Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-11-27
ORIGINAL NOTICE.

In the district court Of Iowa in and
for Marshall County.
Rusie Bros, James s. Rusie. John
Rusie, c. o. Rusie. plaintiffs, vs. Lucian
Spellman. Mrs. Lucian Spellman. his
| wife. Tim Spellman. Timothy SPELL
| man. Cynthia Spellman, his wife. Delos
Arnold. Mrs. Delos Arnold. his wife.
George Kroger, Mrs George Kroger.
his wife. James B. Thomas. J. B.
Thomas. Irena A. Thomas. his wife. F.
NJ. Thomas, Mrs. F. NJ. Thomas, his
| wife, Willie Thomas. single and any
and all unknown heirs or descendants
Of each and all Of said defendants.
whether sane or insane or minors. and
all persons under legal disability. also
all their heirs, devisees. assignee3.
and all unknown claimants to any
right. title or interest in and to the Nh
of the S.W. Y and the S. u Of the
N.W.k, all in section No 8, town.
| ship No. 81, north. and Of range No. 10,
west Of the 9Th p. NJ Of Iowa, defend
ants.
To the above named defendants and
unknown claimants:
You and each Of you are hereby noti-
fed 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 Ruste Bros. James 6. Rusie.
John Rusie and c. O. Rusie. ella ming
that they are the owners n fee simple
to and praying for the quie:ny Of the
title in them to the following described
real estate situated In the county OF
Marshall and state Of Iowa. .o-wls:
The M Of the s.w.k and the g. Il
OF the N.wk, all in section 8. town
ship "a. range 10 west Of the 9Th P. NJ.
OF Iowa.
That they derived title to said
premises by patents from the United
States. and through conveyances from
William n. Evans, and wife. Thomas
Macy and wife. James B. rhonas.
Joseph s. Graham and wife. Lucian
Spellman and wife, Tim Spellman.
| Timothy Spellman and wife, Cynthia
Spellman, the estate of James f.
| Thomas, deceased. the estate Of F. NJ.
Thomas, deceased, the estate Of Willie
Thomas, deceased. and by purchase
from the estate OF Irena A. Thomas.
deceased. That James 3. Thomas and
J. B. Thomas was one and the same
person. and Tim Spellman and Timothy
Spellman was one and the same person.
But that the deeds Of conveyance from
Lucian Spellman to Tim Spellman ana
Cynthia Speilman and from them to ].
B 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 20
Delos Arnold to the 8. ~ Of the N.W.A
of said section. township and range ana
the quit claim by him to George
Kroger Of the g.. OF the N.W.h and
the M Of the s.W.A Of said premises
were null and void. and asking mat
same be set aside. and that they ana
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 the plaintiffs and their
Rrantors have been in continuous. open.
notorious and adverse possession OF said
premises from the dates OF the patents
down to the present time. as will more
fully appear by reference to said petit
ton now on file, to which you are
referred for further information.
That all the defendants heie!n
named and specified are made defer j
ants on account Of some right or clsim
thew do or might assert In and to said
nremises. which are unknown to these
plaintiffs as IL also the residences OF
such defendants and claimants. al
though they have diligently sought 10
! learn of same. but unable to do SO, ana
praying in said petition that the claims
| OF all Of said defendants be without
right or merit and forever barred in
and to said premises and that the
title thereto be auieted and established
in plaintiffs.
Now unless you appear ana make de-
f.n.e thereto at or before noon Of the
second day Of the next January term
Of court to be begun and held at Mar
shalltown, Iowa. on January s. 1914.
your default VIII be entered and q
Judgment and decree rendered tnefon
a. prayed for in said petition.
Dated this 18th day Of November A.
RUs1E BROS.
| JAMD6 g. RUsIE.
| JOHN RU9E,
| C.. o. RU6lE,
Plaintiffs.
| Nv HOLT Z TANKERsLEY.