Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-04-15

in or to said mortgage.
That a certain mortgage made ant
executed May 80. 1867, recorded u
Book CO. page 3ss OF Mortgage Rec
ords Of said county. by Quincy Black
was satisfied of record hy II. 2. J
| Boa rdman, Attorney for 0uinc!
Black" that the said n. e. ]. Board
man, although no power OF attorne,
! appears OF record, had power to do tn
said act which he purported to do, ant
that neither Quincy Black nor any o.
his heirs. if he be deceased. have an!
right. title or interest in or to sale
mortgage.
That a certain trust deed made ant
executed as to said premises conveying
the same. dated August 18th, 1858, wal
executed by Joseph Parks to II. E.
| Boardman, trustee for Quincy Black
and the records show that it was salts
fled of record February nth, 1853. BY
| Quincy Black: that neither H. E.
Roardman as trustee, Quincy Black
nor his heirs if he be deceased, have
any right, title or interest in or TO tnt
| trust deed or the consideration tneie'
fore and that it has been fully salts
| fled and discharged.
| That on October Srd. 1883. a mort
gage was made and executed upon the
described premises and apparently al
iunacknowledged assignment from Jo'
seph Parks to Quincy Black appeared
upon the back of the mortgage, Anc
/ that the said mortgage was satisfiec
! of record February 10th, 1855. b!
| Quincy Black, assignee. and 1t II
claimed that neither Joseph Parks no,
Z Quincy Black nor any Of their heirs. I,
; they be deceased. have any right. titl<
or interest in or to said mortgage Of
the debt secured by the same, and Il
has been fully satisfied and discharged
OF record.
! That April 25til. 1870 there was g
mortgage made and executed upon sale
premises to one William Dewey, anC
! the records further show that Jane
/ Peasley, formerly wife Of William
! Dewey, deceased assigned the sale
mortgage to one John Lodge, as shown
! by assignment recorded in Book SIS
page 376 of said records. That after
wards John Lodge assigned the sale
I mortgage to Robt. NJ. Timmons which
! was recorded in Book IS. page 31S ant
| by the said Tin1mons satisfied of rec
ord December 81. 1878. and it is
claimed that neither William Dewey
nor any of his heirs. if he be deceased
have any right. title or interest in OF
! to the debt secured by said mortgage;
1 that the same has been fully paid
satisfied and discharged, and no lier
exists because of the provision of the
/ law of Iowa.
a. ~.
upon said premises was made to one
George l. Evans. and December 18th
! 1872 Geo. l. Evans made and executed
a power of attorney to Thos. D. Tom
I linson. recorded in Book 55 page 80;
! of said records: that afterwards Thos
! Toml!nson on January 18th, 1850. re.
leased said mortgage Of record. 1t /.
averred that Thns. D. Tomlirson anc
Thos. TomlinSon was one and the same
identical person and George l. Evan.
and Geo. l. Evans vas one and the
same identical person: that no lier
exists by reason OF said mortgage thai
was fully satisfied.
| II is further claimed and averret
! that the petitioners and the claimant
/ for more than ten years last past have
| been IN open. continuous, hostile and
adverse possession OF the above de-
scrioed 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 lir1itation of thi!
| state That the Unknown Heirs of eacl
of the above named defendants, ant
! the Unknown Claimants, whether sane
{ insane or minors are made Defendant:
because of any claims they may oil
might assert in or TO the real prop
erty described, that the exact Interests
such persons have or claim to have, oil
! how the same is derived. or claimed t.
/ be derived, or the mode of devolutior
! thereof. is unknown to these plaintiffs
and that any claim that may be as
serted by either Of the heirs, known OIL
unknown. or unknown claimants. Of
the defendants named. is junior ant
| inferior to the claims of the plaintiff
| and the same is barred and all person:
named or referred to. are estopped from
making any claim TO the said real estate
that the names and residences of sucl
persons as are mentioned or referred
| to above are unknown to these petit
| toners that diligent search has beer
made to learn the same or facts re
| lating thereto or TO the claims. II AM
they have to the interests OF the sait
| Defendants. or their Unknown Heirs O
| Unknown Claimants. and are set fortl
as definitely as can be done.
/ Plaintiffs pray that their claim o.
Ownership in said real estate be estab
lished in fee simple as against any ant
all claims of defendants and each o
them, or any person claiming by
through or under them: that the.
be decreed to have no right. title o.
interest in the premises above de
scribed, that the Unknown Claimants
whether sane. insane or minors. b.
decreed to have no right, title or in
terest therein; that the particular de
fects in title heretofore described. b.
corrected By decree of this court, ans
any cloud that may rest upon the it'll
of these plaintiffs be. by decree o
court, removed and the title of SAT-
premises be forever quoted in the pc
titioners.
Now, unless you appear and max
defense thereto on the second day o
the next September term of said court
to be begun and held at Marshalltowr
low. on the ist DAY OF September
1919. your default will be entered an
Judgment and decree entehered there
on as prayed for in said petition
Dated this Path day Of March. 191:
CARNEY & CARNEY,
Attorneys for Plaintiffs.