Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-04-15

the Southeast quarter Csc ~ or the
Northeast Quarter (NE ~ all In
Section Six CO.. ana all In Township
Eighty Ave (ss) North. Range Nine-
| teen (1S) West 5th p. M Marshall
County. Iowa. 5s
| You are hereby notified there 10 now
on file in the office OF the Clerk OF
the District Court Of Iowa In and for
Marahall County the petition Of Mon
roe RASH Everett Rash. and Clifford
Rash az Plaintiffs. claiming Of you
the partition Of and quieting of title
to the foregoing described real prop
| erty. g4
| Also claiming that Denny Davis.
whose wife is Maggie Davis, is the
owner OF a certain share of said real
estate; that Referee should be ap-
pointed and said property sold and att
torneys fees fixed and confirmed
against all Of the shares Of the owners
as set forth in said petition to which.
reference is now made: it Is also asked
that the title be quieted and shares
confirmed in the Plaintiffs and De-
PENDANTS. Denny Davis, Clayton Rash,
Ralph Davis. Esther Rash. Charlotte
Shultz. Ray Davis, Frank Rash, Gertie
Sawin, Rettie Glenny, Hulda Shultz, D.
NJ. Rash, and Clarence Rash. minor.
Also that David Mothersell and
Sabina Mothersell. whose names ap-
pear as grantors In deeds referred to
| in said petition on file, We're husband
and wife at the time Of making said
deeds. that D. Mothersell who took
! title to portion Of said real estate by
deed recorded in Book Z page 551 of
| the deed records of Marshall County,
Iowa, was the same and Identical per-
son as David Mothersoll who conveyed
said premises by deed recorded in
Book page 551, said records; that
Mrs Clarinda Adelia Temple who re-
(! ceived conveyance OF portion OF
said real estate. recorded in Book 81,
/ page 397 and also by another deed re-
corded in Book 81 page 3S7 and
Clarinda A. Temple. who received a
deed to a portion of said real estate
recorded in Book IS. page 4s4 and
Clarnda A. Temple who, made convey
ance of a portion Of said real estate by
deed recorded in Book 90, page 1913 and
by another deed recorded in Book 90.
page 1913 of said records was the same
and identical person.
Also that NJ. E. spake who received
,
estate recorded in Book lis. page 20.
and Madison E. Spake who conveyed
portion of said premises by deed re-
corded in Book 49, page 175, that NJ.
E. Spake who received a conveyance to
portion of said premises by deed re-
corded in Book 11S, page % and who
conveyed as Madison e. Spake by deed
recorded in Book ISL. page IT'S, was
the same and identical person.
That A. F. Haradon, now deceased.
leaving sole heirs, r. II. Haradon and
+. NJ Haradon. received a conveyance
by assignment for the benefit of credi-
tors from NJ. e. Spake, recorded in
Book $50. page 124. and no conveyance
appears of record from said A. F. Har-
adon and it is averred that his heirs
have no interest or ownership in said
real property.
! That James Harren (spelled at times
James Herren) who made conveyance
| to a portion of said real estate with
his wife Elizabeth +. Harren. that Clar
india A. Temple and Edwin Temple
i who also made conveyances to por-
ton of said real estate. also that Will
! liam Whitmore and Lavicy Whitmore.
! his wife, who also made conveyance OF
q portion of said real estate, nor their
heirs If they be deceased, have any
right. title or claim in or to said prem
Uses. notwithstanding any errors Of de-
scription that have been made in said
iconveyances That the debt for securi-
! ~ for which mortgage was made by
James Harren and Wife to David
MotherseH. recorded in Book co. page
500, has been paid and said mortgage
should be cancelled OF record, although
Ia
mortgage to Thomas B. Abel and aft
erWards David Mothersell released
said mortgage: that neither Thomas B.
Abel. nor his heirs II he be deceased,
| have any right. title or interest in or
to the debt secured by said mortgage:
that a mortgage made to John Miller
on portion of said premises recorded
! in Book 81, page 31S. appears to be sat
isfied by D. 3. Miller, but no power OF
! attorney appears to said D. b. Miller
and that said debt has been paid and
the mortgage fully satisfied and is not
a lien because OF non compliance with
the statutes of the state.
| That original entry from the govern
| ,nent of q portion of said land de-
| scribed in Hardin county, Iowa, was
made to Benjamin Neggis and record
ed In Entry Book, page is, OF said
| county June 4th. 1859, Benjamin Neg
us conveyed a portion of said premises
by deed. recorded in Book 20" page
t147, records of Hardin county. Iowa,
and that Benjamin Neggis was the
same and identical person as Benjamin
Ncsus; that Benjamin Negus by deed
recorded in Book tx, page 1872. of the
! records of Hardin county, Iowa. decided
a portion Of said land to Levi NJ. Rash,
and that said deed was intended to
vest the title in Melvin Rash, deceased.
and that said Levi NJ Rash has no
I right or title in to said premises.
4 That the Unknown Heirs of each OF
the above named Defendants and C7-
! known Claimants whether sane, in
sane or minors, are made Defendants
because of any claim they may or
might assert in or to the real property
ldescrihed: that the exact interests
such persons have or claim to have or
how the same is derived or claimed to
be derived or the mode of devolution
thereof is unknown to these Plaintfns
and = Is arerred that any claim er in
terest they may assert is junior and
inferior to the claims Of the owners OF
said real estate whose names have
been above given, and the same Is
barred by the Statute of limitations O.
this state.
1t is further averred that the names