Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1912-08-28

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all the parties to said action, both
plaintiff and defendants, that the
lands affected by said proceedings
should be all of the herein described
premises together with other lands).
but by oversight, error and mistake
in description, both in said action.
and in the Referees deed given in
pursuance of the order therefor.
made in said action, which deed is
dated April 21st, 1906, filed for rec
ord in the Recorders Office in Win
neshiek county, Iowa, June 23rd.
1906, and recorded in Book II, on
page GA thereof, there was a misde-
scription of the lands intended to be
conveyed in that in said action and
said deed the description was, by err
ror, oversight and mistake, given as
Lot Two CD of the Northwest quar-
ter or the Northeast quarter of Sec
ton Twenty-Five, Township Ninety
nine North, of Range Eight, West of
the Fifth Principal Meridian, instead
OF Lot Two CD of Lot One %, of
the Northwest quarter of the North
east quarter of Section Twenty-Five
Township Ninety-nine North, of
Range Eight, West of the Fifth Prin-
cipal Meridian, which latter descrip-
tion was the true and correct descrip-.
ton, and the one intended by all the
parties to said action and in said
deed; that the grantee in said Refe-
ree's deed was the plaintiff in this
action, and that this plaintiff went
into possession under said deed, and
has ever since held possession of said
lands as correctly described, believ-
ing that the description in said ac-
ton and in said deed was correct, and
that this plaintiff first discovered said
error in description about the time
of the commencement of this action;
that as against this plaintiff in this
action all the other parties to said
action are estopped by said action
and by said Referees deed from set
ting up any claims against this plain
tiff's rights in and to the premises
the title to which is sought to be
quieted in this plaintiff in this ac-
ton; that defendant, A. Bradish,
is the same identical person as the
grantee A. Bradish in a certain mort
age dated June 25th, 1870, recorded
in the office of the Recorder of Win
neshiek county, in Book "F'', on page
631 thereof, and AS A. Bradish, gran
tee in a certain Sheriff's deed dated
November goth, 1875, recorded in
said Recorders office in Book 2S, on
page 100 thereof; that the rights of
A. Bradish, grantee in said mortgage
were merged in his rights under said
deed, and said mortgage and ali
rights Hereunder were thereby ex-
tinguished; that defendant, Ole G.
Thompson, grantee in a certain bond
for deed, dated January 23rd, 1880.
recorded in said Recorders Office
in Book 2, on page 333, in which
bond A. Eradish was grantor, was
the same person as Ole S. Thompson,
grantee in a certain deed dated June
both, 1907, recorded in said Record
ers Office in Book 33 on page PIP,
IA. Bradish being grantor in said
decd, and that A. Bradish, grantor
in said bond, and A. Bradish gran
tor in said deed are one and the same
person: that the instruments above
referred to, describe portions of the
lands herein claimed by the plaintiff;
said petition prays that the state
ments and allegations of the various
paragraphs thereof, be decreed to be
true; that plaintiffs title and estate
in said premises be established
against tne adverse claims of the de-
PENDANTS, that said defendants and
all persons claiming by or through
them be barred and forever estopped
from having or claiming any right,
title or interest in or to the said
premises, herein claimed by this
plaintiff, and that the title thereto
be quoted in this plaintiff, and that
any clouds upon the title of plaintiff
in said premises, caused by any in
struments of record, as against the
plaintiff and in favor of the defend
ants be removed, and that any of the
defendants setting up defense to
this action be adjudged to pay the
cost of this proceeding, and for any
other or further relief, which may be
just and equitable in the premises.
You are further notified that UNI
less you appear thereto and defend
before noon of the second day OF the
next term, of said Court, commenc-
ing at the Court House in the city
of DEBORAH, Winneshiek county, Iowa
on Monday the 23rd day of Septem-
Der, A. d. 1912, default will be en-
tered against you, and decree and
Judgment rendered in accordance
with the prayer of said petition.
Boice & Hook,
34-4 Attorneys for Plaintiff.