Cresco plain dealer. (Cresco, Howard County, Iowa) 1913-1945, 1913-04-04
ORIGINAL NOTICE.

ORIGINAL NOTICE.
Howard County, May Term, 1913
Henry Rink
wife; Geo. G. Winslid, and ---Winsiid hi
wife; Geo. c. Winship Winship his wife
Eli 7. Wilder, and.:-.,Wi!der his wife; Eli 7
L. GiIchrist. and ~Gilchrist his wife; L
NJ. Goodhue, and --Goodhue his wife
Robert /. Gilcrest, and -7Gilcrest HI.
his wife; a. b. Gil crest, and --Gilcrest the
wife or husband of said A. b. Gilcrest ". c.
Wiston his Wifi S;s HsnGy
II. G: Sewf6erry, and New berry his
wife; II. g. New burerry, and -Newbrrerry
his wife; Geo II. shannon, and Shan:
his wife; Edward Rooner, and Rooney
his wife: Rebecca Grow. and Grow her
husband; Caroline Rapp. and --Rapp her
Rooney her husband; Sarah Grow, and =
Crow her husband; and all heirs, spouses,
devisees legatees. grantees. trustees, estates,
guardians, assignees: cestuique trust, use or
vie, transfereeS; and to EACH any, and all OF
any owners or claimants by through or un.
der any of the above or otherwise and to all
of the unknown owners and claimants OF
or the whole Of the west ~ one-han Of sec.
ton number (2S) twenty-eight, township
mum 49, ninety nine, range up eleven,
Springs tow nship, Howard County, Iowa.
TO the above II med defendants and to
each Of them:
You are hereby notified that there is now
on file in the office Of the Clerk Of the Dist
riot Court OF Howard County, Iowa, the
PLAINTIFFS petition in which he claims that
he is the owner In fee simple absolute Of the
west 90 one:half of section number (2sl
Eiuh In nc -
ty-nine range QD eleven, III Vernon Springs
township. Howard County, and that for a
period OF more than coy twenty years last
past, this plaintiff, Henry Rink; has, by him
self and by those under and through whom
he holds and claims title to said real estate,
openly y, VIGOROUSLY. continuously, and ad-
named and against the entire world held
possession of all of said real estate and at all
times claiming an absolute fee simple inter-
est tneTein
Said petition states that this plaintiff is
unable to give the names and residences OF
the unknown defendants though he has
sought diligently to secure the same.
1t is also alleged in this plaintitf's petition
that Henry Rink, the plaintiff herein, is
credibly informed and believes that the de-
PENDANTS. or some Of thu m. make some
in said property or to some part thereof; but
plaintiff states that any and all rights that
defendants had therein or to any part there
transfer or by the statute of limitations and
by laws in such cases made and provided in
Iowa. -
Said petition further states that plaintiff
believes the defendants (unknOWn) make
claim to fee simple interest In said land or
to some part thereof, basing their claims on
grants, devises, transfers. deeds, mortgages,
contracts or some claim derived by.
through, or under the specifically named
defendants but more def nitely this plaintiff
cannot state-though he has made diligent
search as to the particulars there. pertain
Ing.
1t is alleged in said petition that one Sam
uel F. Gilchrist made deed to the SW Il
sec: (S) twenty Weight, twp ls9) ninety-nine
said deed fails to state as to said Samuel F.
Gilchrist being married or not at said time
being July 16, 1857, and that all rights OF said
wife, If any existed at said time, and any and
al claims hereunder are now and have long
since become forever barred and estopped
as against this plaintiff. Said deed being
ti1sd JIiy 20 lSS7 in book 3D. page a. Re
slid was the grantee to the SwA of land
above described, said deed being from the
sheriff OF Howard county, Iowa, ST i'd deed
record in book "F,'' page 2ll, Recorders
records, being filed May g. 1850. but that there
i ism transfer Of record from said Geo. C..
part thereof, and that all rights of any one
adverse to the plaintiff II enry Rink are now,
and have long since, become wholly and for
Geo. G. Winship on the 14th day Of Sept.
1863, makes transfer of this same land, said
transfer being Of record in book Sc" page
&C, Recorder's records, but the records fan to
obtained title otherwise than by a sheriff s
deed, said sheriff s deed being dated Oct. q,
1853, and filed May g., 1850. In book .'F'' at
III from the records thereto pertaining had
no authority to make such transfer and
same is absolutely void and any and all
Hereunder are void as against this plaintiff
who prays all Of said claims to be forever
barred as against him.
one Samuel F. Gilchrist makes s S deed dol Of
this SWN section Of land above described to
one w. G. Williston, but no wife joins in said
deed therein and any and all adverse claims
against the plaintiff, Henry Rink herein.
Said deed last referred to is ofrecord in book
A" page 1886 Recorders records. A further
there was no acknowledgment of an instr,,.
ment affecting this SW1 Of section %, town
ship so. range II, west OF the 9Th p. III. where
c. WiIliston was grantor, said instrument
recorded in book "a page 1877 Recorders
records, and that all cl'tms on account Of
said defect are now forever estopped as an.
-enry Rink AYERS that Eli T. Wildo, on the
2lst OF Aug 1862, en- ers satisfaction to a
mortgage given, by ELI T. Wilder and the
records fail to show any authority for said
entry of satisfaction tosaid mortgage which
mortgage was given by one Robert S. Gill
christ and wife to Ell i. Wider on the 18th
day ofOct. 1856 and matter of record in
book "C' at page !33 OF Recorders record,
and this plaintiff alleges though said defects
exist OF record any and all claims adverse to
him In and to the liant described or any part
thereof are of no validity and prays for an
adjudication ofthe above named court for
ever barring same. The plaintiff also states
that Roberts. Gilchr1st be came the owner
Of this sWA section Of land on the 18th day
Of Aug. 1882, by warranty deed filed in
book tx" at pages 579-5S0, Recorders records,
and that on the LIST day of March. 1885, a
mortgage was executed on said land by II. s..
Giichrist to l.. NJ. Goodhue, said mortgage
being OF record in book 20" page 593, but
that said record or any other fails to state
that Robert s.. and X. S. Goodhue to be one
and same person and plaintiff alleges
that any claim hereunder in any way TO
have an equitable or legal interest therein is
now barred by the laws Of Iowa and that
plaintiff s rights are paramount and plain
tiff prays judgment and decree for his SUI
perior title therein. The plaintiffs petition
q shows thar in