Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-07-16

the Northwest Quarter e1SWO q thos
Southwest Quarter Of oald Section
two 90. to one John =
Payne: that Ia the sxecut3on OF said
conveyance the same Was sFronsou0ly
described In It, admsa0uFemsnt BY
mstes and bounds Ia that BY the terms
|of said conveyance the description
the said Northwest Quarter GNWD Of
Section two. a.. and that
thereafter the said John L Payne
made conveyance Of the said tract to
one William H. Aoler. In which the
same error az to description appears.
and that william H. Moler thereafter
made conveyance of the said tract 70
James p. Van Hook: that in each and
all OF said conveyances II was the IN.
tention Of the parties to convey =
tract Twenty-Five (22) rods square de-
scribed AZ follows:
Commencing at tho Southwest cor.
ner Of the Northwest Quarter (NW4)
of the Southwest Quarter (6WD OF
Section Two ca, Township Eighty.
four. go. North. of Range Eighteen
1S). West OF the 5th p. n, OF Mar
shall County. Iowa: thence north
Twenty-Five (32) rods: thence east
twenty-five (22) rods: thence South
Twenty-Five (:2) rods: thence West
Twenty-Five (22) rods, to place Of be.
ginning: that the error In the de-
scription OF said premises In each Of
said conveyances was mutual - Be.
tween the grantor ana Srsateo of
each Of said conveyances: that In the
Il. Payne. above designated: the same
A~, p -
TIL AYERS the said John L. Payne and
~. L. Payne designate ono and tho
same person: that q correction Of the
said error of description In the prem.
ises conveyed was attempted In the
certain deed executed by John J. aixon
under date April Is. 1872. to the then
title holder Of record Of said premises.
namely. W. H. Steward: that In the
conveyance Of q part Of the premises
above described William Steward took
title by q regular chain Of convey
ances and W. H. Steward took title to
a part OF the premises above de.
scribed. and that thereafter William
n Steward made conveyance Of all the
premises held by him. included within
the lands above described, to one
Enoch Lewis: that the said William
Steward. W. II. Steward and William
H. Steward. IN the chain Of title to the
premises hereinbefore described, des-
ignate one and the same person.
The plaintiff further alleges In said
petition that by the terms OF the con-
veyances hereinbefore Designated and
by the intent Of the parties thru plain
tins prior grantors. he has become
fully vested with the fee simple title
to the premises hereinbeeore described.
~ka >I,SHA
Of
Plaintiff further alleges in said petit
ton that there are persons whose names
and residences are unknown to this
plaintiff although this plaintiff has
sought diligently to learn the same.
who claim an interest In said real
estate hereinbefore described. adverse
to plaintiff as the unknown heirs It
law, survivors. devisees or grantees. re.
spectively, Of the defendants above
claiming an interest In said realty by
right through or from the above named
defendants. as to each Of which UNI
known claimants and above named de-
PENDANTS this plaintiff ayers that any
right. claim. title or interest upon the
part Of each and all Of said defendants
and unknown claimants 10 barred by
the statute Of limitations: that the
plaintiff and his prior grantors In the
chain Of title have been In absolute.
open. apparent. undisturbed, adveFsos
and undisputed possession Of oAid
premises under claim OF right ana color
Of title. for more than Ten (1o) years
last past, and that the above named
defendants. their heirs. uevisees, as
signees. creditors and the surviving
spouse Of any Of such defendants are
wholly Invested Of any right or claim
Of title in and to the said premises, BY
reason Of the conveyances hereinbefore
designated. and that this plaintiff and
his prior gFantors have taken and held
possession OF said premises under claim
Of right and color Of title for more than
Ten (1o) years last past and have paid
the taxes and assessments on said
premises. without offer Of repayment Of
the same by any person claiming an
interest in said lands: that the plaintiff
- unable to more definitely state how
the interest Of any such unknown per.
son or persons has been derived than
IL in said petition stated. but plaintiff
verify believes and AYERS that all such
persons have been divested Of any such
interest they may have had in said
premises by reason Of conveyances
executed ~ above stated: that eseh
and all Of the above defendants and
unknown claimants are non-residents
OF the state Of Iowa, and plaintiff makes
no claim for personal judgment against
any OF said defendants or unknown
claimants.
Plaintiff prays In said petition that
his fee simple title In the above de.
scribed premises be established and
confirmed against the adverse claims Of
the defendants above named. and un-
known claimants. and that the said de-
PENDANTS and all unknown claimants
and all persons claiming by. through or
under any Of them be barred and for.
ever estopped from having or claiming
any right. title or interest adverse to
this plaintiff in and to the said prem
is.s. ant .ae. the .!t!e thereto b
quieted and established In the plaintiff
And plaintiff further -prays that the
deeds hereinbefore designated. wherein
appear mutual mistakes and errors, b
reformed and construed in conformity
| with the intent Of the parties. and tha4
such conveyances be held and cone
strued to convey the premises herein.
! before described. or any part thereof
to tha prior GrantorD OF this p3at0tt4s