Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-04-08
ORIGINAL NOTICE.

ORIGINAL NOTICE.
To Denny Davis, Maggie Davis. Will
lam Whitmore. Lavicy Whitmore.
David Mothersell, d. Mothersell,
Sabina Mothersell. Thomas B. Abel,
John Miller. Mrs. Clarinda Adelia
. Temple, Clarinda A. Temple. Edwin
Temple, NJ. e. Spake. Madison E.
Spake, F. II. Haradon, James Har-
rem Eliza beth F. Harren, BENJAMIN
Neggis, Benjamin Negus. Levi M.
Rash,
The Unknown Heirs Of each Of
above Defendants and the Unknown
Claimants Of the following described
land: The Southeast Quarter (SEA)
Of Section Thirty-one (31) Township
Eighty six (s6) North. Range Nine
teen 19) West, 9Th p. M.
Also the South One-half Is NJ
of the Northeast Quarter one ~ OF
Section Thirty-six 1857 Township
Eighty six (S6) North, Range Twen-
ty (2O) West, 9TH p. NJ. all in Hardin
county, Iowa.
Also the West one-half wv ~ OF
the Northeast Quarter one " OF
Section Six CO. and the Northeast
Quarter one W of the Northeast
Quarter one W and Lot One CD OF
the Southeast Quarter (SE ~ Of the
Northeast Quarter one ~ all in
Section Six co and all in Township
Eighty five (S6) North, Range Nine
teen l9) West 5th p. NJ. Marshall
County, Iowa.
You are hereby notified there Is now
on file in the office Of the Clerk OF
the District Court Of Iowa in and for
Marshall County the petition Of Mon
roe Rash, Everett Rash. and Clifford
Rash as Plaintiffs, claiming Of you
the partition of and quieting OF title
to the foregoing described real prop
erty.
Also claiming that Denny Davis,
whose wife is Maggie Davis, is 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 is also asked
that the title be Quoted 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, Rettie Glenny. Hulda Shultz. D.
NJ. Rash. and Clarence Rash. minor.
Also shat David Mothersell and
Sabina Mothersell, whose names ap-
pear as grantors in deeds referred TO
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 Z page sol OF
the deed records Of Marshall County,
Iowa, was the same and Identical per-
son as David Mothersoll who conveyed
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 397 and also by another deed re-
corded in Book 81 page 397 and
CIarinda A. Temple, who received g
deed to portion of said real estate
recorded in Book 1s, page 4s4 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 81.
page 1913 Of said records was the same
and Identical person.
Also that NJ. E. Spake who received
a conveyance OF portion Of said real
estate recorded in Book 11S. page %,
and Madison E. Spake who conveyed
portion Of said premises by deed re-
corded in Book ISL. page ITS. that NJ.
E. Spake who received conveyance to
a portion of said premises by deed re-
corded in Book 1ls, page % and who
conveyed as Madison E. Spake by deed
recorded in Book ISL, page ITS. was
the same and Identical person.
That A. F. Haradon. now deceased.
leaving sole heirs. F. II. Haradon and
F. NJ. Haradon. received conveyance
by assignment for the benefit OF credi-
tors from NJ. E. Spake, recorded in
Book $50, page 1874. and no conveyance
appears OF record from said A. F. Har-
adon and it is averred that his heirs
have no interest or ownership in said
real property.
That James Harren (spelled at times
James Herren) who made conveyance
to a portion Of said real estate with
his wife Elizabeth F. Harren, that Clar-
linda A. Temple and Edwin Temple
who also made conveyances to por-
ton of said real estate. also that VIII
liam Whitmore and Lavicy Whitmore.
his wife, who also made conveyance Of
u portion of said real estate, nor their
heirs II they be deceased, have any
right. title or claim in or to said prem
ises Notwithstanding any errors Of de-
scription that have been made In said
conveyances. That the debt for securi-
ty for which a mortgage was made by
James Harren and wife to David
Mothersell, recorded in Book co." page
500, has been paid and said mortgage
should be cancelled Of record, although
la written assignment appears On said
mortgage to Thomas B. Abel and aft
erwards David Mothersell released
said mortgage; that neither Thomas B.