Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-02-29
ORIGINAL NOTICE.

ORIGINAL NOTICE.
To Richard G. Montory. Richard G..
Montony, Richard G. Monteny, Rich
ard G. Monorey, r. G. Montory. +. G..
Montony. R. G. Monteny r. G. Mon
torey, Hugh D. Downey. II. D. Dow
ney. VIM. W. Aberry 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. ~ of the North East Quar-
ter tS. E. ~ and the South East
Is. E ~ Quarter Of Section Thir-
ty-two (32). Township Eighty three
(sS). Range Seventeen CD west OF
the fifth p. m. Of Iowa.
You and each Of you are hereby noti-
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 ron the
quieting of the title 10 the South Half
Is. ~ of the North East quarter On.
E ~ and the South East Quarter
IS Z. ~ Of Section Thirty-two (S2).
Township Eighty three Cs3) Range
Seventeen 40, west Of the fifth p n.
of Iowa
That Henry A. Fuller one Of the
plaintiffs herein is the owner Of The
South Half Is. is) Of the South East
Quarter IS E ~ OF Section Thirty
two Township Eighty three Range
Seventeen aforesaid and
That stephen H Fuller the othe-
plaintiff herein is the owner OF the
South Half IS. ~ OF the North East
Quarter On. z. L and the North Half
On. - Of the South East Quarter IS.
E. ~ Of Section Thirry-t~u Tc--
ship Eighty three North of Range
Seventeen West OF the fifth ?. n. Mar
shall COUNTY Iowa. as aforesaid
That re claim title by prior granto-s
for more than twenty years last past
That these plaintiffs and their eranto7s
through who they claim title have been
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 sd
verse TO these plaintiffs in said land
and that certain clouds exist upon said
title coca stoned by certain errors and
mistakes or oversight: that the in
terests of the said defendants whether
known or unknown IS barred oE the
statute of limitation. That these plain
tiffs aIege and believe the fact TO De that
the Richard G. Montory who received
title by warranty deed 10 the real es-
tate described above OF date April sth.
1856. from James L. Plat said deed
being recorded in Book E. Page 1!o
Of the records of Marshall County.
Iowa. and the P G. Monlory who con-
veyed the same 10 James L. Plat OF
date March 22d. 1855. 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. MontoTv ard
that wherever spelled otherwise it was
on account Of the mistakes or oversight
Of the scrivener or officer making the
said record.
That the said P G Montorv exc
cuted mortgage 10 one VIM. ". Al
berry Of date September 18th. 1856
said instrument being filed Of record
September 18th. 1856 in Book 3. Page
4s1 of the records Of Marshall Coun-
t.. Iowa That the said mortgage as
aforesaid was released by " P Hep
burn a-tornev in fact for H D. Downev
to whom said mortgage was assigned
by said Alberty but that the record
fails 20 disclose said assignment or the
power OF attorney from II. D. Dorney
10 ". P Hepburn b21r these plaintiffs
aIlege the fact to be that said U-m W
AIberty did n fact assign the said
mortgage 70 Il. D Dovnev and that
the said 4 D Dowrey did grant q
power Of attorney 70 X. P. Hepburn 70
satisfy and release mortgages OF record
FOR and in his stead
That James L Plat and wife exc
cuted q mortgage Of date January 1Ith
1860 70 Hugh D Downev ard which
mortgage was fled -or record Januarv
5oth. 1860. and recorded in Book .
Page SIS Of the records Of Marshal
Courty. Iowa That Il D Downey
executed Qui, Claim Deed Of date
October -oct 1885 which was Sled far
record January 18th 1855 IL Boo:. Il
Page Us of SAID records. That -he
Hugh D Downey who received said
mortgage and the H D. Downey who
released the same b. 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 granIors during ali Of
said time and said taxes have not been
repaid or any offer Of repayment made
That the residences and names Of the
unknown defendants are unknown to
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 some
interest in and to said real estate by
virtue Of their being heirs, devisees
Iegatees and assignees of the named
defendants and all their claimed inter
ests have been 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
knoW 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
MarshaIltown, Iowa, on the 18th day of
March A. D. 1912, your default wilE
be entered and a judgment and decree
rendered thereon as prayed for in said
petition.
Dated this 7th day Of February A. D.
1912.
a. c. LOUNSBERRY.
Plaintiffs Attorney