Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-12-05
Legal Notice
Original Notice.

In the district court Of Wapello county
Iowa. John Dykstra, A. N. Van del
Linden and George G. Gaass, plain
tiffs VS.. Daniel K. Raymond, ct al
and the unknown claimants Of the
property hereinafter described. de-
PENDANTS.
TO Daniel K. Raymond, D. r. Ray
mond, Elizabeth B. Raymond, Alva
Raymond, Anna Raymond, Benz. Stout
Mary Stout, Andrew Cowan, Jennette e.
Cowan. Samuel l.. Kavanaugh, Add1e
Surbaugh, Thomas Surbaugh, Frank
Burns, Walter j. Lafferty, May Sher-
| wood, T. c. Sherwood, w. c. Kavan-
augh, M. E. Kavanaugh, d. f. E. Mil
property hereinafter described:
You and each Of you are hereby no
titled that there is now on file in the
office of the clerk of the district court
of WapellO county,, Iowa, the petition
Of the plaintiffs claiming that they are
the absolute owners in fee simple of
the following described real estate sit
uated in Wapello county, Iowa. to-wlt:
Part of the E1a of the SWM of sec. 8,
Sc corner Of SWA, thence N. 1870 E.
31.50 chains, thence N. 67ko w. 1854
chains to point 2.97 chains S. Of NV
corner Of E1s Of SWA, thence S. to
SW corner Of E1a Of SWA, thence E.
to place of beginning; also part of
SWN Of NWA in sec. 9, beginning at
a stone 3.59 chains N. Of SW corner of
NWA of said section, thence N. 16.41
chains, thence E. 9.99 chains, thence S.
20 chains. thence w. II links, thence N.
69Ho w. 9S9 chains to beginning,
1884 acres, all in twp. 70. R. is, and
that said defendants or any Of them
have no right, title or interest in said
real estate or any part thereof; said
petition alleges that on May IL, 1864,
Alva Raymond and Daniel K. Ray
mond took title from Bird Pritchett for
said tract of land in said section, town.
ship and range described as follows:
Commencing at stone near NE cor
ner Of VIZ of SWA Of said section,
EQdyville to Ottumwa to an oak
stump on the E. side Of the creek and
to the line then owned by F., r. Man
ming, thence southwesterly in a
straight line to a stake on the section
line of said Manning's land, thence
westerly along said section line to
stone cornering the land of said F. r.
Manning; that on April Is. 1865, D. r.
Raymond and Elizabeth B. Raymond,
his wife, Alva Raymond and Anna
Raymond, his wife. conveyed to Ben
jamin Stout the same tract or piece of
land under the same description: that
by deed acknowledged March 10. 1859,
Benjamin Stout and Mary Stout, his
wife, conveyed to Andrew Cowan the
same tract or piece of land under the
same description; that by deed dated
September 8, 1870, Andrew Cowan and
Jennette e. Cowan. his wife, conveyed
to Richard Butcher the same tract or
piece Of land under the same descrip-
finyo. ~ cold iro
curate and erroneous and the correct
description is as hereinbefore given Of
the tract in said Ek of SWA Of said
sec. and asking to have said correc-
ton made accordingly: that said DAN
lei K. Raymond and D. r. Raymond is
one and the same person; that on
February 26, 1887, Samuel Il. kavan-
augh and wife conveyed to John H.
Miller the undivided II interest in
the tract or piece of land described as
w. IS acres Of VIZ Of SWA Of sec. 8,
twp. 70, R. Is in Wapello county, Iowa;
that on April 26, 1887, Elizabeth Smith
conveyed to John H. Miller the undi-
vided IL interest in said tract or
piece of land under the same descrip-
ton; that said Elizabeth Smith is now
deceased and the defendants, Addie
Surbaugh, Frank Burns, Walter J. Laf-
ferty and May Sherwood are among
her heirs and that Thomas Surbauoh is
the husband Of Addie Surbaugh and T.
c. Sherwood is the husband of May
Sherwood; that September 8, 1887, w.
C. Kavanaugh and M. E. Kavanaugh
his wife, and D. e. E. Miller conveyed
to John H. Miller the undivided 81 in
terest In said tract or piece of land I'M
der the same description; that said de-
scription Of said tract or piece of land
was inaccurate and incorrect and the
tract intended to be conveyed is as
hereinbefore described as the tract in
the said SWA Of NWA in said sec.
s and asking to have same corrected
accordingly; that the same relief is
asked against the unknown claimants
of property of all the defendant here
matter named to whom this notice is
directed as it is not known where they
reside. whether they are living or dead,
and as to their spouses, heirs and
legatees, to-wit: Daniel X. Raymond,
D. R. Raymond, Elizabeth B. Ray
Benjamin Stout, Mary Stout, Andrew
Cowan, Jennette E. Cowan, D. E. e.
Miller, that the correct surname is
"Kavanaugh"; and asking to have the
same SO declared as against Samuel L.
Kavenaugh, as his name is spelled in
his deed and as against w. G.. Kavan-
agh and NJ. e. Kavanagh as their
names are spelled in their deed; that
the plaintiffs have made diligent search
and inquiry as to the facts and names
and places of residence Of the surviv
ing spouses, heirs at law, and devisees
Of the said defendants just hereinbe
fore named and have been unable to
learn their present places of residence
or whether they are living or dead or
the names or the residences of their
surviving spouses, heirs at law, and
devisees, and for that reason make
their unknown surviving spouses, heirs
at law and devisees parties defendant
herein as unknown claimants of prop
erty. that the interest they have or
claim to have in said real estate is
such as they may have taken as sur
viving spouses. or by Inheritance or