Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-07

lNs MAR6HA1LIOWN, II
wolever. and said clause in said deed
last above referred to was an error
and void.
That In the Warranty Deed exc
cuted by William Maple and wife and
B. F. Maple ana wife to Charles H.
Davors, which deed IL recorded in Book
IS, page 1874. in the office Of the Re-
corder Of Marshall County. Iowa, said
deed recites that two acres had here
tofore been decided to Daniel Allern,
but said instrument was mistake and
error, and this plaintiff AYERS that said
Daniel Allern never owned any portion
Of said premises as recited in the book
and page last above described.
That Sarah ]. Clark, grantee in the
mortgage conveying the Northwest
Quarter (A) of the Northwest Quarter
A) Of Section No. Thirty-five (35),
Township No. Eighty-five (S5), North
Range No. Twenty coy. West OF the
9Th P. NJ. which mortgage bears date
December IL, 1878, and is recorded IN
Mortgage Book 80, page 10, in the Of
fee of the Recorder OF Marshall Coun-
ty, Iowa. endeavored to foreclose said
mortgage by decree of foreclosure. as
shown in Decree Record 8. Page %, IN
the Office Of the Clerk Of Marshall
County, Iowa, but in fact said decree
does not quiet her right, title and In
terest in and to said land, although II
was the intention Of the Court so to
do.
That In the foreclosure Of the mort
gage executed by Robert r. Elder and
Rebecca K Elder, which mortgage ID
recorded in Book B. Page 1852, in the
office of the Recorder Of Marshall
County. Iowa, the foreclosure Of said
mortgage was obtained at the Septem-
Der 1857 term Of the Marshall County
District Court, and that in fact the
Original Notice in said foreclosure
proceedings was served both upon Rob-
ert r. Elder and hts wife Rebecca n.
Elder, and both of said parties were
made parties to the foreclosure pro-
ceedings, although the records 40 not
SO show. yet the plaintiff AYERS that All
interest Of the said Elders was pared
and forever foreclosed under decree OF
foreclosure in the District Court Hec-
ord B, Page 1874, and that Rebecca n.
Elder, who executed said mortgage
Rebeca Elder mentioned in the Tore
closure proceedings recorded in District
Court Record B. Page 1874, and Reoeca
r. Elder mentioned in the Original
Notice in said foreclosure proceedings
were in fact all one and the same
person.
1t is further claimed and averred that
the petitioner and the claimant 1o'
more than ten years last past nave
been in open, continuous. hostile ana
adverse possession of the above de-
scribed property with color of title, and
that all claims of any of the defend
ants, or of their heirs, whether known
or unknown and Of any OF the unknown
claimants, are fully barred by the
statute Of limitation of this state. Ihat
the unknown heirs of each OF the
above named defendants, and the I'M
known claimants, whether sane, insane
or minors are made defendants because
Of any claims they may or might assert
in or to the real property described
that the exact interests such persons
have or claim to have, or how the same
is derived, or claimed to be derived, or
the mode Of devolution thereof, is I'M
known to these plaintiffs. and that any
Of the heirs, known or unknown, or
unknown claimants, or the defendants
named, Is junior and inferior to the
claims Of the plaintiff and the same Is
barred and all persons named or re-
ferred to are estopped from making
any claim to the said real estate; that
the names and residences OF such per-
sons as are mentioned or referred TO
above, are unknown to these petitioners,
that diligent search has been made
to learn the same or facts relating
thereto or to the claims, II any they
have to the interests Of the said de-
PENDANTS, or their unknown heirs OF
unknown claimants. and are set form
as definitely as can be done.
Plaintiff prays that his claim or
ownership in said real estate be estab-
lished in fee simple as against any and
all claims Of defendants and each OF
them. or any person claiming by
through. or under them: that they be
decreed to have no right title, or In
! terest in the premises above described
that the unknown claimants. whether
sane, insane or minors, be decfeed te
have no right. title. or interest therein;
that the particular defects in title here
tofore described. be corrected by decree
Of this court, and any cloud that may
rest upon the title Of this plaintiff be
by decree of court, removed and tRf
title of said premises be forever quietet
in the petitioner.
Now, unless you appear and make
defence thereto on the second day o.
/ the next September term OF said court
to be begun and held at Marshal1town
Iowa, on the LIST day OF September
1913, your default will be entered ant
Judgment and decree entered Thereon
as prayed for in said petition.
Dated this 21st day of May. 1913.
| FL. MEEKER.
Attorney for Plaintiff
ORDER FOR PUBLICATION.
The above notice is approved by nj
and the same is hereby ordered pub
lished in the MarshaIltown Times
Republican, an official paper OF Mar
shall county. one each week for fou
consecutive weeks, tt.see335aaasst T''rhlica
ton to be not later .thanfAugust 20
1913
Dated at Toledo, Iowa, May 21s'
1913,
C. B. BRADSHAW.
Judge OF the 18th judicial District o
Iowa.