Audubon County journal. (Exira, Iowa) 1884-1993, 1911-01-26

used and inserted between the words
said" and chat" in the fore part
of said covenant clause thereof.
You are also notified that said petit
ton alleges that in the month of
March, 1885, one Matthias Klemish
executed a mortgage on said premi-
SEES to defendant Farmers Loan G
Trust Co., said mortgage being of
record in Book T, p. 434, In the office
OF SAID recorder; that said mortgage,
together with the debt secured there
by, has long since been paid in full;
that on Or about the year 1890, said
mortgage, Farmers Loan & Trust
Co., by its then president, L. Par
sons, undertook to release said mort
gage of record, said attempted re-
lease being found in Book z, page
500, in the office of said recorder but
by omission and oversight the corpo-
rate seal of said mortgage and re-
leasor was not affixed to said re-
lease; that it was the intention and
purpose of said releasor to affix such
corporate seal to said release. And
you are also notified that said petit
ton alleges that subsequent to her
joining her husband in said deed to
said W. III. Hubbard, said Lucinda G.
Veach departed this life; that in the
month of October, 1908, said Asa
Veach departed this life testate, as
resident of Richardson County, Neb-
raska, leaving him surviving defen-
dant Mary H. Veach, as his widow,
and defendants William T. Veach,
Moses A. Veach, James NJ jVeach,
Benjamin F. Veach, Charles II. Veach
and Myrtle Gimbel, as his sole sur
vlving children and heirs; that by
the terms and provisions of said de-
cedent's last will and testament he
DEVISED all of his real estate to said
widow and said children; that said
defendant Mary H. Veach is still a
widoW; that defendant Sarah J.
Veach is the wife of said William T.
Veach;A that defendant Amelia E.
Veach u.s. the wife of said Moses A.
Veach; that defendant Mary G. Veach
is the wife Of said James M. Veach;
that defendant Mary A. Veach is the
Wife of said Benjamin F. Veach; that
defendant Hattie Veach is the wife
OF said Charles H. Veach; that defen-
dant William Gimbel is the husband
OF said Myrtle Gimbel that defendant
Mary w. Hubbard is the wife of said
w. HI. Hubbard. You are also noti-
fed that plaintiff in said petition,
and herein, alleges that the unknown
Clalments of said premises so edscri-
bed as belonging absolutely to this
plaintiff, are the unknown spouses,
heirs, devisees, legatees, grantees,
assignees and legal representatives of
each and all of said other named de-
PENDANTS, should any of them be now
deceased, and all other unknown per-
sons claiming by, through or under
any OF said defendants; that the name
es and residences of said unknown
clalments are known to plaintiff, al
though he has sought diligently to
learn the same; that whatever in
terest said unknown claiments have.
or claim to have, in or to said prem
lses, is derived, or claimed to be de-
rived, through the various deeds, re-
leases and other instruments set
forth in said petition, ard herein re-
ferred to;that the nature, derivation
and mode of devolution of said inter-
est, or claimed interest, of said I'M
known claiments, being unknown to
plaintiff other than is herein and in
said petition set forth, though plain
tiff has sought diligently to learn the
same. You are still further Motif
ed that said petition prays the court
to be as alleged in said petition, and
herein, respecting said failure to pro-
perly execute said deed and insert
the name of said grantee and defen-
dant, w. H. Hubbard, therein, and
respecting said failure of defendant
Farmers Loan & Trust Co. to pro-
perly afIix said seal to said release.
and to find, adjude and decree that it
was the purpose and intention of all
parties to said respective instruments
to properly and legally execute the
same as herein, and in said petition,
set forth, and to adjudge, find and
decree, that the intention of all par
ties to all respective Instruments
set forth or referred to in said petit
ton, and herein, was as in said petit
ton, and herein, alleged to have
been, and to find, adjudge and de-
cree that every allegation in said pc
tltlon, and in this notice, with refer
ence to parties being husband and
wife, or being unmarried, is sustain
ed as herein, and in said petition,
claimed; that said petition prays the
court to correct and cause to CORES
pond with the intention of tho NOW
ties thereto said deed from said Asa
Veach and wife to said w. H. Hub
bard, as herein alleged, and to can
Gel said mortgage of record from
said Klemish to said Farmers Loan
Trust Co., and to direct the clerk
OF this court to enter a proper re-
lease thereof on the margin of the
record thereof. You are also mott
fed that said petition alleges that be-
cause of the said mistakes and err
rors of the parties to said respective
instruments, cloud is cast upon the