Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-02-22

ara Vi. MOnOESy, -hoillols' ~ ~
Montony, r. g. Monteny. r. G. Mon
torey, Hugh D. Downey. H. D. Dow
ney, VIM. w. 4Alberty and their un-
known heirs and their unknown hus-
bands and wives and descendants
and the unknown claimants whether
minors, sane or insane or other per-
sons under disability of the South
Half Is. W Of the North East Quar-
ter On. E. ~ and the South East
Is. e. ~ Quarter of Section Thir-
ty-two (32l, Township Eighty-three
(s3). Range Seventeen G7) west OF
the fifth D. m. OF Iowa.
Vow ard each Of -o. arc hereby nett
fed that there is now on file in the
office of the Clerk of the District Court
of Iowa in and for Marshall county, the
petition of Henry A. Fuller and
Stephen H. Fuller claiming Of you the
uuieting Of the title to the South Half
Is. ~ Of the North East quarter On.
f. " and the South East Quarter
(S. f. ~ Of Section Thirty-two (32),
Township Eighty-three (ss) Range
Seventeen 90, west Of the fifth p. m.
Of Iowa
That Henry A. Fuller one Of the
plaintiffs herein is the owner Of the
South Half Is. ~ of the South East
Quarter g. E. ~ of Section Thirty
two. Township Eightythree, Range
Seventeen aforesaid and
That Stephen H Fuller the other
plaintiff herein is the owner OF the
South Half Is. " of the North East
Quarter On. z. ~ and the North Half
IN. NJ of the South East Quarter Is
E. " Of Section Thirty two, Town
ship Eighty-three North of Range
Seventeen West of the fifth p. m. Mar
shall county. Iowa. as aforesaid.
That we claim title by prior grantors
for more than twenty years last past.
That these plaintiffs and their grantors
through who they claim title have been
in continuous, open, adverse and no
torious possession for more than the
period Of Limitation. That the de-
PENDANTS and each Of them have or
claim to have some right or title ad-
verse to these plaintiffs in said land
and that certain clouds exist upon said
title occasioned by certain errors and
mistakes or oversight; that the In
terests Of the said defendants whether
known or unknown is barred by the
statute Of limitation. That these plain
tiffs allege and believe the fact to be that
the Richard G. Montory who received
title by warranty deed to the real es-
tate described above Of date April 6th,
1856, from James L. Plat said deed
being recorded in Book E. Page 172
of the records of Marshall County.
Iowa and the r. G. Montory who con-
veyed the same to James l.. Plat Of
date March 22d. 1853. same being re-
corded in Book Q Page l OF the records
Of Marshall County, Iowa. were one
and the same identical person wherever
the said name appears throughout this
title it being Richard G. Montory and
that wherever spelled otherwise 1t was
on account of the mistakes or oversight
Of the scrivener or officer making the
said record
That the said r. G. Montory exc
cuted a mortgage to one VIM W. AL
berty Of date September 18th, 1855,
said instrument being filed Of record
September 18th. 1856. in Book B. Page
4s7 Of the records Of Marshall Coun-
". Iowa That the said mortgage as
aforesaid was released by W. P. Hep
burn attorney in fact for n. D. Downey
to whom said mortgage was assigned
by said Alberty but that the record
fails to disclose said assignment or the
power Of attorney from H. D. Downey
to w. P Hepburn but these plaintiffs
allege the fact to be that said VIM. W.
Alberty did in fact assign the said
mortgage to H. D. Downey and that
the said H D. Downey did grant a
power Of attorney to W. P. Hepburn to
satisfy and release mortgages of record
for and in his stead.
That James L. Plat and wife exc
cuted mortgage Of date January 18th,
1860 to Hugh D. Downey and which
s0th. 1850. and recorded in Book O.
Page SIS OF the records of Marshall
County. Iowa That H D Downey
executed a Quit Claim Deed of date
October 10th. 1865 which was fled fol-
record January 18th. 1855. in Book 13
Page 25s of said records. That the
Hugh D. Downey who received said
mortgage and the H. D. Downey who
released the same by quit claim deed
was one and the same identical person
That the taxes assessed against said
land have been paid by the present
owners and their grantors during all OF
said time and said taxes have not been
repaid or any offer of repa yment made
That the residences and names Of the
unknown defendants are unknown &c
these plaintiffs although they have
diligently sought to learn their names
and residences but can not do so.
That the defendants designated as
unknown have or claim to have soma
interest in and to said real estate by
virtue Of their being heirs, devisees
legatees and assignees Of the named
defendants and all their claimed inter
ests have been heretofore Invested anc
barred by the same means and in the
same manner as the claimed interests
of the named defendants.
For further particulars see petition
now on file.
Now unless you appear and make de
Tense thereto, on or before noon of the
second day Of the next March term Of
said court, to be begun and held a.
Marshalltown, Iowa, on the 18th day o
March A. D. 1912, your default viii
be entered and judgment and decree
rendered thereon as prayed for in sait
petition.
Dated this 7th day Of February A. D
1912.
II. c. LOUNSBERRY.
Plaintiffs Attorney
ORDER OF JUDGE AS TO ORIGINAL
NOTICE
The above and foregoing origina