Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1913-08-20
Original Notice.

w ihhSsuieh county, september
Term, A. D. 1913.
John and Ole Berg, Plaintiffs VS..
Benjamin B. Richards and
Richards his wife; Erick Olsen and
-Olsen his wife; n. S. Com
stock and -Comstock his
wife and all the heirs, devisees,
legatees, transferees, personal
representatives of the above nam
ed defendants, and all the I'M
known owners or claimants of any
right, title or interest in or to the
Northwest quarter of the South
west quarter of Section 20,
township Ninety-eight North, of
Range Seven West of Fifth Prin-
cipal Meridian, in Winneshiek
County, Iowa. Defendants:
To the above Defendants: You and
each Of you are hereby notified that
on or before August 18th 1913 there
will be on file in the Office of the
Clerk of the District Court of Iowa
in and for Winneshiek County, Iowa,
at the Court House in the city of
DEBORAH, the petition in equity OF the
plaintiffs herein claiming that they
are the owners in fee simple (being
tenants in common,) of the North
west one-fourth of the southwest
one-fourth of Section twenty-nine,
Township Ninety-eight North of
Range Seven West of the Fifth Prin-
cipal Meridian in Winneshiek Coun-
ty, Iowa; that they and their imme-
diate predecessor intitle have held
possession of the above described
lands, openly, VIGOROUSLY, continu-
ously, uninterruptedly, visibly, and
adversely as against all the defen-
dants herein, under color of title and
claim of right, for period of more
than ten years last past, at all times
claiming a fee simple interest there
in; the plaintiffs are credibly inform
ed and believe that the defendants
herein make some claim of title
rights to the herein described real
estate, basing their claims upon
rights as heirs, devises, legatees,
transferees or personal representa-
tives of the above named defendants;
that the unknown defendants make
some claim of right, title or interest
in the said lands, likewise basing
their claims upon rights as heirs,
devisees, legatees, transferees or per-
sonal representatives of the herein
named defendants; but as to the ma
ture and extent of such claims, or
the manner of deyolution thereof the
plaintiffs cannot more especially
state excerpts afterward i'll said
petition set out; that defen-
dant Benjamin B. Richards
grantee in certain Certificate
of Original Entry upon said
tent of such claims, or the manner
OF devolution thereof the plaintiffs
cannot more specifically state eX-
cepts afterward in said petition set
out; that defendant Benjamin B.
Richards granee in a certain Certiti-
cate OF Original Entry upon said
lands issued by the United States
conveyed said lands by deed but that
the said deed was never made OF
record in Winneshiek County: that
Lucius S. Maynard defendant herein,
claimed title through conveyance
from said Richards, but that the
said Maynard afterwards conveyed
by deed to Erick Olson, who is a
granter in the chain of title by which
plaintiffs claim their title: that said
Erick Olsen is or was one and the
same person as Erick Olson Bakka
COR Bakke) who satisfied a certain
mortgage on the herein described
lands which mortgage was dated
June 18th, 1882, recorded in ONCE
of Recorder of Winneshiek County,
Iowa, in Book ~" on page 544: that
~
known defendants are unknown 70
the plaintiff they have sought dill
gently to learn the same; that defen-
dant ~ S. Comstock is dead; that
he died outside Winneshiek County,
and that Merlin Comstock was duly
appointed and qualified as admins
trater of his estate, but letters or
such administrator were never nleo
in Winneshiek County; but the PLAIN
tiffs believe, and allege as true, that
the said Merlin Comstock was, wnen
he satisfied a certain mortgage on the
herein described lands, which mort
gage was recorded in said Record
ers Office in Book "B" on page lSS
duly and legally qualified to satisfy
the same; that plaintiffs pray tnat
the allegations of their said petltloh
be decreed to be true that their u
tie to the premises described therein
be uuieted in them and the oeleh-
dants be barred and forever estopp-
ed from having or claiming any
right. title or interest in said real
estate adverse to plaintiffs; that any
defendants wrongfully setting UP a
defense to the proceedings De al
Judged to pay the costs, and Tor gem
eral equitable relief. Now unless
YOU appear thereto and defend on
or before noon of the second day OF
the next regular term of said court
which will begin at the Court House
in the city of DEBORAH, Iowa, on Sep
TENDER 22nd, A. d. 1913, deiaul'
will be entered against you ana Juus,
ment thereon and decree rendered
in accordance with the prayer OF
III ,.it;nn 344.
sow BOICE & HOOK.