Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1913-09-03

Clerk of the District Court of Iowa
in and for Winneshiek County, Iowa,
at the Court House in the city of
DEBORAH, the petition in equity of the
plaintiffs herein claiming that they
are the owners in fee simple (being
tenants in common,) of the North
west one-fourth of the southwest
one-fourth of Section twenty-nine.
Township Ninety-eight North of
Range Seven West of the Fifth Prin-
cipal Meridian in Winneshiek Coun-
ty, Iowa; that they and their imme-
date predecessor intitle have held
lands, openly, VIGOROUSLY, continu-
ously, uninterruptedly, visibly, and
adversely as against all the defen-
dants herein, under color of title and
claim of right, for period of more
than ten years last past, at all times
claiming a fee simple interest there
in; the plaintiffs are credibly inform
ed and believe that the defendants
herein make some claim of title
rights to the herein described real
estate, basing their claims upon
rights as heirs, devises, legatees,
transferees or personal representa-
tives of the above named defendants;
that the unknown defendants make
some claim of right, title or interest
in the said lands, likewise basing
their claims upon rights as heirs,
devisees, legatees, transferees or per-
sonal representatives of the herein
named defendants; but as to the ma
ture and extent of such claims, or
the manner of devolution thereof the
plaintiffs cannot more especially
state excerpts afterward in said
petition set out; that defen-
dant Benjamin B. Richards
grantee in certain Certificate
of Original Entry upon said
tent of such claims, or the manner
of devolution thereof the plaintiffs
cannot more specifically state ex-
cepts afterward in said petition set
out; that defendant Benjamin B.
Richards granee in certain Certifi-
cate of Original Entry upon said
lands issued by the United States
conveyed said lands by deed but that
the said deed was never made of
record in Winneshiek County; that
Lucius S. Maynard defendant herein,
claimed title through conveyance
from said Richards, but that the
said Maynard afterwards conveyed
by deed to Erick Olson, who is a
granter in the chain of title by which
plaintiffs claim their title: that said
Erick Olsen is or was one and the
same person as Erick Olson Bakka
Cor Bakke) who satisfied certain
mortgage on the herein described
lands which mortgage was dated
June 18th, 1882, recorded in office
of Recorder of Winneshiek County,
Iowa, in Book ~" on page 544: that
the names and residences of the UNI
known defendants are unknown to-
the plaintiff they have sought dill
gently to learn the same; that defen-
dant n. S. Comstock is dead; that
he died outside Winneshiek County,
and that Merlin Comstock was duly
appointed and qualified as admins
trater of his estate, but letters Of
such administration were never filed
in Winneshiek County; but the plain
tiffs believe, and allege as true, that
the said Merlin Comstock was, when
he q Gel TAIN luoi bSoSC VA Wv
herein described lands, which mort
gage was recorded in said Record
ers office in Book "B" on page 1888
duly and legally qualified to satisfy
the same; that plaintiffs pray that
the allegations of their said petition
be decreed to be true; that their IL
tie to the premises described therein
be quieted in them and the defen-
dants be barred and forever estopp-
ed from having or claiming any
right, title or interest in said real
estate adverse to plaintiffs; that any
defendants wrongfully setting up
defense to the proceedings be ad-
judged to pay the costs, and for gem
eral equitable relief. Now unless
you appear thereto and defend on
or before noon of the second day OF
the next regular term of said court
which will begin at the Court House
in the city of DEBORAH, Iowa, on Sep
TENDER 22nd, A. d. 1913, default
will be entered against you and judg-
ment thereon and decree rendered
in accordance with the prayer OF
said petition. 34-4.
BOICE & HOOK.
A++or,ays fnr Dloiptiff