Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-05-03
Miss Bessie A. McNeely
Teacher of Piano
, STUDIO 500 North First Street
'Phens 1925.
ORIGINAL NOTICE.

TO Fl. FRANK SPENCER. H. F.
SPENCER, ANNIE E. McCUNE, r.
G. McCUNE. w. r. SWAYZE. EMMA
SWAYzE. THE UNKNOWN HEIRS
OF EACH OF ABOVE NAMED
PARTIES, DEFENDANT, WHETH-
Err SANE INSANE OR MINORS.
THE UNKNOWN CLAIMANTS OF
THE FOLLOWING DESCRIBED
REAL ESTATE. WHETHER SANE.
INSANE OR MINORS. BEGINNING
FIFTY (5O> FEET WEST OF TILE
NORTHWEST CORNER OF BLOCK
SIX 90 IN FERNER'S ADDITION
TO THE ORIGINAL TOWN OF
MARSHALL. MARSHALL COUNTY.
La. THENCE WEST THREE HUN
DRIED AND FIFTY $3.50, FEET:
THENCE SOUTH ONE HUNDRED
AND THIRTY $50 FEET:
THENCE EAST THREE HUNDRED
AND FIFTY t3so) FEET: THENCE
NORTH ONE HUNDRED AND
THIRTY FEET TO PLACE OF BE-
GINNING: BEING FORMERLY
PLATED AS LOTS ONE, TWO.
THREE. FOUR. FIVE. SIX AND
SEVEN q. 2. 3. 4, s. 6. and y OF
BLOCK TWO t2) FERNER'S AID
DITION TO THE ORIGINAL TOWN
STATE AFORESAID
You are hereby notified that there Is
now filed in the office of the clerk
OF the district court in and FOR Mar
shall county, Iowa. the petition Of D. T.
Dermead. claiming OF you the quieting
OF the title to the following real estate:
be ginning fifty 800 feet west of the
northwest corner OF block six co. In
Ferner's addition to the original town
of Marshall. Marshall county. Iowa,
thence west three hundred and fifty
$3.50 feet: thence south one hundred
and thirty (130) feet: thence east three
and fifty (35O) feet: thence
north one hundred thirty feet to place
Of beginning. being formerly plated.
az lots one. two. three, four. fve. six
and seven q. 2, 3. 4, 8. 6and.73. Of block
two (2) Ferner's addition to the origin
al town Of Marshall, county. and state
and claiming that plaintiff
Is the owner in fee simpie thereof.
That he and his grantors have been
In the open. notorious, adverse and hos
tile possession Of said real estate under
color and claim Of title for more than
twenty two years prior 20 the begin
ming Of this action. That H. Frank
Spencer who took title to the property.
g.,
person a. III. r. Spencer who conveyed
the said property July. 16. 1888.
That r. c. McCune husband Of An
ME e. McCuns has no right or interest
in or to said property. That the pre-
tended sale Of said premises. under
Judgment obtained against II. +. Spen
GER as shown in docket NJ, page 22z, Of
the Judgment records Of said county.
was illegal and void. and that the court
had no Jurisdiction Of the parties or
the subject matter. and that seid sale
should be set aside and declared void
and the deed issued thereon be. held
void. s
That the unknown defendants and
unknown claimants, whether under le-
gal disability or not. have no right.
title or interest in or to said premises
That the names and residences Of said
are unknownsto the plain
tif. altho he has sought diligently to
earn the same. Y
Plaintiff rrays that his title and
ownership in and to the real estate
above described. shall be esta bNshed
IN fee simple in him az against the
adverse claims Of any ana all the de-
above named, and that any
person claiming by or thru or under
Liz ucl01luA4ltOs U0 D2S10A 4uu xUISVcT
from claiming or having any
light. title or interest In or to any por-
ion Of the real estate above described:
hat It be deoreed that plaintiff and his
srAhtors have been in open, adverse
Ind notorious possession Of said real
estate for more than twenty-five years
asst past with color OF title. and that
he fee simple title OF said real estate
oe fixed by decree Of court In the
plaintiff.
Now unless you appear ana make
iefense thereto At or bsfore noon Of the
md day Of the next August term of
'aid court to be begun and held at-Alar-
'halftown. lows on the 28th day OF
August. A. d.. 1911. your default will
,e entered and a Judgment and decree
thereon AZ prayed for IN said
,etition at the costs Of plaintiff.
Dated this 18th day Of April, A.. D.,
1911. ]. L. CARNEY,
Plaintiffs Attorney.
Above notice approved by 1ndge OF
he district court IN anu iOr 0arsilassii~~
.ounty I0vpa md nkASSnA nnhlfalsnA = ~ s