Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-13

Hugh BALLARD claim 0oWA anfoeooe anu
title in said r1al psopsxty hut that T.
truth and In tact such interest was
conveyed IN q certain deed Of date
July 18th. 1886. the grantors therein
being Of lawful age and unmarried.
. That the unknown heirs Of Andrew
A. Carver make soma claim to titls and
interest In said premises bat that said
Andrew A. 0arvsrswas wholly divsstsd
Of such interest and title by convey
ance subsequently made under the
name Of A. A. Carver. ana that said
Andrew A. Carver ana A. A. Carver
were one and the same. person and
identical. %
That the unknown heirs OF A. e.
Bartlett claim some interest and title
in said real property by reason of,a
certain deed OF date February Sth. 1879.
but that said A. G. Bartlett was In
fact wholly divested Of title BY devise
under the will Of Aseph G. Bartlett and
subsequent proceedings In court for
the admeaSurement Of dover Of His
surviving widow Roxy A Bartlett and
an application to sell said premises by
the executor Of the will Of sAid A0aph
G. Bartlett, and that said Asaph G.
Bartlett and A. G. Bartlett were ono
and the same person and identical.
D. r =
That John NJ Weber. who. on Au-
gust End, 1882. made and executed an
administrator's deed to said premises.
was In fact the executor Of the viii OF
said Assph G. Bartlett and that said
deed was executed by due authority Of
! the court IN an action wherein the
court had jurisdiction Of the subject
matter and the person OF oil the heirs
at law Of said testator. and that while
said deed recited that Il was made by
John NJ. Weber as administrator.
| when In truth and in TACT he was exc.
cutor. that said sale and conveyance
wholly divested the widow and heirs
| at law Of said Aseph G. Bartlett Of any
and all interest in and to said real
property.
That the unknown heirs Of Roxy A.
Bartlett claim some interest and title
in said real property. but In truth and
In fact said heirs were wholly divested
| Of any such interest and title by reason
Of the fact that the dover interest Of
said Roxy A. Bartlett was duly adj
measured In a proceeding in which tho
court had Jurisdiction and in which
due and legal service was had upon all
the heirs OF Aseph c. Bartlett. de-
ceased. and that said Roxy A. Bartlett
in . subsequent conveyance Of said
property 30 assigned to her. IVES wholly
divested Of all interest and title In said
| premises.
That while there were certain dis
/ crepenc.e: ~ tie name: oS the heirs at
law of Aseph c. Bartlett ~ appearing
! in the application to ssll the real estate
belonging to said estate. that In truth
and In fact all Of his heirs at law sqd
his surviving widow were served Win
due and timely notice Of such proceed
i ing and the court was vested With
Jurisdiction therein and the orders and
| DEGREES OF the court pertaining to tho
settlement Of said estate and the sale
Of the real property thereof were valid
and subsisting, and were ehlectual in
divesting said heirs Of any ana all in
terest in said property.
That the certain discrepancies IN the
description with reference to two
So 100 acres excepted in the convey
ance by the said administrator. ana
the discrepancies appearing in the
names OF the heirs At law OF sGid
Aseph C. Bartlett, and the discrepancy
IN the name Of the srantes Of said John
NJ. Weber. administrator. In his deed Of
conveyance. were each and al imnfA-
terial and each and all referred to AZ
parties Identified in plaintiffs petition.
and that no right. claim or interest can
in fact be rightfuliy claimed onsaccouat
thereof.
Il That the unknown heirs OF DelilAh
Knapp claim some title aad interest In
said real property but that said Delilah
Knapp conveyed said interest by deed
Of date November 2b. 1861. and that
Delilah Knapp and Della Knapp were
one and the same person ana tdentacal.
. That the unknown heirs 1t law OF
Phillip Ballard. Jr.. claim some inter.
, est and title In said real property but
I that said interest and title was In fact
, wholly Invested by conveyance by Phil
i. lip Ballard on June 18th. 1856. and
that Phillip Ballard. Jr.. ana Phillip
Ballard was one and the same person.
That the unknown heirs Of Boushton
, q. Phillips claim some interest IN and
to said premises but that such interest
! was wholly Invested by the certain deed
{ of B. G. Philips Of date January 25th'
, 1868, and that said Boughton q. Phil
E lips and B. G. Phillips were one and
a the same person and identical.
Plaintiff further alleges that all Of
). the defendants whether known or I'M
| known, VINO claim an 1HtetSSS AA eeA~
4 to said real property adverse to the
claims herein made by the petitioner "
= her behalf and in behalf Of the widow
e and heirs at law Of Jacob B. Rolston.de.
9 ceased, are without merit. and tna'
4 such claimed title and interest has been
, fully barred by the statute OF limita.
r lions, and that said Jacob B. Rolston, ane
q his grantors have been in open. motor.
n ious, adverse peaceable and undisputec
Q possession OF said premises under claim
n Of right and color Of title for more thar
o the period Of the running Of the statute
. OF limitations. and that the claims O
:. all Of said defendants as set forth II
e plaintiffs petition ana amendmen
thereto which constitute cloud upor
. SAID title should be removed And a De
cree should be made and entered o!
, the court quieting the title Of said rea
+ property In this plaintiff and the WIDOW
u and heirs at law of Jacob B. Rolston
o deceased, and that plaintiff should hav'
n such other and further relief as to tn
n court may seem Just and equitable II
n the premises, including the costs Q
this action.
For further particulars you are re
ferred to plaintiffs to be on hle - Acre
- said. Now unless you appear and max
a defense thereto at or before noon OF tn
~ .o...S A.y ~ The next aeotAmber tern