Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1911-11-23
ORIGINAL NOTICE.

In the District Court of the State
of Iowa in and for Audubon County
| December term, 1911.
Katie Bateman; Nettie T,
Thatcher and Frederick s.
Thatcher, her husband.
Plaintiffs
Julia Knowles and Frederick
| w. Knowles, her husband;
Elizabeth O'Connell, and Tim
othy O'Connell, her husband;
Ellen Fleming, widow; Frank
p. Bateman, husband of Katie
Bateman; Richard Wheeler,
and William Wheeler; and to
the unknown heirs, next of kin,
assignees, and legatees of the
said Elizabeth O'Connell, and
Timothy O'Connell, her hus-
band and Richard Wheeler;
Edwin Delahoyde, Cashier, and
Audubon county,
Defendants.
To the above named defendants:
You and each of you are hereby no
titled that there is now ON file in the
office of the Clerk of the District
Court of the State of Iowa in and for
AuuuDOh SOunly, tllc pCliIiOn VI Tic
above named plaintiffs in which they
claim, that Mary Wheeler died intes-
tate on or about the 14th day of July,
1899, seized in fee of the following
described real estate to-wit: Lots 5
and IL, Sec. 5, Twp. rs, range 80,
West of 5th p. M.
That John Wheeler, surviving
spouse of Mary Wheeler, died intes-
tate on or about the 10th day of Feb,
1911, seized in fee of the following
described real estate to-wit: The un-
divided One third interest in and to
Lots and IL, Sec. 5, Twp. IS, Range
35. West of the 5th p. M.
That Katie Bateman, Nettie T..
Thatcher, Julia Knowles, Elizabeth
O'Connell, Ellen Fleming, Richard
Wheeler, and William Wheeler, are
heirs at law S.ss.the said Mary Wheel
er and john Wheeler. deceased.
They further claim that Katie Bate
man, Nettie T. Thatcher Julia
Knowles, Elizabeth O'Cnonell, Ellen
Fleming, Richard Wheeler, and Will
lam Wheeler, are each entitled to an
undivided 18th share or interest in
and to the land of which Mary and
John Wheeler died seized. That the
plaintiff Frederick S. Thatcher is
the husband of the plaintiff Nettie T.
Thatcher; that the defendant Frank p.
Bateman is the husband of plaintiff
Katie >Bateman; that the defendant
Frederick w. Knowles is the husband
of defendant, Julia Knowles; that the
defendant Timothy O'Connell, is the
husband of the defendant Elizabeth
0'Connell; That the defendant Audi
bon County is mortgage lein holder
on the above described premises in
the sum of $4,000; That the defend
ant Edwin Delahoyde Is q mortgage
lein holder on the share of Katie
Bateman herein in the sum of 100000.
Said petition asks for a decree of
court partitioning or dividing said
real estate. and confirming the shares
of plaintiffs and defendants as here
in set forth; and II said real estate
canot be equitably divided, that said
land be sold and the proceeds divid-
ed among plaintiffs and defendants
as their interests appear and for the
costs of this action.
For particulars see partition now
on file.
And that unless you apear thereto
and defend before noon of the second
day OF the next term, being the De-
cember Term Of said court, which
commences at Audubon, Iowa, on the
18th day OF December. 1911, default
will be entered against you and judg-
ment and decree rendered as provid-
ed by law.
Dated this 9th day of November. 1911.
MANTZ & WHITE,
Attorneys for plaintiffs.
Upon reading the above and fore