Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1913-07-09
Original Notice.

~,
mer Smith, Mrs. Elmer Smith, his
wife, A. j. Sharp, Elizabeth
| Sharp, his wife, Matilda Barrak
Lewis Barrak, her husband, Ellen
Headington, William Headington,
her husband, Ed Sharp, Nellie
Sharp, his wife, Elizabeth A.
Sharp, David Burrows, Matilda
Douglas, James Douglas, her hus-
band, Thomas Webster, Mrs.
Thomas Webster, his wife, Sar-
ah Pillow and Mr.. Pillow, her
| husband, defendants:
You are each hereby notified that
there is now on file in the office Of
the clerk of the district court of
Iowa, in and for Winneshiek Coun-
ty, at DEBORAH, in said county and
state, the petition in Equity of Will
liam H. Smith, plaintiff, alleging in
substance as follows, towit:
That on towit the 18th day of
January, 1913, one Matilda Smith
died intestate, seized in fee of the
following described real estate, to-
wit: the south half of the south
east quarter of Section IL, and the
north half of the north east quarter
of Section IA, except a strip off the
east side of all of said real estate
five rods wide and one hundred and
thirty-five rods long; also three and
lLinety-one one-hundredths acres in
the south west corner of the north
west quarter of the northwest quart
er Of section 13, the same being des-
ignated upon the recorded plat as
lot number two; also that part of
the northeast quarter of the north
west quarter east of the Iowa river,
being lot number 2 of section IA;
also the southeast quarter of the
northwest quarter and north half
OF the southwest quarter and the
southeast quarter of the southwest
quarter of section IA, all of the
above described real estate being in
township number ninety-nine north,
rance 8, west of the 5th P. NJ: al
so that part of the northwest quart
er OF the southwest quarter of Sec
ton number 10, in township num-
Der ninety-nine north range s, west
of the 9Th p. M. lying southeast Of
the public highway and containing
thirty-eight and eighty-six one-hun-
dredths acres, all in Winneshiek
County, Iowa.
That said deceased was never
married and left no children but
left as her heirs at law the plaintiff,
who is brother of deceased, and
also A. F. Smith, Horace Smith,
Eugene Smith and defendant Elmer
Smith, all children of George Smith,
deceased, who was brother of said
Matilda Smith, deceased, and also
Ralph Sharp, Josie Sharp, Charles
Sharp and defendants William H.
Sharp, Clara Halse, A. J. Sharp,
Matilda Barrak, Ellen Headington,
Ed Sharp and Elizabeth A. Sharp,
all children Of Sarah Sharp, deceas-
ed, who was a sister of Matilda
Smith, deceased, and also John Bur-
rows, Sarah Morrison, Eva Wicks,
Fred Burrows, Minnie Bucknell, and
defendants David Burrows and Ma
tilda Douglas, all children of Rebec-
ca Burrows, deceased, who was a
sister of Matilda Smith, deceased,
and also James Webster, Lucy Rus
sell, and defendants Thomas Web
ster and Sarah Pillow, all children
of Ann Webster, deceased, who was
sister of Matilda Smith, deceased.
That since the death of said Ma
tilda Smith, the plaintiff herein has
purchased all the right, title and in
terest of said A. F. Smith, Horace
Smith, Eugene Smith, Ralph Sharp,
Josie Sharp, Charles Sharp, John
Burrows, Sarah Morrison, Eva
Wicks, Fred Burrows, Minnie Buck
nell, James Webster and Lucy Rus
sci, in and to said real estate.
That because of the facts as here
tofore alleged plaintiff is entitled to
an undivided 914-1400 of said real
estate; defendants Elmer Smith,
Thomas Webster and Sarah Pillow,
are each entitled to an undivided
one-twentieth Of said real estate;
defendants William H. Sharp, Clara
Halse, A. j. Sharp, Matilda Barrak.
Ellen Headington, Ed Sharp and
Elizabeth A. Sharp are each entitled
to an undivided $50 of said real es-
tate and defendants David Burrows
and Matilda Douglas are each enti-
tied to an undivided 1-35 of said
real estate.
Based upon the foregoing facts,
plaintiff demands judgment con-
firming the shares of the parties as
ABOVE set out in and to said real es-
tate; that partition thereof be made
or If the same cannot be equitably
divided then that a sale of said
premises be ordered, either public
or private as to the referee may
be deemed for the best interests of
the parties and that division of the
proceeds be made between them ac-
cording to their respective shares
and that reasonable sum as pro-
vided by statute be allowed plaintiffs
attorney for his fees in said action
and that the same be made a lien
upon the respective shares of the
parties in the above described prem
ises in proportion to their said in
terests and for costs of this action
and for such other and further re-
lief as may be deemed equitable in
the premises.
And unless you appear theref
and defend on or before noon OF I
second day Of the next September,
1918, term of said court to be held
in DEBORAH, Iowa, in and for Winnie
shiek County, commencing on Mon
day, the 22nd day of September, 10
10, default will be entered against
you and judgment and decree rem
dered thereon in accordance with
the PRAYER of said DetitiOn 27-4