Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1911-12-07
ORIGINAL NOTICE.

ORIGINAL NOTICE.
In the District Court OF the State
OF Iowa in ana for Audubon County
December term, 1911.
Katie Bateman; Nettie i,
Thatcher and Frederick $.
Thatcher, her husband
Plaintiffs
VS..
Julia Knowles and Frederick
". Knowles, her husband;
Elizabeth O'Connels and Tim
othy O'Counell, ner husband;
Ellen Fleming, widow; Frank
z. BaGeman, husband OF Katie
Bateman, Richard Wheeler,
and William Wheeler; and 10
tne unknown heirs, next OF kin,
asslgnees, and legatees OF the
said Elizabeth OConnell, and
Timothy OConnen, 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.
lifted that there is now on lille IN tae
oHide 81 the Clerk OF the District
1o ~. p - 2iSLe " lvm..<ns al.u -
- ~r. 3. raSss S.
West OF 5th Il. Nj.
That John Wheeler, surviving
spouse OF Mary Wheeler died intes-
tate on or about the 10th day oil Fee,
1871. seized in fee OF the following
described real estate to-wit; The un-
dlViued One third interest in and to
Lots 5 and IL, Sec. 5, Twp. rs, Range
50, West OF the 9Th T.. M.
That Katie Bateman, Nettie d.
Thatcher, Julia knowles, Elizabeth
.OConneil, Ellen Fleming, Richard
Wheeler, ana William Wheeler, are
heirs at law OF the said Mary Wheel
er and John Wheeler, deceased.
They further claim that Katie Bate
man, Nette IL Thatcher, julia
Knowles, Elizabeth o'Cnonell, Ellen
Fleming, Richard Wheeler, and Win
lam Wheeler, are each entitled to an
undivided l-ftn share or interest in
auG TO the land of which Mary and
john Wheeler died seized That the
plaintiff Frederick S. Thatcher is
the husband OF the plaintiff Nettie ~.
lhatcher,tnat the defendant Frank r.
Batenan is the husband of plalnuf
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
.O'Connell; That the defendant Audu-
bon County Is mortgage lein holder
on the above described premises in
The sum OF $4,000; That the defend
ant Edwin Delahoyde is 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
Ia set forth; and if said real estate
canot be equitably divided. that saia
hand be sold and the proceeds diyid-
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
0A+@ ~ NAA"ff w 1t1stAAAES 1C0 etAA0 aa1
ment ana 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
going notice and affidavit and it ap-
pearing that the defendants are non
residents OF the state and that person
al service cannot be had on said de-
PENDANTS within this state, it is order
ed that the above ana foregoing
Original Notice be published In the
Audubon Republican, a weekly news
paper OF general circulation, pub
iished at Audubon. in Audubon Coun-
ty, Iowa, for four consecutive weeks
Dated at Logan, Iowa, this 10th day
Of November, 1911.
A. b. THORNELL,
Judge OF the 18th Judicial District
Of Iowa. 4w