Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-07-05

ing heirs of the said Frederick HaueeN
deceased and that the said guardian ~
the October term 1866 of said courS
commenced proceedings whereby thu
interests Of said minors was disposed %
and said land sold to one Levi Ulsryt
and guardians deeds given and all pro.
ceedings relative to said sale were re1<
ular and legal and according to law but
that a portion Of said record has been
lost or mislaid ana can not be found.
but that any claim that the defendant0'
may have had has been barred by the
statute of limitations many years aEojl
that at the time Of the conveyance by:
Elizabeth BOUCHER daughter Of FredA
erick Hauser to-wit Sept 8, 1856. she
was widow and had no husband "a
join with her In said conveyance to,
Levi Ulery Of her undivided interest III
said land: that at the time of the COM
veyance by George Hauser Of his uns
divided interest in said land to Levi
Ulery he was a single man and had no
wife: that Nelson Ulery as administers
tor Of the estate Of Levi Ulery sol: ila
land described above to pay the deStk
Of tho estate At an administrators sale
and gave such deed under order Of
court Nov. 20. 1861, to ono John Mo-
Kihben but that the record fails to dis
close the fact that notice Of such sale
was stven to the heirs Of said Levi
Ulery but this plaintiff alleges the fact
to be that such notice was given but
the record OF the same was lost or mis-
laid and can not now be found and that
all proceedings leading up to said sale,
and that said sale was legal and made
in strict accordance with the law: that
tho taxes assessed against said lan6
have been paid by the present owners
Ct said land and their grantors during
all Of said time and said taxes have not
been repaid or any offer Of repayment
made That the residences and name4
Of the unknown defendants are un-
known to the platht: that she has
eousht diligently to learn their na,neS
and residences but can not do So That
the defendants designated as unknown
have or claim to have some INTEREST,"
in and to said real estate by virtue OF,
their being heirs. devisees, legatees ana
assignees Of the named defendants ana
i, all their claimed Interests have been
heretofore Invested and barred by the
same means and in the same manner as
the claimed interests of the named de-
PENDANTS.
That the court Will also be asked to
construe the last will end testament OF
John H Hauser deceased.
For further particulars see plaintiffs
petition when on file.
Now unless you appear and mako
defense thereto. at or before noon OF
the SECOND day Of the next August
term of said court. to be begun and
held at Marshalltown, Iowa. on thet
2sth day of August. A D. 1911 your de-3
fault. will be entered and judgment;
and decree rendered thereon as prayed
Cor in said petition.
Dated this 30th day Of June A D.
1911
f. c. LoUNSBERRY.
Plaintiffs Attorney.
ORDER OF JUDGE AS TO ORIGINAL
NOTICE.
The above and foregoing original no
tice after inspection and examination
Of the petition of the plaintiff is APP
proved by me this first day Of July A.
D. 1911. and the same is ordered pub
lished in the Times Republican.
newspaper Of general circulation in
Marshall County, iowa, once each week
for period of four consecutive weeks.
CLARENCE NICHOLS,
Judge Of the Seventeenth judicial Dis
trict OF Iowa