Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1912-07-24
Original Notice.

In district court of Iowa, in and
for Winneshiek county, September
term, 1912.
John Gerber, plaintiff, VS.. E.
G. P. Mittleberger; A. H. Mum
no, David Henry Frost and See
ly & Shaw, and their unknown
grantees, spouses, mortgages, as
signs, and if deceased, their unknown
heirs at law, devisees, legatees and
legal Representatives and all claim
ants of the east forty-five acres of
the north half of the northwest quar-
ter of section five in township ninety
eight north range ten west Of the 5th
p. M, Winneshiek county, Iowa, de-
PENDANTS.
To the above named defendants:
You and each of you are hereby
notified that there is now on file in
the office of the clerk of the district
court of the state of Iowa, in AID
for Winneshiek county, the petition
of the plaintiff, John Gerber, claim
ing that he is the absolute owner in
fee simple of the following described
real estate, to-wit: the east As acres
of the north one-half of the n. W.
ole-fourth of sec. 3, township 90,
north, range 10 W. of the 5th D. m. !;
that plaintiff and his grantors, under
whom he claims title, have been for
more than ten years last past, and
plaintiff is now in the actual, con-
tiluous, visible, exclusive and adj
verse possession of said real estate
under color of title and claim of
right.
That he is creditably informed and
believes that the defendants make
some claim thereto adverse to his
right and title therein, but in fact de-
PENDANTS have no interest in said real
estate and any interest that may APP
pear of record title thereof in them
is cut off by actual payment and con-
yeyances and is barred by the statute
of limitations: that the residence of
all OF said defendants and the names
and residence of the unknown defen-
dants and unknown claimants are
unknown to the plaintiff and he has
sought diligently to learn same.
That the apparent interest of the
defendants and the unknown claim
ants under each of them respective
ly is derived by reason of the fol-
lowing conditions of the record title,
and the mode of devolution thereof
in each instance as is hereinafter sta
ted, to-wit: The defendant, e. P.
G. Mittleberger, acquired interest
therein as mortgage of the north
" of the NV a of sec. 5, twp. SO
north, range 10 W. 5th p. m, on Dec.
&c, 1857, but never satisfied same of
record.
The defendant, A. H. Munro, ac-
quired title to the north p of the
NV. u sec. 5, twp. SO north, range
10 W. 9Th. p. m, and conveyed the
same to Robert Fraser, but signed
his name as Alexander H. Munro in
said conveyance and the said A. H.
Munro and Alexander III. Munro are
one and the same person.
That the defendant David Henry
Frost acquired title to the north "
of the NV. "a of sec. 5, twp. 9S north,
range 10 W. of the 9Th p. M, and con-
veyed same to Charles Clark, but
signed his name David H. Frost in
said conveyance and said David
Henry Frost and David H. Frost are
one and the same person.
That the defendant Seely e
Shaw was a copartnership, it's men,
bers being, C. M. Seely and Daniel
Shaw, and it acquired title to the
north y of the NV. a of sec. 5, twp.
90 north, range 10 W. 5th. p. M, and
conveyed same to Warden Strother
in their individual names as G. NJ.
Seely and David Shaw and said See
ly of said copartnership and c. M.
Seely are one and the same person
and said Shaw of said copartnership
and Daniel Shaw are one and the
same person.
For further particulars as to con-
veyances herein with book and page
where recorded you are hereby re-
ferred to the petition now on file.
and plaintiff asks decree of said
court Quieting the title in him and
forever barring and estopping the
defendants and all persons claiming
by, through or under them or eth
err of them from having or claiming
any interest in said premises adverse
to his title.
And that unless you appear there
to and defend OIL or before noon of
the second day of the September
term 1912 of said court, which will
commence and be held at DEBORAH
in said county. on Monday. the 23d
day OF September A. ID. 1912, default
will be entered against you and a
judgement and decree rendered
there on.
A. f. BARKER,
Attorney for Plaintiff.
The foregoing original notice Is
approved and ordered published four
consecutive weeks in the Public Opin'
ion, a weekly newspaper published
at DEBORAH, Winleshiek county, To-
wa, the last publication to be not less
than ten days before the first day OF
the said term.
Witness my hand this 18th day Of
July, 1912.
L.. f. FELLOWS,