D., 1911, YOU default will
be entered and a judgment and decree
rendered thereon as prayed for in said
petition.
Dated this goth day of November, A.
D., 1910.
ANDREW j. CHORN.
Plaintiff.
BY B. L. BURNTT.
His Attorney.