Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-04-08

tne records further show that Jane
Peasley, formerly wife Of William
Dewey. deceased, assigned the said
mortgage TO one John Lodge, as shown
by assignment recorded in Book IS,
page S7S OF said records. That after
wards John Lodge assigned the said
mortgage to Robt. NJ Timmons which
was recorded in Book So. page 376 and
by the said Timmons satisfied Of rec
ord December 81. 1873. and 1t IL
claimed that neither William Dewey.
nor any OF his heirs II he be deceased.
have any right, title or interest in or
to the debt secured by said mortgage:
that the same has been fully paid.
satisfied and discharged. and no lien
exists because OF the provision Of the
law Of Iowa
That October 9Th. 1877, mortgage
upon said premises was made to one
George l. Evans and December 18th,
1872. Geo. I. Evans made and executed
a power of attorney to Thos. D. Tom
linson. recorded in Book 55 page 3o5
OF said records: that afterwards Thos.
Tomlinson on January 18th, 1880. re-
leased said mortgage Of record. It In
averred that Thos. D. Tomlinson and
Thos. Tomlinson was one and the same
identical person and George I. Evans
and Geo. l. Evans was one and the
same identical person: that no lien
exists by reason OF said mortgage that
was fully satisfied.
1t is further claimed and averred
that the petitioners and the claimants
for more than ten years last past have
been IN open. continuous. hostile and
adverse possession Of the above de-
scribed property with color OF title.
and that all claims Of any Of the de-
PENDANTS. or Of their heirs. whether
known or unknown and OF any OF the
Unknown Claimants, are fully barred
by the statute Of Limitation Of this
state. That the Unknown Heirs OF each
OF the above named defendants, and
the Unknown Claimants, whether sane,
insane or minors are made Defendants
because OF any claims they may or
! might assert III or to the req! prop
erty described, 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 plaintiffs.
and that any claim that may be as.
serted by either of the heirs, known or
unknown, or unknown claimants. or
,, the defendants named. is Junior and
inferior to the claims Of the PLAINTIFFS
and the same is barred and all persons
named or referred to. are estopped from
making any claim to the said realestate;
that the names and residences OF such
persons as are mentioned or referred
, to above, are unknown to these petit
toners, that a diligent search has been
made to learn the same or facts re-
i lating thereto or to the claims. II any
they have to the interests OF the said
Defendants. or their Unknown Heirs or
Unknown Claimants, and are set forth
as definitely as can be done.
Plaintiffs pray that their claim or
ownership in said real estate be estab-
lished in fee simple az against any and
all claims Of defendants and each Of
them, or any person claiming by,
through or under them: that they
interest in the premises above de-
scribed. that the Unknown Claimants.
whether sane, insane or minors. be
decreed to have no right, title or in
terest therein: that the particular de-
fects in title heretofore described, be
corrected by decree Of this court, and
any cloud that may rest upon the titie
Of these plaintiffs be, by decree Of
court. removed and the title Of said
premises be forever quieted in the pc.
titioners.
J Now. unless you appear and make
defense thereto on the second day Of
the next September term Of said court.
to be begun and held at Marshalltown,
Iowa, on the LIST day Of September,
1913. your default will be entered and
judgment and decree entehered there
| on ns prayed for in said petition.
Dated this oath day Of March, 1872.
CARNEY 4 CARNEY,
Attorneys Tor Plaintiffs.