Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1912-08-21
ORIGINAL NOTICE.

James Cutler, James B. Cutler, L. d.
Blackmarr, Ansel Rogers, Silas
r. Rogers, Nathan Rogers, Wash
ington Epley, Henry N. Chap
pei, Henry ~ Chappell, John l.
Tavernier, Isaac Gidley, Isaac NJ. Gid
ley, Halver Olson, Georgen Iversor,
A. Bradish. Eliza Bradish, his wife,
Ole G.. Thompson, Ole S. Thompson,
=. Thompson, his wife, Ole
P. Amundrud. George Stortz, deceas-
Theresa Albrecht, Johanna Stortz,
Andrew StortZ, and Margaret Stortz.
his wife, Charles Hauprichs, and
...... Hauprichs his wife, john
Hauprlchs, and Haup-
richs, his wife, Mary Pinegar, and w.
E. Pinegar, her husband, Nellie Fey
EN- and Emil Feyen, her husband,
John Stortz and Emily Stortz, his
wife, Josie Albrecht, Joseph Albrecht,
Henry Albrecht, Helen Albrecht, John
Albrecht, Charles Albrecht, heirs at
law of said George Stortz, deceased,
Mrs. William Boorman, and all the
unknown heirs of Mrs. William Boor-
man, and all the unknown spouses,
heirs, devisees, legatees, grantees,
mortgages, trustees, and cestuis que
trust of the foregoing, and all the un-
known owners or claimants of any
right, title or interest in or to Lot
Four (4) of the South west one
fourth of the South east one fourth
of Section Twenty-four, Township
Ninety-nine North, (Lot of S. w.
Il of S. E. NJ. of Range Eight (S)
west of the Fifth Principal Meridian;
also Lot Two CO of Lot One Cd of
the Northwest one fourth of the
1, of N. w. a of N. E. "a of Sec
ton Twenty-Five, (25) Township
Ninety-nine North go NJ, of Range
Eight West of the Fifth Principal
Meridian, all the foregoing described
real estate being in Winneshiek
county, Iowa, as shown on recorded
plats, filed in the Office of the Rec
order of Winneshiek county, on res
pectively, December 18th, 1889, and
March 18th, 1875, and recorded in
Book S on pages, respectively, 143
and 144 thereof, Defendants.
To the above Defendants.
You, and each of you, are
hereby notified that there is
now on file in the Office of the
Clerk of the District Court of Iowa
in and for Winneshiek County, the
Petition in Equity of this plaintiff,
wherein plaintiff states that he is the
a absolute owner in fee simple of Lot
Number Four (4) of the Southwest
one fourth of the southeast one fourth
Lot of S. w. "A of S. E. NJ, Sec
ton Twenty-four, aud Lot Number
Two CD of Lot Number One Cd
(Lot 2 of Lot l. of the North west
fourth of Section Twenty-Five, all the
foregoing being in Township Ninety
nine, North, go NJ of Range Eight,
West of the Fifth Principal Meridian,
in Winneshiek county, Iowa, accord
ing to plats on file in the Office of the
Recorder of Winneshiek county, Iowa
in Book s on pages 143 and IA
thereof.
That for a period of more than
ten years last past the plaintiff, has.
openly, VIGOROUSLY, uninterruptedly,
under color of title and claim of
right, held possession of said prem
Uses, adversely as against all others,
excepting as stated in said petition;
that plaintiff is credibly informed and
believes that defendants make some
claim of a fee simple interest in said
premises adverse to the plaintiff, bas-
ing their claims upon grants, inherl-
tances, devises, rights as spouses, by
under or through other defendants,
but the plaintiff states that any rights
which any of the defendants, except
as is in said petition stated, may have
once had, in said premises, have long
since been barred by the statute of
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 or
the unknown defendants, though he
has searched diligently therefor; that
defendant, James Cutler, and James
L. 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,
brother, Theresa StOrtZ, sister,
Ir,h n.fu ciC nj rn M
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
+. .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 $50 thereof in the Of
flee of the Clerk Of said Court, in