Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-07-09

acres, Twenty (2O) RODS E2st ana
West: that the intention of the parties
in each Of said conveyances was to ex-
cept from their said conveyances the
said tract Twenty-Five (22) rods
square: that John ]. Hixon, under
date of June 20. 1883, made convey
ance Of the tract Twenty-Five (22)
rods square in the Southwest corner of
the Northwest Quarter (NWD Of the
Southwest Quarter Of said Section
two (2). to one John j..
Payne; that in the execution of said
conveyance the same was erroneously
described in its admeasurement by
metes and bounds in that by the terms
Of said conveyance the description
commenced at the Southeast corner of
the said Northwest Quarter (NWD of
the Southwest Quarter (SWD of said
Section two, (2). and that
thereafter the said John L Payne
one William H. Moler, in which the
and that William Fl. Moler thereafter
made conveyance OF the said tract to
James P. Van Hook: that in each and
all of said conveyances it was the in
tention Of the parties to convey
scribed as follows:
Commencing at the Southwest cor
ner Of the Northwest Quarter (NW4
of the Southwest Quarter (SWD OF
Section Two (2). Township Eighty
four, (sD, North, Of Range Eighteen
us). West of the 5th P. NJ. Of Mar
shall County. Iowa: thence north
Twenty-Five (22) rods; thence east
Twenty-Five (22) rods; thence South
Twenty-Five (22) rods; thence West
Twenty-Five (22) rods, to place OF be-
ginning: that the error in the de-
scription Of said premises in each OF
said conveyances was muteal as be-
tween the grantOr and grantee OF
each of said conveyances; that in the
execution of the conveyance by John
L. Payne. above designated; the same
was signed by j. L. Payne, but plain
tiff AYERS the said John L. Payne and
]. L. Payne designate one and the
same person.: that a correction or the
said error of description in the prem
Uses conveyed was attempted In the
certain deed executed by John j. Hixon
under date April Is. 1872. to the then
title holder of record of said premises
namely, ". H. Steward; that In the
conveyance Of a part of the premises
above described William Steward took
title by a regular chain Of convey
ances and w. H. Steward took title to
part OF the premises above de-
scribed. and that thereafter William
II. Steward made conveyance OF all the
premises held by him. included within
the lands above described. to one
Enoch Lewis: that the said William
Steward. w. H. Steward and William
H. Steward. in the chain Of title to the
premises hereinbefore described, des-
ignate one and the same person.
The plaintiff further alleges in said
petition that by the terms of the con-
veyances hereinbefore designated and
by the intent OF the parties thru plain
tifrs prior grantors, he has become
fully vested with the fee simple title
to the premises hereinbefore described.
and is now the absolute owner there
OF.
Plaintiff further alleges in said petit
ton that there are persons whose names
and residences are unknown to this
plaintiff. although this plaintiff has
sought diligently to learn the same.
who claim an interest In said real
estate hereinbefore described, adverse
to plaintiff as the unknown heirs at
law. survivors, devisees or grantees, re-
spectively. Of the defendants above
named, and the unknown persons
claiming an interest in said realty by
inheritance. devise, grant or dover
right. through or from the abovefnarned
defendants. as to each of which I'M