Cresco plain dealer. (Cresco, Howard County, Iowa) 1913-1945, 1913-04-18
ORIGINAL NOTICE.
In the District Court OF Iowa, in and for
Howard County, May Term, 1913.
Henry Rink &C..

Henry y Kink
ST. muei F. Gllehrist, and -Giichrtst his
wife; Geo. g: Winslid, and -Winsiid his
Eff E e %dsr his ns NJ Iii Te
Gilchrist, and -Gilch5st his wife; Robert
Gi!ehGs, and eis MS Wife Vile L.
Robert /. Gilcrest, and --Gilcrest his
Wife Robert 6: Glerest, ond Gllcre est
his WIFE B. 81 sa;G
Wiliston, and--Williston his wife; Henry
6: Newberry. and --,-Newberry his wife;
Wife, VII ii H. 8. NswSurerry, and
his wife; Geo. H. shannon. and Sham
non his wife; Robert Grow, and Grow
his WIFE, k Esweea Gfs% hey
husband; Caroline Rapp, and ---Rapp her
husband; Mary Jane Rooney, and, -
Rooney her husband; sarah Cr row. and
devisees, legatees. grantees, trustees, estates,
guardians assignees; cestuique trust, use or
vie, transferees; and to each, any, and al OF
der any of the above or otherwise and to all
of the unknown owners and claimants OF
any right, interest or title In or to any part
ton number (as) twenty-eight, township
number (99) ninety-nine, range uD eleven,
west Of the 5th principal meridian ro1 IN Wsrnon
To the above named defendants and to
each OF them:
You are hereby notified that there is now
on ii le in the office OF the Clerk OF the DIST
riot Court of Howard County, Iowa, the
plaintiffs petition in which he claims that
he is the owner in fee simple absolute of the
west 20 9ne;h n Of section number lae n G2s
ty-nine, range (1l) eleven in Vernon Springs
township, Howard County, and that for
period Of more Than I Twenty years U last
self and by those under and through whom
he holds and claims title to said real estate.
openly, notoriously, continuously, and 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
unable to give the names and residences OF
the unknown defendants though he has
1t is also alleged in this plaintiffs petition
that Henry Rink, the plaintiff herein, Is
crediby informed and believes that the de-
PENDANTS, or some Of thu m, make some
claim adverse to the estate of the plaintiff
in said property or to some part thereof; put
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
Iowa.
Said petition further states that plaintiff
believes the defendants (unknown) make
claim to fee simple interest in said land or
grants, devises, transfers, deeds, mortgages,
assignments, inheritances, rights OF spouses,
contracts or some claim derived by;
or but more this
cannot state-though ne mas made dlngent
search as to the particulars thereto pertain
ing.
1t is alleged in said petition that one sam
uel F. Gilchrist made deed to the SW Il
ran range ysV (i eleven, Howard CO. Ia but that
said deed fails to state Is TO saa ssm nS tn
being July l6, 1857, and that all rights OF SAID
wife, If any existed at said time, and any and
all claims thereunder are nov an na nave long
as against this plaintiff. Said deed being
filed July o. 1857 in book 3D." page Al, Re
corder's records Also that one Geo. 9: Win;
above described, said deed being rom the
sheriff of Howard county, Iowa, 81 Id deed
being dated Oet 2 1882 and a. p matter o.
records, being filed May. g. 1860. but that there
is no transfer of record from said Geo. c.
Winslid to any one OF SAID lano or OF Eny
adv erse to the plaintiff Henry Rink are now,
and have long since, become wholly and for
81 the on awi tn day oa
1863, makes transfer oflths same land, said
transfer being Of record in book C." Page &c
g. Recorders records but the records fan to
obtained title otherwise than by, q sheriff s
deed said sheriff IS deed being dated Oct. q,
1853, and filed May g. 1850, In book ~ "a At
iii from the records thereto pertaining had
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; u.
one Samuel F. Gilchrist makes deed OF
this SWN section of land above described to
one w. &. 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 ofrecord In book
allegation of plaintiffs petition AYERS that
there was no Acknowledgement OF an instru'
ment affecting this sWA Of section q, town
in Samuel F. Giichrist was grantee and W:
c. Williston was grantor, said instrument
recorded in book "a" page ss7 Recorders
said defect are now forever estopped as an.
tagonistic to this plaintiff: Said petition u
enry Rink AYERS that Eli 7. Wtldo, on the
mortgage given by Eli r. Wilder and the
records fail to show any authority for said
entry of satisfaction to said mortgage which
eh Ti sa ana wife to Eli 4 Wilder on the 18th
day of Oct. 1856 and matter Of record In
book CO. at page LIB of Recorder's record,
list of record any and all claims adverse to
him in and to the LAM described or any part
thereof are of no validity and prayP for an
adjudication of the above named court for
ever barring same. The plaintiff also states
that Robert S. Gilchrist be came the owner
of this SWL section of land on the 18th day
of Aug. 1882 by warranty DEED hled IN
book TX" at pages 57958O, Recorders records.
and that on the LIST day of March, 1885, q
mortgage WIS executed on said land by Il. 5.
Gflchrist to l.. M. Goodhue, said mortgage
being of record in book 20" page 593, but
that said record or any other falls to state
that Robert s., and r. s. Goodhue to be one
and e same person and plaintiff alleges
that any claim hereunder in any way 10
have an equitable or legal interest therein is
now barred by the laws OF Iowa and that
tiT prays judgment and decree for his stl-
perior title therein. The plaintif's petltlon
also shows that in these last matters OF
record that Il. S., and r. L., and Robert 3,
and Robert l.. Gilchrist may apparently be
one and the same person, or not: out now
ever the facts; that all claims therein or
therefrom which are adverse to the absolute
title to all of this Ii section of land being IN
qualifedly in Henry Rink are now abso-
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 warranty deed on Aug. ~, 1857,
and a matter of record in book ~" at pages