Cresco plain dealer. (Cresco, Howard County, Iowa) 1913-1945, 1913-03-28
ORIGINAL NOTICE.
In the District Court of Iowa, in and for
Howard County, May Term, 1913.
Henry Rink

Wilde, and -Wildo his wife; Robert s..
T; GlIchTist, and -Gie6rist his wife; j.:
RNeer to L. G!crest and his
his wife; 4. B. Gi crest, and :--Gilcrest the
wife or husband of said 4. B. ,Gilcrest; ". G.
winston, and--Williston his wife; Henry
Il. 6: Newberry, and w-Newberry his
wife; Il. Z: Newburerry, and -Newburerry
his wife; Geo II: shannon. and Shan.
his wife; Edward Rooner, and 10 oney
his wife; Rebecca Crow, and -Crow 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,
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
any right, interest or title In or to any part
! or the whole Of the west 90 one-half OF sec.
| ton number (28) twenty-eight, township
| number (99) ninety-ntne, range u1) eleven,
west of the 9Th principal meridian in Vernon
Springs township. Howard County, Iowa.
TO the above named 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
he is the owner in fee simple absolute Of the
west ca one-half of section number (2S)
| twenty-eight, in township numb, (99) nine
township. Howaid County, and that for "a q
period or more than coy twenty years last
past, this plaintiff, Henry Rink; has, by him
he holds and claims title to said real estate,
openly, notoriously, continuously, and ad-
versely against all the defendants above
possession of all Of said real estate and at ali
times claiming an absolute fee simple inter-
| est therein
Cat
unable to give the names and residences of
the unknown defendants though he has
sought n diligently to SECURE the same
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
and long since become forever barred by
| transfer or by the statute of Limitations and
Iowa.
Said petition further states that plaintiff
believes the defendants (unknown) make
claim to a fee simple Interest in said land or
to some part thereof, basing their claims on
assignments, inheritances, rights of spouses,
contracts or some claim derived by.
through, or under the specifically named
cannot state-thOugh he has made diligent
search as to the particulars there o pertain
ing.
1t is alleged in said petition that one Sam
| sec. (28) twenty-eight, twp. (99) ninety mine,
range uD eleven, Howard Co. Ia, but that
said deed fails to state as to said Samuel F.
being July 16, 1857, and that all rights of said
| wife, II any existed at said time and any and
all claims hereunder are now and have long
as against this plaintiff. Said deed being
| filed July 90 1857 in book 3d." page Al, Re-
co1de eIa records sS Also that ION one Geo C. Win;
above described, said deed being from the
sheriff Of Howard coulty, Iowa, 81 deed
being dated Oct. p, 1889, and a matter Of
records, being filed May 9, 1860. but that there
is no transfer Of record from said Geo. c..
Winslid to any one of said land or OF any
| part thereof, and that all rights of any one
adverse to the plaintiff Henry Rink are now,
and have long since, become wholly and for
eY on the day o
1858 makes a transfer Of this same land. said
transfer being of record in, book &C." page
SHOW said grantor, Geo. G. Winship to have
| obtained title otherwise than by q sheriff s
deed, said sheriff IS deed being dated Oct. 2l,
page 2ll as above stated and that said sher:
no authority to make such TT transfer and
ana BY
Hereunder are void as against this plaintiff
who prays all Of said claims to be forever
| barred as against him.
| This plaintiffs petition further states, that
| one Samuel F. Gilchrist makes a deed OF
| this SWL section OF land above described to
one w. G. Wiliiston, but no wife joins in said
| deed therein and any and all adverse claims
are ask ed to be forever barred Hereunder as
against the plaintiff, Henry Rink herein.
| Said deed last referred to is Of record in book
| "a" page 1896 Recorders records. A further
| allegation of PLAINTIFFS petition AYERS that
there was no acknowledgment Of an instr,,-
ment affecting this SWL OF section %, town.
ship 90. range il. west Of the 5th p. m. where
in Samuel +. Gilchrist was grantee and w.
C. winston was grantor, said instrument
| recorded in book "a" page 1877 Recorders
| records, and that all cl.ims on account OF
said defect are now forever eslopped as an
tagonistic to this plaintiff. Said petition If
/ -enry Rink AYERS that Eli T. Wildo, on the
21st OF Aug. 1862, On ers a satisfaction to a
mortgage given by Eli T.. Wilder and the
records fail to show any authority for said
entry of salts ;action to said mortgage which
mortgage was given by one Robert S. Gill
christ and wife to Eli T. Wilder on the 18th
day Of Oct. 1855 and a matter of record in
book "C'' at page 1913 of Recorders record,
and this plaintiff alleges though said defects
exist of record any and all claims adverse to
him in and to the lam described or any part
| thereof are Of no validity and prays for an