Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-07-12

Frederick Hauser at the time that che
made conveyance Of her undivided In.
terest in the real estate above describ-
ed to-wit Sept. 8. 1885, was Of legal age
and that she was single and unmarried
at said time and laboring under no dis
ability: that on Nov. 20, 1854, proceed
ings were commenced in court whereby
the right Of dover OF Lucy Hauses
Wife Of Frederick Hauser In the real
estate of her deceased husband was set
apart to her. she receiving other land
than that described above n her share
In said estate and that said record was
regular and the law complied with In
every respect but said record has been
mislaid or lost and can. not nov b
found: that one Delos Arnold was ~.
pointed guardian for tho minor children
OF Paully Speice ana Rebecca sappen-
field on June II, 1855, said minors be-
ing heirs Of the said Frederick Hauser
deceased and that the said guardian at
the October term 1855 Of said court
commenced proceedings whereby the
interests Of said minors was disposed OF
and said land sold to one Levi UlsTy
and guardians deeds given and all pro-
ceedinxs relative to said sale were reg
ular and legal and according to law but
that portion Of said record has been
lost or mislaid and can not be found
but that any claim that the defendants
may have had has been barred by the
statute Of limitations many years ago:
that at the time Of the conveyance by
Elizabeth BOUCHER daughter OF Fred
erick Hauser to-wit Sept. 3. 1855. she
was a widow and had no husband 20
join with her In said conveyance to
Levi Ulery Of her undivided interest IN
said land: that at the time Of tho con-
veyance Dy George Hauser OF mis- I'M
divided interest In said land to Levi
Ulery he was a single man and had no
wife: that Nelson Ulery as administra.
tor Of the estate OF Levi Ulefy sold, the
land described above to pay the debts
Of the estate at an administrator's AAle
and gave such deed under order, OF
court Nov. 20. 1861, to ono Johr Nc
Kibben but that the record fails to ais
close the fact that notice OF such sale
was given to the heirs Of sald Lew
Ulery but this plaintiff alleges the fact
to be that such notice was given but
the record Of the same was lost o. mis-
laid and can not now be found ana !thae
all proceedings leading up to said sale
and that said sale was legal ana made
in strict accordance with the law: that
the taxes assessed against said lana
have been paid by tho present owners
Of said land and their grantors during
all Of said time and said taxes have not
been repaid or any offer Of repayment
made. That the residences and names
Of the unknown defendants are IN.
known to the Dlaiuff: that she has
sought diligently to learn their names
and residences but can not. do %. That
the defendants designated q unknown
have or claim to have some interest
in and to said real estate by v1ftus q
their being heirs, devisees. leGskese ana
assignees of tho named defendants ana
all their claimed interests have boen
heretofore Invested and barred b. the
same means and In the Same mannsr. -
the claimed interests Of the named de-
PENDANTS.
That the court will also Do asted 70
construe the last will aud te0tament a
John n. Hauser deceased
For further particulars - platndfes
petition when on file.
Now unless you appear ana naake
defense thereto. at or before noon Of
the second day Of tho next August
term Of said court, 70 b begun end
held at MarshalltoWn, Lows, on the
2Sth day Of August, A. D. 1911 your d.
fault will DO entered and q jn0GDa01
and decree rendered thereon ~ pcoyo0
Cor In said petition.
Dated this goth day Of June Il y.
1911.
n. G. LouNs1ERRY.
Plaintiffs Attofney.
ORDER OF JUDGE AS TO ORIGINAL
NOTICE.
The above and foregoing original no
tice after inspection and examinAtaon
| of the petition Of the plaintiff - up.
proved by me this first day Of July A.
d. 1911. and the same IL ordered pub
| lished In the Times-RepubucAn, Q
| newspaper Of general circulation n
Marshall County, Iowa, once each week
for Q period Of four consecutive weeks
CLARENCE NICHOI1
Judge OF the Seventeenth JudloN Dis
trict Of lows.