Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-12-04
ORIGINAL NOTICE.

IN the district court OF iowa In and
for Marshall County.
Rusie Bros. James 8. Rusie. John
Ruais. G. o. Rusie. plaintiffs, VI. 1uclan
Epellman. Mrs. Lucian spellman. his
wife. Tim spellman. Timothy Spell-
man, Cynthia Spellman, his wife, Delos
Arnold, Mrs. Delos Arnold. his WIFE,
George Kroser, Mrs. George Kroger.
his wife. James b. Thomas, J. b.
Thomas, 1rena A. Thomas. his wife. +.
NJ. Thomas, Mrs. F.. NJ. Thomas, his
wife. Willie Thomas. single, and any
and all unknown heirs or descendants
of each and al Of said defendants.
whether Sane or insane or minors. and
all persons under legal disability. also
all their heirs dev1sees, assignses,
creditors. spouses. surviving spouses.
ana all unknown claimants to, Any
right, title or interest In and to the Nh
of the Sw. 4 and the 8. u Of the
N.w.H. all IN section No. g.. towns
shin No. 81. north. and Orange No, ~
west Of the 9Th p. NJ. Of Iowa. ds3end$
ants. ~ .agS
To the above named defendants ana
unknown claimants: ''
TOu and each OF you are hereby noti-
ned that there is now on file In the
office Of the clerk Of the district court
in and for Marshall county, Iowa, the
petition Of Rusie Bros, Jam - 8. Rusie,
John Rusie and c. o. Rusie, claiming
that they are the owners IN fee simple
to and praying for the quie:'h3 of the
title In them to the following described
real estate situated in the county OF
Marshall and state OF Iowa, to-wis:
The Nh Of the S.W.A and the s.h
Of the N.W.A, all in section 3. town.
ship "a, range 10 west OF the 9th =. III.
Of Iowa.
That they derived title to said
premises by patents from the United
States, and through conveyances from
william III. Evans, and wife, Thomas
Macy and wife. James B. Thomas.
Joseph 8. Graham and wife, Lucian
Spellman and wife, Tim Spellman.
Timothy Spellman and wife. Cynthia
Spellman, the estate Of James h.
Thomas. deceased, the estate Of F. NJ
Thomas, deceased, the estate Of Willie
Thomas, deceased, and by purchase
from the estate Of 1rena A. Thomas,
deceased. That James B. Thomas and
J. b. Thomas was one and the same
person. and Tim Spellman and Timothy
specimen was one and the same person.
But that the deeds Of conveyance from
Lucian Spellman to Tim Spellman ant.
Cynthia Spellman and from them to j.
3 Thomas were lost or destroyed. That
the estates of James B. Thomas. F. NJ.
Thomas and Willie Thomas were
settled and all debts paid.
Also claiming that the tax deed to
Deios Arnold to the 81 Of the N.W.A
OF said section, township and range and
tho quit, claim by him to George
Kroger of the S.h Of the N.W.A and
- voVoY0f0oQ
{ were null and void. and asking that
same be set aside, and that they and
neither of them ever paid the taxes on
said premises, or were ever in posses
sion thereof. nor made any claim there
to- but that tho plaintiffs and their
Rrantors have been in continuous. open,
notorious ana adverse possession Of said
reemises from the dates Of the patents
down TO the present time. as will more
fully appear by reference to said petit
zion nov on flle, to which you are
referred for further Information.
That al the defendants herein
named and specified are made defend.
ants ON account Of some right or claim
they do or might assert in and to said
premises. which are unknown to these
plaintiffs a. 10 also the residences OF
such defendants and claimants, al
though they have diligently sought to
learn Of same but unable to do 30. and
praying in-said petition that the claims
Of all Of said defendants be without
right or merit and forever barred n
ana to 6aid premises and that the
title thereto be quieted and established
In plaintiffs.
Now unless you appear ana make de-
Iense thereto at or before noon Of the
second day of the next January term
OF court TO be begun and held at Mar
shalltown, lows, on January 5. 1914,
your default will be entered and q
Judgment and decree rendered theron
q prayed for in said petition.
Dated this 18th day Of November A.
.. 1918. ss. =.
q 3 JAMES g. RUSIE,
JOHN RUsIE,
4 3 6. O. RESzE,
, sfsi ~ = E1o1ntt6D.
,.i4E; ny HOLT q TANKERSYa1Y.
s. Their Atternsysy
!; * y y ~ q Sss