Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-02-15

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ORIGINAL NOTICE..
70 Richard G. Montory, Richard -
Montony, Richard G. Monteny.. Rich
ard G. Monorey, r. @. Montory.H q
Montony, r. g. Monteny, r. g! Mon
torey, Hugh ID. Downey, H. d. Dow
ney. VIM. w. Alberty and their I'M
known heirs ana their unknown hus-
bands ana wives and descendants
and the unknown claimants whether
minors, sAne or insane or other per
sons under disability Of the South
Half q. ~ OF the North East Quar-
ter IN. Z. " and the South East
(S e. " Quarter of Section Thir-
ty-two tss3. Township Eighty-three
(S3), Range Seventeen Q7) west OF
the fifth p. m. Of Iowa.
You and each OF you are hereby noti-
Ned that there IL 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
quieting Of the title to the South Half
Is. ~ Of the North East quarter. IN.
E. ~ and the South East Quarter
(S E. ~ OF Section Thirty-twe (32),
Township Eighty three (Ss) Range
Seventeen 17), west OF the fifth p. m.
of Iowa.
That Henry A. Fuller one Of the
plaintiffs herein Is the owner Of the
South Half e. W, OF the South East
Quarter IS. E. " Of Section Thirty
two. Township Eighty-three. Range
Seventeen aforesaid and
That Stephen H. Fuller the other
plaintiff herein 10 the owner of the
South Half (s. ~ of the North East
Quarter IN. E. ~ and the North Half
IN. ~ Of the South East Quarter g..
T.. III OF Secti0n :-,A:.:::ty-twn. 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 adj
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 9Th,
1856, from James, L. Plat said deed
being recorded In Book e, Page l72
of the records Of Marshall County,
Iowa. and the r. G. Montory who con-
veyed the same to James L. Plat Of
date sa1ss YaFsa "a 1 p.s. sane being r..
of Marshall County, Iowa, Were one
and the same identical person wherever
title 1t being Richard G. Montory and
that wherever spelled otherwise it was
on account Of the mistakes or oversight
OF the scrivener or officer making the
said record
cuted a mortgage to one VIM w. AL
said instrument being filed Of record
September 18th. 1856, in Book B. Page
467 of the records Of Marshall Coun-
ty. Iowa That the said mortgage as
aforesaid was released by w. p. Hep
burn attorney IN fact for H. ID. Downey
to whom said mortgage was assigned
by said Alberty but that the record
fails to disclose said assignment or the
~
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. b. Downey did grant
power Of attorney to w. P. Hepburn to
satisfy and release mortgages Of record
tor and in his stead.
That James L. Plat and wife exc
cuted mortgage OF date January 11th.
1860 to Hugh D. Downey and which
s0th, 1860, and recorded in Book o,
County, Iowa. That H. D. Downey
October 10Th, 1865. which was filed for
Page c5s Of said records. That the
~. DOWHSS WIN lCSS1sSu SaNI
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 sbeen paid by the present
owners and their grantors during all OF
said time and said taxes have not been
repaidsor any offer of repayment made.
That the residences and names Of the
defendants are unknown to
these plaintiffs although they have
sought to learn their names
and residences but can not do so.
That the defendants designated as
unknown have or claim to- have some
interest in and to said real estate by
virtue of their being heirs, devisees.
Iegatees ahd- assignees of the named
and ali their claimed inter-
ests havesbeen heretofore Invested and
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 at
MarshailfoWh iowa on the nth day Of