Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-04-01
the records further show that Jane

the records further show that Jane
Peasley, formerly wife of William
| Dewey. deceased, assigned the said
| mortgage to one John Lodge. as shown
| by assignment recorded in Book IS.
| page $40 Of said records That after
wards John Lodge assigned the said
| mortgage to Robt. NJ. Timmons which
was recorded in Book IS. page 376 and
| by the said Timmons satisfied Of rec
ord December 81. 1873, and 1t is
| claimed that neither William Dewey.
nor any Of his heirs. If he be deceased.
! have any right, title or interest in or
to the debt secured by said mortgage:
that the same has been fully paid,
satisfied and discharged. and no lien
exists because Of the provision of the
! law of Iowa.
| That October 9Th, 1877, mortgage
upon said premises was made to one
! George J. Evans. and December 18th.
| 1872. Geo. l. Evans made and executed
a power Of attorney to Thos. D. Tom
linson, recorded in Book So. page 305
Of said records: that afterwards Thos.
Tomlinson on January 18th, 1880. re-
| leased said mortgage of record. 1t is
averred that Thos. D. Tomlinson and
Thos. Tomlinson was one and the same
I
and Geo. l. Evans was one and the
same identical person; that no lien
exists by reason of said mortgage that
was fully satisfied.
| 1t is further claimed and averred
| that the petitioners and the claimants
! for more than ten years last past have
! been In open, continuous, hostile and
adverse possession of the above de-
| scribed property with color Of title.
and that all claims of any OF the de-
PENDANTS. 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 That the Unknown Heirs OF each
of the above named defendants, and
| the Unknown Claimants, whether sane,
| insane or minors are made Defendants
because OF any claims they may or
might assert in or to the real prop
erty described, that the exact interests
-, such persons have or claim to have, or
/ how the same Is derived, or claimed to
be derived, or the mode of devolution
thereof. is unknown to these plalntilfs.
and that any claim that may be as
serted by either of the heirs, known or
unknown, or unknown claimants, OF
the defendants named, is junior and
.
and the same is barred and all persons
named or referred to. are estopped from
making any claim to the said real estate;
that the names and residences Of such
persons as are mentioned or referred
to above. are unknown to these petit
TONERS, that a diligent search has been
made to learn the same or facts re-
lating thereto or to the claims, II any
they have to the interests of the said
Defendants. or their Unknown Heirs OF
Unknown Claimants, and are set fosth
as definitely as can be done. SOC,
Plaintiffs pray that their claim or
ownership in said real estate be estab-
lished in fee simple as against any and
all claims Of defendants and each OF
them or any person claiming by.
through or under them; that they
be decreed to have no right. title or
interest in the premises above de-
scribed, that the Unknown Claimants.
whether sane, insane or minors, De
decreed to have no right, title or In
terest therein; that the particular de-.
fects in title heretofore described, be
corrected by decree OF this court. ana
any cloud that may rest upon the title
Of these plaintiffs be. by decree OF
court, removed and the title OF said
premises We forever QuAeleo 40 sAS
titioners.
Now; unless you appear and mako
defense thereto on the second day OF
the next September term OF SAID court
to be begun and held at Marshailtown'
Iowa, on the LIST day OF September.
1913. your default will be entered ana
Judgment and decree entehered there
on as prayed for In said petition.
Dated this 9th day Of March. 1912.
CARNEY & CARNEY,
Attorneys for Plaintiffs.