Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1912-09-04

limitations; that the rights or claims
of rights, of the unknown defend
ants, in said premises are based upon
as this plaintiff believes, some rights
coming to them by, under or through
the specifically named defendants,
but more specifically as to their
claims or rights, this plaintiff cannot
state; that plaintiff is unable to
learn the names and residences of
the unknown defendants, though he
has searched diligently therefor; that
defendant, James Cutler, and James
Z. Cutler, grantor in certain deed,
more specifically described in said
petition, are one and the same per-
son; that defendant, George Stortz,
died intestate, October 18th, 1905,
in Winneshiek county, Iowa, that his
estate was duly administered in Win
neshiek county, Iowa, indeXed in the
Office of the Clerk of the District
Court in said County, in Index "I''
on page rs thereof; that he left, him
surviving, no widow, and as his only
surviving heirs at law, John Stortz,
q brother, Theresa Stortz, sister,
Johanna StOrtZ, a sister, Andrew
Stortz, a brother, Charles Stortz,
brother, (the plaintiff herein), John
Hauprichs, nephew, Charles Haup-
richs, nephew, Mary Pinegar, niece;
that defendant, Emily Stortz, is the
wife of said John Stortz; that Their
esia StortZ, intermarried with one
80. Albrecht, and afterward died;
that she and her said husband were
non-residents of the State of Iowa;
that on her death she left her sur
viving, as her only heirs at law, de-
PENDANT, Nellie Feyen and Emil Fey
en-, her husband, Josie Albrecht, JOS
eph Albrecht, Henry Albrecht, Helen
Albrecht, John Albrecht, and Charles
Albrecht; that said George Stortz
died seized in fee simple of an un-
divided one half interest in the here
in described real estate; that after
the death of said George Stortz, an
action in Equity, Number sos, was,
by the heirs of the said George
Stortz, instituted in the District Court
of Iowa in and for Winneshiek coun-
ty, docketed in Docket L, on page
305, and recorded in Book 20" on
pages 176 and 230 thereof in the Of
flee of the Clerk of said Court, in
which action Johanna Stortz was
plaintiff and Theresa Albrecht and
all the other heirs of said George
Stortz, together with their spouses,
were made defendants, and duly
served with legal notice; that said
action was a combine proceeding to
quiet the title upon the herein de-
scribed premises, with other lands)
in favor of the heirs of said George
Stortz, and to partition the interests
of said heirs in said lands; that in
said proceedings it was intended by
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 INSIDE
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 of 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-nnhe 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 &C
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 &C
ton; that defendant, A. Bradish,
is the same identical person as the
grantee A. Bradish in certain mort