Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-12-11

oRIolNAL NoTlcr,

In the dts.ric. cen-. e iewa sssas1411
for Marshall County. f.
Rusie Bros. James & Rus1A -
Rusie, c. o. Rusie. plaintiffs. W LeelA1
Spellman. Mrs. LuciAn epellmAa -
wife. Tim spellman. Timothy -
man. Cynthia Spellman. his WIFE Qoeo
Arnold. Mrs. Dslos Arnold. his W1eo
George Noser. Mrs. George Meo1s1
his wife. James b Thomas
NJ, Thomas, Mrs. F. n. ThomAn 01bl
wife, Willie Thomas. single. aAd -
and all unknown heirs or .deocoa1
OF each and all OF said ds1o0AAnaA
whether sane or insane or minors. 80
all persons under legal disability -
all their heirs. devisees. aDagnoea
creditors. spouses. surviving spou
and all unknown claimants 20 -
right. title or interest In and 70 the s1glSGs
of the S.W. 4 and tho q. = 49,
Nw.N, all in section No. ii to-
ship No. -. north. and Of range SNe.sAA
west Of the 5th p. n. Of Iowa, 6Aeo4s,
ants. 10y e
To tho above named defsndaatssoA0s
unknown claimants: NV Il
You and each Of you arc hefonys 49,
ned that there is now on ale 6SeAos
office OF the clerk Of the dish1Ges o4Ns9
in and for Marshall county. Iowos -
petition of Rusie Bros. Jamss q 0oes
John Rusie and c. o. RusiA olAsUtngs
that they are the owners IN Zee s1Npyos
to and praying for tho uuie:,nz o1sthNs
title in them to the following dssct1ba9
real estate situated in the c0unsy OK
Marshall and state Of Iowa. t0-wtt:l
The MI OF the S.W.N and the ! ~
OF the N.W.A. all IN section J. town
shin "a, range 10 west Of the 9th p ~
OF Iowa
That they derived title 70 seatd
premises by patents from the Uuteod;
States. and through conveyances from
William H. Evans. and wife. Thomas
Macy and wife. James b. rhomas.
Joseph s. Graham ana wife. LuEsan
Spellman and wife, Tim SpellmAn
Timothy Spellman and wife. CynthA
SpelIman. the estate Of James =.
Thomas, deceased. the estate OF u. -.
Thomas, deceased the estate OF Willie
Thomas, deceased, and by purchaso
from the estate Of lrena A. Thomas
deceased. That James B. Thomas and
III. 3. Thomas was one and tho same
person. and Tim Spellman and Timothy
Spellman was one and the same person,
But that the deeds OF conveyance from
Lucian Spellman to Tim Spellman ana
Cynthia Spellman and from them 20 !.
b. Thomas were lost or destroyed. Tnat
the estates Of James B. Thomas. ~: ~.
Thomas and Willie Thomas were
settled and all debts paid.
Also claiming that the tax deed, 20
Delos Arnold to the s. OF the N.W.A
OF said section township and range and
tho quit claim by him to GeorGS
Kroger OF the s. OF the NV. 4 and
the MI of the S.W.A Of said premises
were null and void. and asking that
same be set aside. and that thay and
neither of them ever paid the taxes on
said premises, or were ever in posaes-
sion thereof. nor made any claim there
| to, but that the PLAINTIFFS ana tneie
grantors have been in continuous. open,
notorious and adverse possession OF eAt0
premises from the dates Of the patents
down to the present time. as Will more
fully appear by reference to said reti-
ton now on file, to which You are
referred for further Information.
That all the defendants hesesn
named and specified are made defer -.
ants on account Of some right or clAim
they do or might assert in and 70 aid
nremi.es. which are unknown to these
platntiffs as is also the residences OF
such defendants and claimants, ii.
though they have diligently sought TO-
LEARN Of same. but unable to do so4sa11
praying in said petition that the claims
OF all Of said defendants be wfth0ues
rirht or merit and forever barred N
and to said premises and that ne
title thereto be quieted and establi1hoA
In plaintiffs.
Now unless you appear and mako 90
Tense thereto at or before noon 0ftthe
second day Of the next January term
of court to be begun and held at Nae-s
shalltown. Iowa. on January 5. ay1e.s
your default will be entered Ana ~
Judgment and decree rendered sAefvAl
as prayed for in said petition.
Dated this 18th day OF Novennbee ~.
D. 1918. :. I. ~ s Sss 81
JAMES 8. Ru0u
JOHN RUSIH
c. o. RUsfkt !: