Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1911-09-20


Philips. Garrett Cronk, Andrew Stone,
! Henry B. Stone, Leverett s. Stone, Lever
EFT l.. Stone, Chester D. Stone, Gather
Inc 3e.t Lett = a Lett M Hn1s. Wrisht'
House, and the unknown spouses,
heirs, devisees. legatees. personal rep
resentattves, grantees. mortgages. as.
against tie estates sao q the defena
ants above named. described, or refer
red to or any Of them,
Defendants
To the above defendants: {E
You and each OF you are hereby noti-
ed that there y now on hls II ne
OF Iowa in and for Delaware County,
a petition In equity In which plaintiff
quaiItied owner in fee simple Of the fol-
ware County. state Of Iowa, to-wit:
ter l-4) and the South Twenty (2O) Acres
& ne Sertn half O. q the Softheast
GSJ' Acres Of the North Thirty lsOS Acres
Of the Northeast Quarter go q the
Northeast Quarter (1-4). all In Section
Sort RANGE FIVE sSt the
y That the plaintiff and his erantors have
been in the adverse possession OF said
ten years last past as owners; thereof, that
such possession has Decnf actual, open.
notorious. continuous. aud exclusive, un-
der color Of title aud claim of right and
at ali times adverse and hostile to- the
world. a Il ssss.. IS, a :. .
lief that the defendants hold and are max
ing some claim to said premises adverse
to the plaintiff:
real estate above described made by the
heirs OF John Gearhart, deOeased,5 and
those unknown defendants claiming by,
through or under him or them. Is De.
said county show that patent to said
land was executed by the United States
Government to Daniel Gearhart. brother,
mud the other heirs at law Of = Ohm Gear.
date 2lst September 1s47 and Bearing
OF record III Book ], page 100, and that
no where upon the records OF said conn,
~ Is there shown to nave oee9 execu ~, 4.
OF said John Gearhart deceased conveying
or transferring their title or interest in
said land. except only certain deed
Daniel Gearhart and wife to William
philips and shown Of record in Book B,
Page SO, but plaintin states the fact to
he that all sfie a ana
hart deceased was transferred and con
yeyed by good and sufficient deed there:
Of, and that the grantee In said deed
entered into possession OF said h iama h anG
in possession thereof until the present
time. Further that all right. title and
interest OF all Of the heirs Of the said
and conveyed by certain deed executed
hy Daniel Gearhart to William Philips Of
date 18th OF January 1913 and shown o.
Il Book sa 80 BY whsh deed
convey, and did convey all title, inter
est, and claim In ana to the above
property. granted by the Uniter States
er heirs Mt law of John Gearhart de-
ceased That through mesne convey ances
from aid of the said heirs OF the said
John Gcarhart deceased. and from the
said deed from Daniel gGearhart deceased
this plaintiff ia now the owner; and hold
er Of all right, title and interest at any
time held by the said John Gearhart OF
any Of the heirs Of the said John Gear
hart deceased.
That the claim to an interest in the
real estate described above made by the
defendant Jacob Phillips aud those un-
known defendants claiming BY, through
Or under him. is derived from the fact
the said. j acob n Philips was named a.
grantee in a certain deed executed 1st
Of November, 1851 appearing, Of record IN
Book G, page 526, wherein certain Po H.,
as conveyed, aud that no where upon the
records OF said county Is shown q deed
or conveyance conveying or transferring
states the fact to be tnat said defendant
did sell, transfer aud convey said prop
|erty by good and sufficient deed there
of, and through mesne c0nveyances from
and interest Of the said defendant In
and to said property has become and Is
now the property Of this plaintiff, but
that the deed from the said defendant was
do nRy rOro vsi- or Il 3 In n xU NOT
but that under said conveyance the sew
eral grantors OF the piaintfn have occu-
pied and owned said property for more
than ten years last past.
That the claim to an interest In the
real estate above described made by the
known defendants Claiming by. through
or under him, Is derived from2 the fact
that the records Of said county show
have nave Obtained I title through deed shown
OF record in Book 2, Page 43O, executed
18th day OF January 1850. wherein GER
tain portion OF the said property was
upon the records Of said county is shown
a deed or conveyance conveying or trans
ferring bis title, or interest thereto.
Plaintiff states the fact to be that said
said property BY good and sufficient deed
thereof, and through mesne conveyances
from the grantee In said deed all right.
title and Interest of the said defendant
u and to said property has become and
Is now the property OF this plaintiff,
but that the deed to the said defendant
was never made OF record and Is now
several grantors OF the plaintin have oc-
.upied and owned said property for
more than ten years last past.
That the claim to an interest In the
.eal estate above described made by the de-
'endant Catherine Lett and those I'M
claiming ny through
he fact that the records OF said county
how that the said Catherine Lett was
lamed as grantee In certain deed exc.
ecord In Book c., page 30. wherein a
ertain portion OF the. said property was
described as conveyed, and that no where
pon the records OF said county is shown |
erring I'LL her title, or interest thereto. |
'laintiff states the fact to be that said |
efendant did sell, transfer and convey |
aid property by good and SUFFICIENT deet
noes from the grantee In said deed all
light, title and Interest Of the said de.
,ndant In and TO sa1d property has be-
pine and Is now the property Of this
pfendant was never made OF record aud
now lost, but that under said con.
,yance the several grantOrs Of the plain
Il have occupied and owned said proper
- 49,. S~s~A = A>AA's PsASts l
That the claim to an interest in the
al estate above DESCRIBED made By the
.fendant II. A. Lett aud those unknown
claiming by, through or under
IN, Is derived from the fact that the
cords Of said county show that he
i'd II. A. Lett was named as grantee
a certain deed dated 10th Deem Der
50 appearing Of record in Book l, page
0, wherein certain portion of the said
operty was described as conveyed and
at no where upon the records OF said
unity is shown deed or conveyance
nveying or transferring his title. or
terest thereto. Plaintiff states the fact s,
be that said defendant did sell, trans {
aud convey said property by good and |
nicient deed thereof. and through mesne t
nveyances from the grantee In said deed II
right, title and interest OF the said
fendant in and to said property has
come and is now the property Of this
lintiff, but that the deed from the said
,endant was never made of record and
now lost, but that under said convey 81
&c the several grantors Of the plain- G
have occupied and owned said proper
for more than ten years last past :
That the claim TO an interest in the
! estate described in above described
de by the defendant Milton Wright, f
those unknown defendants claiming
If,