Cresco plain dealer. (Cresco, Howard County, Iowa) 1913-1945, 1913-04-11
ORIGINAL NOTICE.
In the District Court OF Iowa, in and for
Howard County, May Term. 1913.
Henry Rink

Semuel +. Gilchrist, and -Gilchrist his
W{e Geo & hIs w hfs
Ell T. Wilder. and-Wilder his wife; Ell 4.
Wndo, and ---Wido, his wife; Robert $:
Gilchrlst and Glehrist his Wife, i Renef'
Nj. Goodhue and ---Goodhue his wife;
Robert l.. Gilcrest, and ---Gicrest his
wife: Robert s. Gilcrest. ,and -.-Gilcrest
his wife: \. b. CT crest, and ----GilcreSt the
wife or husband OF said A. b. Gilcrest: w. G.
WiIIiston, and--Williston his wife; Henry
G; Newberry, and --;-Newbeerry his, his wife hs
wife: II. Z. Newburerry, and -Newburerry
his wife; Geo. II. Shannon, and Sham
non his wife: Robert Grow, and Grow
his wife: Rebecca Crow. and ----Crow her
husband: Caroline Rapp, and ---Rapp her
husband Mlry Jane Rooney, and -
Rooney he husband: Sarah Grow. and -
crow her husband; and all heirs, spouses,
deyisees legatees. grantees. trustees, estates.
guardians. assignees: cestuique trust use or
any owners or claimants by through or un.
der any ofthe above or otherwise and to all
OF the unknown owners and claimants OF
anyiright, interest or title in or to any part
Or the whole OF the west 90 one-half Of sec
ton number (2S) twenty-eight, township
nu m Der (99) ninety nine. range uD eleven,
west of the 18th 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 lie IN the once OF tle CleTh Vi the .DiSt-
riot Court of Howard county, Iowa, the
plaintiffs petition in (Which he claims that
he Is the owner in fee mple absolute OF the
vest % one;hali OF section n ~ nao ,I2sl
ty-nine. range Ul) eleven. in Vernon Springs
township, Howard County. and that for q
period Of han p FWeRf yeb br b
self and by those under and through whom
he holds and claims title to said real estate
openly 91 con and no ad
named and against the entire world held
possession of all of said real estate and at all
times claiming an absolute fee simple inter
said petition states that this plaintiff is
una BILE TO give the names and residences of
the unknown defendants though he has
sought diligently to secure the same.
1t is also alleged in this plaintiffs petition
that Henry Rink, the PLAINTIFF herein. is
credbIy informed and believes that the de-
PENDANTS. or some of TIN IN. make some
claim adverse to the estate of the plaintiff
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
of OF said real estate at any time have now
and long since become forever barred by
transfer or by the statute of limitations and
by laws in such cases made and provided In
Iowa. 1...
Said petition further states that plaintiff
believes the defendants (unknown) make
claim to fee simple interest in said land Or
to some part thereof, basing their claims on
grants, devises, transfers, deeds, mortgages,
ASSIGNMENTS, inheritances, rights of spouses,
contracts or some claim derived by:
defendants but more def nitely this plaintiff
cannot state-though he has made diligent
search as to the particulars thereto pertain
ing. ....s
1t is alleged in said petition that one sam
uel F. Gilchrist made a deed to the SW a
sec. t2S) twenty-eight, twp. (S9) nlnety-n nine,
range (1D eleven, Howard Co. Ia, but that
said deed fails to state as to said samuel F.
n .L,r;et hai,, iad time
being July 16. 1857, and that all rights of said
wife, if any existed at said time, and any and
all claims hereunder are now and nave long
since become forever barred and estOpped
as against this plaintiff. Said deed being
filed July 20, 1857 in book "B,' page AL, Re
corder's records. Also that one Geo. c: Win;
above described, said deed being from the
sheriff of Howard couAty, Iowa, sid deed
being dated oct p, 1859, and matter Of
records, being filed May 8. 1860. but that there
is no transfer of record rom said Geo. =.
Winslid to any one of said land or Of any
adverse to the plaintiff II enry Rink are now,
and have long since, become wholly and for
ever barred by the laws Iowa; That one
1863, makes transfer of this same land, said
transfer being Of record in book Sc" page
66, Recorders records, but the records fail to
obtained title otherwise than by, a sheriff s
deed, said sheriff's deed being dated Oct. 81,
1859. and filed May g., 1860. in book "F,' at
page III as above s,ateh ana tnat Saia se e
no authority to make such transfer and
same is absolutely void and any and all
rights and interests claimed by any one
hereunder are void as against this plaintiff
who prays all of said claims to be forever
barred as against him. ...,
This PLAINTIFF petition further states, that
one Samuel r. GilchriSt makes deed OF
this SWA section of land above described to
one W. G. Williston, but no wife joins in said
deed therein and any and all adverse claims
are asked to be forever barred hereunder as
against the plaintiff, Henry Rink herein.
Said deed last referred to is of record in book
A." page 395 Recorders records. further
there was no Acknowledgement of an instr,,-
ment affecting this SW4 of section g, town
ship 80, range Il. west of the 5th p. IN. where-
c. Williston was grantor, said instrument
recorded in book a. page 397 Recorders
records. and that all cl''ims on account of
sac nsiGc' to ar this so pant said pe1ton
enry Rink AYERS that Eli T. Wildo, on the
21st OF Aug 1852, enters a satisfaction to
o sboy m or sa
entry Of atis;action to said mortgage which
mortgage was given by one Robert $. Gil
christ and VIZ s snd T. Mder OF on tne
book "C'' at page 1873 of Recorders record,
and this plaintiff alleges though said defects
exist ofresord any and al claims claim adverse to
thereof are of no validity and prays for an
adjudication ofthe above named court for
ever barring same: The plain,iT also states
that Robert S. Gichrist became the owner
of this SWL section Of land on the 10th day
of Aug. 1882, by a warranty deed filed In
book ssX'' at pages 579-5S0, Recorders records,
and that on the LIST day of March, 1885, a
mortgage was executed on said land by r. S.
Gilchrist to l.. NJ. Goodhue, said mortgage
being Of record in book 80" page SOB, but
that said record or any other fails to state
that Robert s., and II. s. Goodhue to be one
and same person and plaintiff alleges
that any claim hereunder in any way TO
have an equitable or legal interest therein is
now barred by the laws of Iowa and that
plaintiff S hts are paramount and plain
tiff prays Judgment and decree for his SUI
perior title therein. The PLAINTIFFS petition
also shows that in these last matters of
record that r.. s., and r. L., and Robert 81,
and Robert L.. Gilchrist may apparently be
one and the same person, or not, but now
ever the facts; that all claims therein or
there which are adverse to the absolute
title to all of this "a section of land being UNI
qualite eddy in Henry Rink are now nbso-
lutely barred by the Iowa law and prays de-
cree forever barring any and all such ad-
verse claims, if any arise, to all or any OF
said real estate. ..-.-
Said petition also states that Robert S.
Gilchrist, who acquired said quarter section
OF land by a warranty deed on Aug. 10, 1882,
and a matter ofrecord in book az" at pages
579-58O, Recorders record evidently from the
4 Z. g. ttSNs, ~ RI