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

ORIGINAL NOTICE.
In the district court Of Iowa in and
for Marshall county.
Hubbard Hurlbut, plaintiff, vs. George
w. Scasholtz, Mrs. George w. Seas
holtz, his wife, G. w. scasholts, UNI
married George w. Scasholts. Mrs.
George W. Scasholts. his wife, George
Scasholtz, Mrs. George Scasholtz. his
wife Thos. B. Abel. Mrs. Thos. B.
Abel, his wife, Florence Abel
Byrnes, widow. and any and all un-
known heirs or descendants Of each
and all OF said defendants, whether
sane or insane or minors. and all
persons under legal disability, also
their heirs, devisees, assignees, cred
itors. spouses. surviving spouses and
all unknown claimants to any right.
title or interest In and to the N. u
of the N. w. u and the w. " Of the
N. E. Y and the N. W. Y of the s.
E. Y all in section No. Is, In town
ship No. SO, north, and Of range No.
Is, west Of the 5th P. NJ. Marshall
county. Iowa. defendants.
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 Of
flee Of the clerk OF the district court in
and for Marshall county, Iowa, the Pc
tit.on Of Hubbard Hurlbut. claiming
that he Is the absolute and unqualified
owner in fee simple to and praying for
the quieting OF the title in him of the
following described real estate situated
in the county Of Marshall and state Of
Iowa. to-wit: The n. " Of tho N. w.
u and the w. " Of the N. E. X and
the N. w. u Of the g. e. \. all in Sec
ton No. Is, in township No. SO. north.
and Of range No. IS, west OF the 5th
P. NJ. OF Iowa, which premises ne
claims by purchase and conveyance to
him by warranty deeds from Edmund
Hurlbut and wife and VIM. Baker and
wife. and that he and his grantors
have been in open. notorious, adverse.
continuous and undisputed possession
thereof under color Of title and claim OF
right for over nfty-five years last past.
making improvements thereon and
paying all taxes assessed against said
premises during all Of said time.
That the chain Of title by which
plaintiff claims said premises is as fol-
lows: Patent to Edmund Hurlbut from
the United States to the w. " Of the
n. r. Y Of said section Is, township
SO, range IS. recorded in book 2sS, page
1913 in the office Of the recorder Of
deeds and mortgages OF Marshall coun-
ty, Iowa: deed from Thos. B. Abel and
wife, to Edmund Hurlbut. which was
lost or destroyed and not filed for rec
ord. BY act OF congress to the state
Of Iowa to the n. w. Y Of the S. e. Y
Of said section, township and range on
May Is. 1886. Patent from the STATE
Of Iowa to the c. r. & NJ. r. r. Co. re-
corded in book Up, page 1874 OF said
records and deed to Edmund Hurlbut
from the c. r. & M. r. r. Co. recorded
in book 81, page 146 Of said records.
Patent from the United States to
Wells s. Rice to the n. e. Z Of the
N. w. Y OF said section, township and
range, recorded in book 2s6. page 12s
Of said records. and by him and wife
to Edmund Hurlbut by deed recorded
in book A, page 4os Of said records. and
from Edmund Hurlbut and wife to
plaintiff, Hubbard Hurlbut by deed to
the w. " Of the N. E. 4 and the N. w.
Y Of the 8. E. Y and the N. e. X Of
the N. w. 4 all in said section. town
ship and range. recorded In book 1913.
page 17s Of said records.
Patent from the United States to
George w. Scasholtz to the n. w. Y
Of the n. w. Y Of said section. town
ship and range. recorded in book M,
page 1924 Of said records. BY q. w.
Scasholts to Greenleaf NJ. Woodbury.
by deed recorded in book e. page 50
Of said records. and at the time Of said
conveyance grantor was single and
unmarried man. Greenleaf N. Wood
bury and wife to the said George w
Scasholts by deed recorded in book E.
page $50 Of said records. BY George
w. Scasholts and wife to Michael
Brand by deed recorded in book I, page
626 Of said records. That Michael
Brand executed a bond for deed to
Geo. w. Scasholts recorded in book
G, page 61s of said records. and he
and wife afterwards conveyed said
premises to Michael Brand by deed
recorded in book NJ. page 326 Of said
records, in satisfaction OF said bond
for deed. That George w. Scasholtz,
q. w. Scasholts, George w. Scasholts
and George Scasholtz whether pat
entee, grantor or grantee in said con-
veyances, was one the same and identi-
cal person.
Michael Brand to Benz. Johnson by
deed recorded in book 2, page SIG OF
said records. Benz. Johnson to William
Baker by deed recorded in book 10.
page 469 Of Eaid records. and VIM.
Baker to the plaintiff, Hubbard Hurl-
but by deed recorded In book -. page
Fl Of said records.
That the tax title decree obtained on
November 3. 1857 to the N. w. X OF
the N. E. Il OF said section, township
and range. by Thos. B. Abel was by
mistake or oversight. and when the err
ror was discovered he and wife re-
conveyed said premises to Edmund
Hurlbut, and the said Thos. B. Abel
never entered into possession CT said
premises nor paid any taxes thereon
or made any claim thereto.
That all the defendants, their heirs
and descendants, ana claimants herein
named, whether known or unknown
whether sane or insane or minors, sur.