Cresco plain dealer. (Cresco, Howard County, Iowa) 1913-1945, 1913-04-11
I ORIGINAL Notice. 4
In District Court, Howard County,

>~AS@ K
In District Court, Howard County,
Iowa.
Stephen Kubicek, Plaintiff,
Fred W. y Gregory, Grant Gregory,
Kittie Hoisington, Maggie Gregory,
Mary Yates, CAROLINE Peterson, Mary
Webb, Helen Gregory, Develo Root,
Charles H. Gregory, the heirs of
Charles II. Gregory, and their un-
known grantees, mortgages, as
signees, and if deceased, their I'M
known heirs-at-law, devisees and lega-
tees, and the unknown claimants of
the Northeast quarter of the North
west quarter and the North half of the
Northeast quarter, all in section one,
township ninety eight, North Range
thirteen, West of the 5th P. NJ, de-
PENDANTS.
You and each of you are hereby mott
fed that there is now on file in the
office of the clerk of the District Court
of Howard County, Iowa, the plain
tiff's petition in above entitled cause
claiming and alleging that he is the
absolute owner in fee simple of the
North half % of the Northeast quar-
ter a., and the Northeast quarter ~
of the Northwest quarter u
all in section one ~, town
ship ninety-eight (9S) North, Range
thirteen (13) West of the 5th P. NJ,
Howard County, Iowa, and praying
that the title to the above described
premises be quieted and confirmed in
him against the adverse claims of any
and all Of the above named defendants,
including the unknown defendants or
unknown claimants, and alleging that
you have or claim to have some right,
title or interest in said premises adj
verse to plaintiff, that the unknown
defendants or unknown claimants de-
rive, or claim to derive, their title or
interest in said premises by, through
or under the defendants Charles H.
Gregory or the heirs of Charles H.
Gregory, or by reason of having been
the wife or husband Of some of them,
or by deed. devise or decent through
some of them, or through some other
person unknown to plant #, the exact
method or mode of devolution by
which the unknown defendants or
claimants claim to derive an interest
in said premises being unknown to
plaintiff, and alleging that Charles H.
Gregory obtained deed to said land.
dated August 6, 1856, and recorded in
deed record A at page $50, that said
Charles H. Gregory died inrestate in
1866 resident of the State of Michi-
gan, that his will provided that his es-
tate should be divided equally among
his seven children after payment of
charitable requests, that before this
real estate was sold to plaintiff 3
grantors three of said children died,
each leaving from four to six heirs,
and that some of these heirs failed to
sign the deeds conveying said land to
plaintiffs grantors but alleging that
plaintiff and his grantors have been in
actual, exclusive, open and notorious
possession of said real estate for more
than twenty years last past under
color Of title and that defendants
rights or interests in said real estate
are now barred. That in the affidavit
recorded in deed record 2 at page 563
and 564 giving the names of the heirs
of Charles H. Gregory the name of
Develo S. Root, is given as Develo
Root, Mary E. Webb or Mary G Webb
as Mary Webb, Helen B. Gregory as
Helen Gregory, Caroline 6. Peterson
as Caroline Peterson, Mary G. Yates
as Mary Yates, and Kitty Hoisington
as Kittie Hoisington, but plaintiff al
leges that they are each one and the
same persons, respectively. That the
names and residences of the unknown
defendants or unknown claimants are
unknown to plaintiff although he has
sought diligently to learn same, for
further particulars you are referred to
the petition now on file.
That unless you appear and defend
before noon of the second day Of the
May 1913 Term Of said Court which
will commence on the 18th Of May,
1918, 1T the Court House in Cresco,
Iowa, default will be entered against
you and judgment and decree rendered
thereon as prayed BY plaintiff;
The foregoing notice i hereby ap-
proved and ordered published in the
Cresc0 Plain Dealer, weekly news
paper published at Cresc0, Iowa, for
FOUR consecutive weeks, the last of
which shall not be less than 10 days
prior to the May, 1918 Term of said
Court. Dated April 8, 1918.
w. j. SPRINGER,
Judge of the 18th Judicial District of
iowa.
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