Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-20

range no. twenty \1V)s W00S OK kuO
9Th p. NJ. which mortxAgo bean deae
December IL. 1s7S.Toad = recosds4 In
Mortgage Book -. pa8o 10. In the Of.
Ace OF the Recoraers OF MArshall Coun.
ty. Iowa. endeavored to forecloss sald
mortgage by decree Of foeecIosaFA 30
shown In Decree Record :, Page a. IN
tho office Of the Clerk Of MArhAM
County. Iowa. but in fact sajd decree
does not quiet her hight title and In
terest In and to said land. although 70
was the intention Of the Court - 20
do.
That in the foreclosure OF the mort
gage executed by Robert r. Elder and
Rebecca X. Elder. which mortgage 10
in Book B. Page 3e2. In the
office of the Recorder of AasDhall
County, Iowa, the Foreclosure OF sald
mortgage was obtained 1t the Septem-
Der 1857 term Of the Marshall County
District Court. and thai In fact the
Original Notice in said foreclosure
proceedings was served both upon Rob
ert r. Elder and his wifo RA6oocA =.
Elder. and both Of said parties were
made parties to tho foreclosure pro-
ceedings, although the records do NOT
10 show. yet the plAntl6 avoSu that al
interest OF tho said Elders was 6aFrod
and forever foreclosed under decsee Of
foreclosure In the District Court Rae
ord B, Page 1874. and that RobeccA Is.
Elder, who executed said noostg6
Rebeca Elder mentioned In the $780,
closure proceedings recorded In Oe0nsc3
Court Record B. Page 3sl. and, 8ehecA
r. Elder mentioned In the ORIGINAL
Notice In said foreclosure proceedings
were in fact all ono and the samo
person.
1t is further claimed and averrsd that
the petitioner and the claimaut Tor
more than ten years last past have
been in open. continuous. hostile ana
adverse possession Of tho above de-
scribed property with,cosor Of title. and
that all claims OF any Of the docoud.
ants. or Of their heirs. whether known
or unknown and OF any Of the unknown
claimants. are fully barred by the
statute OF limitation Of this state. Tha1
the unknown heirs Of each Of the
above named defendants. ana tho un-
known claimants. whether sane. insane
or minors are made Defendants 6ecasaDe
Of any Claims they may or might aDoort
in or 20 tho real property described,
that tho exact interests stSch persons
have OF claim to have. or how the same
Is derived, or claimed to be derived. or
the mode Of devoluuon thereof. 10 un-
known to these plaintiffs. ana that any
claim that may be asserted by either
of the heirs. known or unknown. or
unknown claimants, or tho defendants
named. is Junior and inferior to the
claims OF the plaintiff and the same 10
barred and all persons named or fe-
ferred to are estopped from making
any claim to the said real estate: that
the names and residences OF such per.
sons as are mentioned or referred 20
above. are unknown TO these petitioners
that n diligent search has been made
to learn tho same or facts relating
thereto or to the claims. II any they
have to the interests Of tho eaid De.
PENDANTS. or their unknown heirs or
unknown claimants, and. arc set forth
as definitely a. can be done.
Plaintin prays that his claim or
ownership In said real estate be e0tah-
lished in fee simple an against any ond
all claims Of defendants and each OF
them. or any person claiming BY.
through, or under them: that they 10
decreed 70 have no right. title. O. m
terest in the premises ahOvo doHdhed.
that tho unknown claimaots. whether
sane, insane or minorA Be dec1eed 70
have no right. title, or interest ;theF0en:
that the particular defects IN title hGee-
tofore described. be corrected By 0eaeso
Of this court. and any cloud ith9& nay
rest upon tho title OF this plaintiff b.
by decree OF court. removed ana Ne
title Of said premises be forever sQu1eesd
in the petitioner.
Now. unless you appear and mae0
defence thereto on the second AAy OF
the next September term Of 6ai6 court.
to be begun and held at AafshalH0Wn.
1owa. on the LIST Gay OF 0ertsmhsr.
1918. your default viii Do entered nd
Judgment and decree entered theeeo1
Al prayed for In said petition.
Dated this 10th day OF July. 191& :
F. L. MEDE1Kk2
Attorney for PiaintifI
ORDER FOR PUBLICATION.
Tho above notice - approved by me
ana the Same II hereby ordered Dab-
lished in the Marshalltowp Tiznso-
Republican, an official paper OF 19af.
shan county. once each week for. four
consecutive weeks. the fast publicA3ioo
to be not later than Aug. .. 1o1e.
Dated at Toledo. Iowa. thiA 1Ask ~
OF July. 1913.
| Judge OF the Ssvsnteenth Judlu1al -.
trict e lewA 1 s