Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-07-27

August term, 1911.
John Swanson, Plaintiff,
"
John Hill, his spouse. their heirs. ex-
ecutors, administrators, devisees'
assigns, unknown heirs Of the same,
unknown claimants and unknown
defendants Of the same, and any and
all persons claiming, by, through
John Hill and the spouse and un-
known heirs and unknown claim
ants Of the same. Charlotte S. Lums-
den, Mary Jane Leighton. Ralph
Lumsden, william Lumsden, Anna
F.. Swanson. Andrew Delphos Lums-
bern Lumsden, Maude Lumsden,
Mamie Lumsden, Cahrles Leighton
Mary f. Lumsden, Mary Lumsden,
Charles Swanson, Nellie e. Lumsdsn
(now Nellie McCort), Hanford
Lumsden, minor heirs OF ]. D. LuHs-
Defendants.
To John Hill, his spouse, unknown
heirs of the same, and unknown claim.
ants, claiming by or through them ana
unknown defendants. and to each and
every one of the other above named
defendants:
You are hereby notified that the Pc
|tition of the plaintiff in the above en-
titled cause is now or file in the office
of the Clerk OF the District Court o.
the state Of Iowa, in and for Wapello
County, claiming and asing that any
right Of interest that you may have as
an heirs Of John Lumsden or James
Lumsden. both deceased, both late OF
n MaResso Quarter own iNEA5 Of the
northeast quarter (NEA) of section
fourteen (14), township seventy-two
(721. range fourteen (14), or any part
thereof by reason Of q certain coal
lease owned by the Black Diamond
Coal Company and assigned to them
August IS, 1890, recorded In Book ~.
page 155 and which assigned certain
coal rights under the lands herein de-
scribed Said petition alleges that
James Lumsden and John Lumsden
owned the Black Diamond Coal Com
pany at the time OF their decease, and
owned all OF the stock therein, the
Black Diamond Coal Company being
corporation, is non-existant, their
charter having expired by. the opera
ton Of law, and also that the lease has
been abandoned more than fifteen
years ago, alleging that all OF the
rights which you have In and to the
same, said lease. and the ground and
land herein described, which land
herein described the title to the same
Lumsden at the time they owned the
Black Diamond Coal Company, and
that you nave decided away all Of your
rights and interest in said lands and
in the said Black Diamond Coal Com
pany and this property to A. D. Lums-
den, w. J. Lumsden, j. d. Lumsden,
and that they have decided their heirs
Black Diamond Coal Company and Its
stock and it's property and the lands
herein named to L. J. Ragsdale. and
he having decided to this plaintiff q
part Of said lands.
Asks that all interest that you have
be cut off, barred and estopped. (For
particulars see petition now on fle.)
That an order has been made by the
Judge Of the district court Of Wape)l
County, Iowa, ordering the publication
OF notice gathered from the allegations
OF the petition, in the Ottumwa Cour-
Ter, a weekly newspaper published in
Ottumwa,, Iowa. That the interest of
|all Of the heirs Of John Hill and
spouses, unknown claimants, execu-
tors, administrators, devisees, assigns.
unknown defendants and unknown
claimants Of each and all Of the said
defendants named In the said petition
now on file are asked to be adjudged
barred and estopped from claiming
any interest in the property described
in the said petition.
And that unless you appear threeto
and defend before noon of the second
day Of the next term, being the Aug
ust term or said court which will COM
mence at Ottumwa. Wapello County,
Iowa, on the 21st day Of August, 1911
default will be entered against you
and judgment rendered thereon and
decree grsnted as prayed Off in said
petition.
A. w. Enoch. Attorney for Plaintiff
Order for Publication OF Original
Notice:
The petition in the above entitled
cause and original notice having been
submitted to me, and finding that the
original notice issmade up from the all
legations of the petition and gathered
therefrom, therefore. In pursuance ~
the statutes in such cases made and
provided, I hereby oroer that said or
iginal notice be published in the OF
tumwa Ccr,ricr. n wec'y'v newspaper
published IN Ottunwa wapello {
ty, Iowa, for four Insertions thereof,
and four weekly publications success
siyely, last publication being ten days
before August FL, 1911.
Dated at Ottumwa,, Iowa, this 18th
day @ $;sly, 1911.
+. NJ Hunter. Judge.