The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-03-23
Original Notice.
William ". Hughes, Plaintiff,

"dHdoha NOuuty, iONd, 81 -. Dai
Der, Annie Barber, NJ. NJ. Runyon,
Emma Garrigus and Thomas Gar
ligus, Thomas ID. Edwards, Mrs.
Thomas ID. Edwards, Mary G. Bar
nett and Barnett, her hus.
band, Vinson Inge and Mrs. Vinson
lngc, Margaret Benson and -
Benson, her husband, Josiah Cros-
son and Mrs. Josiah Crosson. Al
bert s. Munsell, Mrs. Albert 3.
Munsell, Charles G. Munsell and
Mrs. Charles G. Munsell, together
with the unknown heirs, unknown
spouses, devisees, legatees, grant
ees, minors and legal representa-.
l. tives of any and all of the above
named defendants and unknown
claimants OF said real estate, De-
PENDANTS.
To the unknown claimants of the
said N. Il. a of the N. h. u and Lots
and 3 of the l. S. of the S. w. 4 OF
the N. E. Il of Sell, Twp. "A, r. lG
w. of the 9Th p. NJ, Mahaska County,
Iowa, and to each and all of the
above named defendants and to each
and all of the unknown heirs, spouses
and all other parties above named:
You and each of you are hereby
notified that there Is now on file in
the office OF the clerk of the district
court of Iowa, in and for Mahaska
William w. hughes, claiming as
against you and each of you that he
Is the absolute and unqualified owner
i'm fee simple of the above described
real estate and that your interest has
been Invested by certain deeds of
conveyance which were lost or de.
stroyed without having been placed
OF record, that is to say, that George
w. Barber and wife were the own
ers of said Lot and conveyed the
same to Michael Gallagher. prior to
June II, 1874, reserving the coal
hereunder, but that said deed was
lost or destroyed and not recorded,
and that Thomas ID. Edwards was the
owner of Lot 2 and conveyed the
same to Friedrich M. Stumbo by a
good and sufficient Warranty Deed
prior to March "a, 1856, which deed
was lost and never recorded: that
said Stumbo decided to Josiah Cros,
son, who with his wife, prior to Dec
10, 1870, conveyed by sufficient
Warranty Deed, said Lot to said
Mary G. Barnett, which deed was
lost and never recorded, and that
Samuel Vance obtained a Tax Deed
on said Lot 2 Nov. 80, 1870, recorded
June 81, 1871, in Book z, page 655, OF
the Mahaska County Records which
tax deed is asked to be established
paramount to any claim of the dc,
/ PENDANTS to said lot.
That in foreclosing a certain mort.
gage in favor of Geo. w. Barber,
! Margaret Benson and husband were
not served with notice as appears
from the record, though service was
ACTUALLY made and their rights fully
determined and barred by the Sher.
! ifs Deed; that J. 3. Barber, NJ. NJ
Runyon, Elizabeth Phillips and Emma
Garrigus are the only heirs of Geo
| W. Barber: that Vinson Inge and
Mrs. Einsou Inge have no interest
in the land. the description in their
refers to land in Township Is. in
stead of "A; that Albert s. Munsell
and Charles G.. Munsell we're Invested
of their interest by guardians deed
Sept. II, 1885, recorded Sept. %
1885, in Book SO, page 81 of the Ma
haska County Records, and they with
their wives are made parties TO cor
rect any error that may have occur
red in the proceedings relating to
said deed; that plaintiff has made
ants, their unknown heirs and un
known claimants, but without avail.
! He claims that he has been in
open, notorious, hostile and adverse
| possession of said real estate under
color of title and claim of right, Inc
and his grantOrs, for more thar
twenty years last past, he asks thai
| his title be quoted to all the above
described land against said defend
ants as above described, except the
coal under Lot 3, he also pleads
laches and a general equitable es
TOPPED. together with the bar of the
Statute OF Limitations. No persona
claim is made against any OF the de
PENDANTS. unless they should appear
and defend, and that unless you ap
pear and defend hereto before moon
of the second day Of the April Term
1911. which will commence on the
18th day OF April, 1911, and be held
In the Court House at Oskaloosa
Iowa. judgment by default will be
rendered against you and decree
entered as prayed for in plaintiffs
petition.
w. II. HEATING,
Attorney for Plaintiff.
The foregoing Original Notice hay
ing been presented to me for an or
der. and ! being fully advised In the
promises. find that said notice suff
GENTLY sets forth the averments Of
said petition as collected therefrom
order the same published for foul
weeks In the Oskaloosa Herald
Dated this 18th day OF March. 1911