Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1912-12-18

In District Court OF the state OF iowa,
In and For Delaware County.
| March Term. 1918.
John Hammerand. Plaintiff.
The Unknown Claimants Of the soutl,
Township Eighty Nine (ss). North Range
| Five (5). West OF the Fifth r. n; also
tract Of Iand descf1oed BY metes a tha
South West corner OF the North Half
| Q-2J OF the North East Quarter Q-4)
OF said Section Three (3). thence East
l-2@ Of said North East Quarter Q-4)
Of said Section Three ~, Eighty nine
$3.50 rods, thence North Seventeen 81
rods. to the right of5Way Of the &C Chi 4
a Westerly direction along the South line
OF the right of-way: Of said Ry. Co. to
the West line OF the said North EIalf
1-45 Of said Section Three az. thence
South to the place Of beginning. Alex;
ander H. Swiger. A. II. Swiger, Daniel
Alien. I T. Z. Aiiin, and Daniel Ferris,
To said defendants:
You. and each OF you. are hereby mott
fled that there Is now on file in the Of
flee OF the Clerk OF the. District Court
OF Iowa. in and for Delaware County.
the petition in equity Of the above
things. that he is the absolute owner
in fee, subject only to mortgage made
by himself and wife. Frances Hammer.
and to the Security i saxnEs Bank aaeS Of
ed real estate situated in Delaware
Quarter u-49 Of the North East Quart
ship Eighty nine tss). North Range
Five (5), West of the Fifth P. NJ: also
a tract of land described by metes and
bounds as foows; c9m%ens Snlth at the
q-2) Of the North East Quarter Cd
Of said Section Three (3). thence East
along the South line Of said South Half
! 9 rods. thence North Seventeen iiT
rods. to the right-of-way Of the Chicago
Geat Ry Go h hen South line
of the right of-wayf of: said lty Co. to
the West lineaofs the. said North Half
a-29 Of the said North East Quarter
South to the place Of beginning. This
last described tract contains Eleven and
Three tenths ~ 800 acres5:of land
That said petition also contains the
following allegations:
That on the 22nd day OF January. 1851.
the defendant. Alexander H. SMiser. be-
came the owner of thu North Vest Quar-
ter C-4) or the North East quarter
i1-4) of Section Three (S), Township
Eighty-nine (s9). North Range Five OH
west Of the Fifth P. NJ. anlfllsfd iced
which conveyed said Forty 8H&SE to him
was duly recorded In the Office Of the
RECORDER Of Delaware County. Iowa. in
Book E. Page 44ss And the plaintiff
AYERS upon; information and belief. that
the said Alexander H. Swiger. and his
wife, Margaret, conveyed said Forty
acres to Elihu C. Harding on the 18th
day of May, 1851. But in executing the
deed OF conveyance to said Elihu c.
Harding he signed his name "a. H.
Swiger' instead of Alexander FL Swig-
err That the Alexander H. Swiger
named as grantee In the deed recorded
in Book E, at page 446, Of the records of
the Recorders office in Delaware Coun-
ty, Iowa, and the A. H. Swiger. who
was one of the grantors named in the
deed recorded in said Recorders office
in Book E. at Page 452, was one and the
same person.
That the defendant, Daniel I. McCauly
became the owner on August 2, 1858,
OF that portion of the real estate de-
scribed in the title hereof, which Is To-
Gated in the North Half Q-2) of the
North East Quarter (1-4) Of said Sec
ton Three cay. And the plaintiff al
ieges upon information and belief. that
the defendant, Daniel I. McCauly. sold
and conveyed the said real estate to one
Samuel Moore on the 18th day Of Aug