Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-04-22

Quarter one ~ and Lot oas ~ of
the Southeast Quarter s(aE ~ a. Ahe
Northeast Quarter (NE "a eh, in
Section six l6) and all In Toknship
Etghty-ixe $3.50 North. Range Nine
teen 'r(1s) West 18th p. ~. Marahail
County, Iowa. w s.sa
You. arc hereby notified thsre = now
on tfile In the. office of the Clark Of
the District Court IS Iowa in and Tor
Marshall County tho petition sof 1oA-
roe Rash. Everett Rash. and CLIFFORD
Rash as Plaintiffs, claiming 81 You
the partition OF and utcting OF tide
to the foregoing described real prop
erty. A ,s.ta
Also claiming that Denny Davis.
whose wife Is Maggie Davis. the
owner Of a certain share Of said real
estate; that a Referee should be .ap-
pointed and said property sold and at
torney,s 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 ia 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, Kettle Glenny, Hulda Shuts, p.
NJ. Rash, and Clarence Rash, minor. Il.
Also that David ,MOthersell and
Sabina Mothersell, whose names .Ap-
pear as grantors in deeds referred ito
in said petition on file. were husband
and wife at the time of making said
deeds. that D. Mothersell who took
title to q portion Of said real estate by
deed recorded in Book q page Sol Of
the deed records Of Marshall County,
Iowa, was the same and identical per-
son as David Nothersoll who convened
said premises by deed recorded in
Book page Sol, said records: that
Mrs. Clarinda Adelia Temple who re-
ceived a conveyance Of a portion OF
said real estate, recorded in Book 81,
page 1877 and also by another deed rec
corded in Book 81 page 3sg and
Clarinda A. Temple, who received q
deed to a portion Of said real estate
recorded in Book 16, page asa and
Clarinda 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 10,
page 1913 of said records twas the samA
and identical person.
Also that NJ. E. Spake wholrtceived
a conveyance Of a portion OF hJid 1eA1
estate recorded in Book LIB. sHASe a..
and Madison E. Spake who conveyed P
portion OF said premises by deed Ee-
corded in Book 151, page ITS. that N.
E. Spake who received a conveyance to
a portion Of said premises by ydeed re-
corded in Book 11s, page % land who
conveyed as Madison E. Spalf by deed
recorded in Book 151, page us, MAS
the same and Identical person
That. A. F. Haradop. nov decea1ed.
leaving sole heirs. F. H. Hsfadpn and
f. NJ. Haradon. received 2 cnnyeyapcs
by assignment for the .beneht Of cSedt-
tors from M. E. Spake, recorded, An
Book $50, page 124. and NO conveyauGe
appears of record from said A. r.. Har-
adon and it Is avep1ed that, his heirs
have no interest or ownership IN said
real property. ~ s.s4 ~
That James ,HarrenAl spslled at tines
James Herren) who made GonvayqAcA
to a portion Of said real estate With
his wife Elizabeth +. Harren. that GAR
india A. Temple and Edwin Temple
who also made conyeyancesS to q Por-
ton Of said real estate. also that Nyil,
liam Whitmore and .LAvdcy WhitHore.
his wife. who also made conveyance Of
u portion of said real estate. nor their
heirs If they be deceased, have any
right, title or claim in OF tOiSaid prem
ises. notwithstanding any errors OF de-
scription that have been made Ia saA
That the debt for securl-
ty for which a mortgage was. made by
James Harren and wife to, David
TO- De- 1S,s
500, has been paid and said mortgage
should be cancelled Of record, although
"a written assignment appears on said
mortgage to Thomas B. Abel and aft
erwards David Mothersell released
said mortgage; that neitha. 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;
chat mortgage made to John Miller
on portion of said premises recorder
in Book 81. page SIS, appears to be sat-
isied by D. B. Miller, but no power OF
attorney appears to said D. 3. 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.
ment of portion OF said land de-
scribed in Hardin county, Iowa, Was
made to BENJAMIN NegGs and record
ed in Entry Book. page 16, OF SAID
county. June 4th. 1853, Benja min Neg
us conveyed a portion of said premises
by deed recorded in Book 20" page
147, records of Hardin county, Iowa,
and that Benjamin Neggis was the
same and identical person as Benjarnin
Negus; 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 N. Rash has no
right or title in or to said premises
That the Unknown Heirs OF each q
the above named Defendants and Un-
known Claimants whether sane. tn-
sane or minors, are made Defendants
because Of any claim they may or
might assert in or to the real property
described; that the exact INTEREST,"
such persons have or claim to have q
how the same is derived or Claimed e
be derived or the mode Of dayolution
thereof is unknown to these Platnttn9s
and It Is averred that any claim or M
terest they may assert Is junior ana
inferior to the claims Of the owners @
said real. estate, whose names haYA.
been above given and the same =
barred by the Statute Of limitations cSs