Audubon County journal. (Exira, Iowa) 1884-1993, 1911-09-14
ORIGINAL NOTICE.
In the District Court of Audubon
County, Iowa, October Term.
1911.
John w. Scott, Plaintiff

1911.
John w. Scott, Plaintiff
George W. Caldwell and
Julia A. Caldwell, his
wife, James S. Smith,
Mrs. Mary L. Everett,
William r. Woodward
and Phebe Woodward,
his wife, Cynthia A.
Woodward, Alias Cynthia
A. Munhall and T. Mum
hall, her husband, Char
les H. Johnson and Clar-
india ]. Johnson, his wife.
The unknown heirs and
devisees and legal repre-
sentatives of Angelina j.
Mckay, deceased. The
unknown heirs and dew
isees and legal repre-
sentatives of ]. B. Stew
art, deceased The I'M
known heirs and devil
sees and legal repre-
sentatives of Horace Ev-
erett, deceased. The I'M
known heirs and devil
seees and legal repre-
sentatives of John Cav
in, deceased. The I'M
known claimants Of the
South East quarter OF
the North East quarter,
and North half of South
East quarter and South
West quarter OF South
East quarter of Section
Is, in Township 78 North,
of range 35 West 5 P. M.
in Audubon County, Iowa.
Defendants.
To each and all the foregoing named
defendants.
You are hereby notified that the
petition of the Plaintiff,
John W. Scott,
is now on file in the office of the
Clerk of the District Court OF Audu-
bon County, Iowa, averring that he
is the absolute and unqualified owner
in fee simple of the South East quar-
ter of the North East quarter, and
the North half of the South East
quarter, and the South West quarter
of the South East quarter of Section
Is, in Township 78, North, of Range
So West S p. M in Audubon County,
Iowa, and that he owns, holds and
claims same by a regular, consecu-
tive chain of title, direct from the
United States to himself. Can abb
stract of the title is set out at length
in petition.) And averring that he is
in actual possession of the whole OF
said premises, and that he and those
under whom he claims title, owner
ship and possession thereof have been
in the actual, visible, distinct, open,
notorious, exclusive, hostile, adverse,
continuous possession thereon, IN
good faith, under claim of right, title,
ownership and color OF title, as
against each and all OF the defend
ants aforesaid for 40 years last past.
That Plaintiff is credibly Informed by
the public records of Audubon County,
Iowa. and from other sources, and
believes that the defendants afore-
said make some claim to said prem
Uses adverse to the claim, title, own
ership and possession of Plaintiff
thereto. That the manner in which
said claims of the defendants, re-
spectively, arose or were derived, eX-
cept as stated in the petition, are I'M
known to Plaintiff, and that he is I'M
able to state more fully how the same
arose or were derived by them. But
undC Sdlu CldllilS VI aSlCAuoAAeS oiS "Ai
founded, invalid. inequltable and un-
lawful and of no validity, against the
title, ownership and possession OF
Plaintiff and that said claims OF
defendants are clouds upon the title
of Plaintiff to said premises, which he
seeks to have removed.
He AYERS that one George w. Cald-
we'll and wife conveyed TO one James
S. Smith by deed dated Dec. IL, 1868,
the South East quarter of the North
East quarter of said Section Is. That
by clerical error the name OF said
grantor was written In said deed,
George M. Caldwell and G. M. Cald-
well and G. w. Caldwell. That by
mutual oversight and mistake OF the
grantors and grantee as to the con-
tents of said deed, it was delivered
by the grantors to the grantee, who
accepted same in ignorance of said
mistakes and misnomers. That the
correct name of the grantor was
George w. Caldwell, etc.
He AYERS that on or about Feb. .,
1869, one Angelina j. Mckay executed
to one j. B. Stewart Power of Attor-
ney dated Feb. 8, 1863, to sell and
convey portion of the premises in
controversy. That said grantor
signed said instrument as A. J. Nc
Kay and that her full name was An
geline j. Mckay, etc.
He AYERS that one Horace Everett