Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-07-30
ORIGINAL NOTICE.


Lydia Davis, Donald AicKinnon and
the unknown spouses. heirs, lcgatees.
devisees, assignees and creditors Of
the Aforesaid parties and the un-
known claimants. sane, insane or
minors. Of the northwest quarter OF
the southwest quarter and the east
half Of the southwest quarter OF the
southwest quarter, and lot one %
Of the northeast quarter OF the SOUTH
west quarter, and lot two (2) of the
southeast quarter Of the southwest
quarter and the east Ave 60 acres OF
tho west one-half southwest quarter
CT the southwest quarter. all being In
section twenty-one (21) township IS
north. range - west Of the 5th p. M,
Marshall county. Iowa
You and each Of you are notified that
there Is now on file in the Office Of the
clerk Of the district court Of Mar
shall county, Iowa. the petition OF
George A. turner, as plaintiff, wherein
he claims 70 be the owner in fee of
the Aforesaid land. It II alleged therein
that the said Mary A. Davis and Mary
Almeda Davis 10 the same person and
that she acquired part Of the above
land as an heir of David Davis. de-
ceased and that she died Nov. Is. 1854.
? but no record appears of her having
divested herself of said property. nor
IS there any record OF her death. nor
Of the administration Of her estate. but
she did IN fact leave the following a.
her only heirs: Lydia Davis, her
mother. and Robert NJ. Davis. Cornelius
J. Davis, Hannah NJ. Davis. William
II. Davis, Elwood v. Davis and Elihu
Z. Davis. her brothers and sisters; said
Mary A. Davis or Mary Almeda Davis,
hat nd
dren at her reath. That her aforesaid
heirs did acquire all her interest there
in and afterwards fully conveyed all
OF said interest therein to the grantors
OF this plaintiff. Plaintiff also alleges
that Lydia Davis did remain the widow
Of said David Davis until she married
Joel Adams, prior TO Sept. %, 1873, and
that she is the same person as Lydia
Adama, grantor Of part Of the afore-
said land by deed to Joseph Mckee
and Emma W. Black. dated April 26
1875, and recorded In book Il, page 273
Of the deed records of Marshall county.
Iowa. and also the same person as
Lydia Adams. grantor in a deed for
part Of said land to E. T. Davis dated
Sept 90, 1875, and recorded in book
SO. page $50 Of said records, she not
being identified OF record as being the
e0h0 pSJUOu ID 0hlO tIAuS4Ct1OuS @AlSO
that Lydia Davis right OF dover. as
set on to her by court shown in pro-
bate general index, pages 120 to 1928
and probate record No. 2, pages PIT
to 2Ss. was wrongfully described. Plain
~tiff also alleges that Donald McKinnon
N>saims some right or title to said prem
ise.hy reason OF his having improper
1y x. csxledged release Of a GER
tain mo. re, executed to him by A.
D. HanesA Ated March 3. 1894. and
said release dated Nov. %, $685.
and recorded h, ok 217, page So of
said Marshall CO.. " records, the
ACKNOWLEDGING OF Said release not
being taken before q proper officer. as
by law prescribed. That each and all
Of defendants named has become alb
solutely Invested Of their right, title
and interest in and to said land having
absolutely conveyed the eame to the
grantors Of this plaintiff That all
all unknown defendants. as heirs.
spouses, devisees. legatees. assignees
and creditors of said named defendants
arise from the above mistakes, clouds
6nd naws in plaintiffs title but that
all such claims have been Invested as
stated and barred by the statute of
limitations, "a plaintiff and his grant
ors have held said land in open, adj
verse, notorious and hostile possession
under claim Of right and color Of title
for more than forty years. For fur
Their particulars see petition on file.
Now unless you appear and make de-
Tense to said petition on or before noon
Of the second day of the next August
term Of said court. to be begun and
held in the court house at Marshall
town, Iowa, on the 2Sth day of August,
1912. your default will be taken and a
judgment and decree entered against
you. as prayed for IN said petition.
Dated at Marshalltown, Iowa. this
18th day OF July, 1912.
GEORGE A. TURNER
Plaintiff.
c. C. CASWELL.
Attorney.
The foregoing original notice. after
an inspection Of the same and OF the
petition OF the above named plaintiff. |
is by me approved. this 18th day Of
July, 1879. and the said notice is or
dered published in the Narshalltown |
Times Republican. newspaper Of gen.
eral circulation. for four consecutive |
weeks, - by law prescribed.
CLARENCE NICHOLS.
Judge. !