Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1911-09-13


}, not released of record. and that tn
same is not lien upon said premises
e and the defendant. Abbie Ellis. an
!. have no. elaiIn. or. Interest in. the sal
n premises 81 reason thereof. 4.
d That the Nicholas Michael. the granite
North East Quarter u-D. OF the Sont
, West Quarter cd. Of Section Twenty
j Two CD. Township Ninety 900 Nort
deed Se is reeord led I'M In BOOK c". Pag
i 1879. Of the records. of Delaware, County
. Iowa. and the Nicholas Michael. one Q
! veying said premises to BENJAMIN
] McEey, which deed is recorded in. Bool
"E: Page 2sl' Of the records ord Of De IA
! same person. N
the warranty deed dated March 9Th
1885, SONY eonTey WE, the North Haf Sec
ton twenty Two l2sj. Township Ninet!
: 900. North Range. Three %. and othe
land. which deed is recorded In Book .
: er's office. OF Delaware County. Iowa
: and the Joseph Gerhard. one OF the
In ,s7s d pefon
said premises. which deed is recorded II
Book 81. Page al1.. Of said recorders Of
flee and the, Joseph Gebhard. one Of tbs
grantors In the warranty deed dated Eel
ruary is. 1885 conveying a portion OF
said premises. WHICH deed is recorded +, IN
/
office is one ana the same person.
That certain Warranty deed dated
February IS. 1885, executed by Joseph
iebhard and Clara. his wife. to Michael
| rutz, contained the following descrip.
lion: "a strip, Of land Ten !1ol feet
wide from the North side Of Sixty Nine
,6O acres Of the North Half dog. so Of
! ty 900. North Range Three go. and
other land saiH deed being recGrded IN m
the recorders office of Delaware Coun-
~. Iowa. Plaintiff AYERS that the de-
scriptlon contained IN said deed + er.
not the intention OF the grantors in said
| deed to convey. and said deed in fact
lid not convey any part OF the land
to the be ana conveyed WHsin and Wis which e Was
in fact conveyed. BY said deed. lay i'm.
oetition, as follows: a strip of land
Twenty t2o) feet vide Of f., the North thh
EVEN sse tssS afi Township Ninety isoS
North Range Three 90. West OF the
Fifth P. NJ.
Putt. a widower. executed and delivered
eainine the following description: "A
strip Of land Fifteen 59 feet o vide aont
F@en SF' Rw Se:s s TosnsSp s Sa a
North Range ne Three @ and Other lana
Recorders office OF Delaware County
Iowa: plaintiff AYERS that the land which
s Wa5 deed was 70
{ Ss land y WHEN the ss wss intended a
20 be conveyed and ,da which was In fact
follows: a strip of land Fifteen l5)
feet wide along the North side Of the
SSs Hif If Section CT the r SSn5n
s22), Township Ninety 600. North Range
That on February 10th. 1903. Michael
Putt executed and conveyed to Joseph |
Michael Mic ,a pmetz; warranty deco contain,
land Fifteen Q5} feet wide from the
North side of the Sixty Nine (6o) acres
Of the North Half go; OF the South
Eshth cryef Of south s% w West "ss
Ninety isS. North Range
Book a. Page All. Of the Recorders o.
flee OF Delaware County. Iowa: plaintiff
AYERS that the description in said deed
Intended to convey any Of the land de-
scribed in Par l. of said petition. Plain
tiff AYERS that It was the intention OF
Of land laying Immediately South OF the
following described premises. to-wit: A
from the North side Of the South West
a. s Township Ninety tsS5. North Range
Three 3. West OF the Fifth F. NJ.
Said petition recites that the mode OF
claims Of said unknown claimants, and
is as heirs-at law. surviving
spouses. devisees. legatees. assigns,
itors OF one or more Of the said defend
ants named in said petition.
Said petition recites that the names
and residences OF the unknown defend
the plaintiff has made. or caused to be
made. diligent search and inquiry to
ascertain the names and places Of resi-
claimants and the unknown defendants
IN this action, II any there. are. and
that he is unable to describe them
more fully Or definitely than as herein
before set out.
Said petition recites that the plaintiff
and those under whom he claims title to
che real estate first hereinbefore de-
session Of the said real estate for more
Than ten years last past; that said pos
session has been actual open. motor
.isible and undisturbed under color OF
title and claim OF right and hostile to
the Defendants and each OF them. and
each Of them. their spouses. heirs-at,
law. devisees. legatees. assigns. and
,egal representatives. and all persons
u either Of them; and all unknown
are thereby estopned from
having or claiming any right title or in.
hereof. adverse to plaintiff. his heirs,
assigns or legal representatives.
That said petition prays ror ,judg
nent and decree Of this court auieting
Iii the real estate described herein. to-
vt: The East Half a. Of the N0rth ,
eva Of Section 9! one TSssn Tss ess5
md commencing at the South East. cor
,er Of the South Fat Quarter GIn
one and One Fourth (sl Ia rods.
hence in Northeasterly direction Thir-
5sHSas she df"sa of r. sens
seven Ss1} RODS thence South Ten Ten and
49, feet, wide off from the North side
II the South West Quarter, 90: Of
ship Ninety 600. North Range Three
3: West Of the Fifth P: N: that plain,
iff's title herein be established and
hem. and all persons claiming by.
through or under them. and all I'M
snown claimants of said real estate:
hat each and all of said defendants
Ind all persons claiming by
through or under them be barred and
'orever estopped from having or claim
o the plaintiff In or to said real
estate or any part thereof. and that the
title to all OF same, be quteted in the
plaintiff and for such other and further
ellef as may DO equitable in the prem
ses
And you are further notified that I'M
ess you appear thereto and defend on
n before noon of the second day Of i.
he term OF said District Court. to be
begun and holden at the Court House in
he City Of Manchester. Iowa. on the
It'll day of October, 1911. default will be 7
uttered against YOU and judgment and
lecree rendered as prayed in said Deti-
Ion.
Dated this 18th day OF August. 1911.
Carr. Bronson & Carr.