Audubon County journal. (Exira, Iowa) 1884-1993, 1911-01-19


of Audubon County. the Petition of
the above named plaintiff, claiming
that he is the absolute and unquali-
fled owner in fee simple of the
Northwest quarter of Section 33,
Twp. rs North, Range "a West of
the 9Th p. NJ, Audubon County,
Iowa, and asking that the title
thereto be established and quoted in
him as against you and each of you.
Said petition further alleges that
that plaintiff is credibly informed
and believes that said defendants
have, or claim to have, some right
title or interest in said real estate
adverse to this plaintiff, but that
whatever such right, title or interest
is if any, it is secondary and inferior
to that of plaintiff therein, and that
plaintiff and his grantors have been
in open, notorious, continuous, I'M
disturbed and peaceable possession of
said real estate as against each and
all of said defendants, and as against
all the world, under claim of right
and color OF title, hostile and adverse
against said defendants and all
persons else whomsoever, for more
than ten years last past, and that
whatever claim, right, title or in
terest said defendants, or any of them
had, in or to said real estate, or in
or to any part thereof, has long
since been cut off and eXtinguished
by the deeds in the chain or chains
of title under which plaintiff holds.
and have also long since been barred
Cfof, To Of tot
that defendants are now estopped
from making any claim whatsoever
thereto. You are also notified that
said petition alleges that about the
year 1856 the United States gov
eminent issued to one Abram Hoad-
ley patent to said lands, and that
thereafter the title to said tract, by
descent, and by he usual series of
legal conveyances, transfers, and
various other forms and modes OF
change of ownership, from, by and
through the respective and success
sive grantors and grantees in the
regular devolution thereof, vested
absolutely in this plaintiff on or
about the End day of March, 1908,
PLAINTIFFS immediate grantor being
Il
tition also alleges that one of
Plaintiffs grantors was one Asa
Veach, who acquired the alb
solute ownership of said tract
in the usual course of devolution of
the title thereof; that said Asa
Veach and wife, Lucinda G. Veach,
undertook to convey said tract by
warranty deed on or about the oath
day of February, 1876, to defend
ant w. H. Hubbard; that in the
preparation and execution of said
deed the name of said grantee, W.
HI. Hubbard, was, through mutual
mistake of all parties to said in
strument, omitted from the granting
clause thereof, and from the coven-
ant clause of assurance of seizin,
right to convey, fheedom from incum
brance, quiet enjoyment and war
ranty, as will appear from the fol-
lowing true copy of said deed, ex-
cept as to the certificate of ac-
acknowledgement thereof, and except
that other lands were embraced in
the description thereof than those
Involved in this action KNOW ALL
MEN BY THESE PRESENTS:
That Asa Veach and Lucinda c..
Veach, wife, of the County of
Richardson, and State of Nebraska,
for the consideration of the sum of
Six Thousand Four Hundred Dollars
in hand paid by w. II. Hubbard of
Johnson County and State of Iowa,
all our right. title and interest in and
to the following real estate lying
situate in the County of Audubon,
a and State of Iowa, to-wit: The
North half of Section Thirty-three
(33), Township Seventy-eight (7S),
Range Thirty-four (34) West; and
we hereby covenant with the SAID
that we hold said premises by good
and perfect title; that we have good
right and lawful authority to sell
and convey the same; that they are
free and clear from all liens and in
cumbrances whatsoever, and we
J covenant to warrant and defend the
said premises against the lawful
claims of all persons whomsoever;
and the said Lucinda G. Veach re-
leases all her right of dover in and
to the above described premises
Witness our hands this oath day OF
February,A. d. 1875. Asa Veach
Lucinda G. Veach, Gu. S. Rev. Stamp
attached.) You are also notified
that said petition alleges that said
deed was properly acknowledged, and
duly recordered in Book e, page 454
in the office of the county recorder
of said Audubon county. You are
also notified that said petition also
alleges that in said preparation anG
execution of said instrument it was
the intention and purpose of all par.
ties thereto, meaning thereby the
, said Asa Veach, Lucinda c. Veact
and w. H. Hubbard, that the words
and name do hereby sell and convey
unto said w. III. Hubbard" should
have been used and inserted between
the words Iowa" and "all" in the
fore part thereof, and that the name
"W III. Hubbard" should have beer
used and inserted between the words
said" and that" in the fore part
of said covenant clause thereof
, You are also notified that said petit
, ton alleges that in the month OF