Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-11-20

Byrnss, widow. ana any ana III un-
known heirs o. lsocen0AntD Of each
and al Of said defendants, whether
sane or insane or minors. ana al
| their heirs devigoeS. assignees, cred.
itors, spouses. surviving spouses ana
| Ill unknown claimants to any right,
| title or interest In ana 70 the N. y
Of the n. W. = ana the W. n OF the
n. E 4 and the n. W. = Of the &,
d. 4 al in section No. Is. In towns
ship No. 50, north, and OF range No,
10. west Of the 6th r. n, Marshall
county. iowa, AefendAnts.
To the above named defendants ana
unknown claimants: h
You and each Of you are hereby notis
fed that there IL now on hle In the of
| flee Of the clerk Of the district court in
and for Marshall county. Iowa. the; pe-
tition Of Hubbard Hurlbut claiming
that he - the absolute and unqualified
| owner in fee simple to ana praying for
the quieting Of the title In him Of the
following described real estate situated
In tho county Of Marshall and state Of
iowa, to.wit: The N. y Of tho N. w.
4 and tho w. y Of the n. =. Il ana
tho N. W. y Of the 8. r. 4. all in Sec
| ton No. Is. in township No. 80, north
and Of range No. 10. west Of the 5th
p. M. Of Iowa, which premises he
claims by purchase and conveyance TO
him by warranty deeds from Edmund
Hurlbut and vito and VIM. Baker and
| wife, ana that no and his grantors
have been In open, notorious, adverse,
continuous ana und1sputed possession
thereof under color Of title and claim OF
right for over hfty-hve years last past.
making improvements thereon ana
paying al taxes assessed against said
premises during all of said time.
That the chain Of title by which
plaintiff claims said premises 10 as fols
lows: Patent to Edmund Hurlbut from
the United States to the w. y OF the
N. e. y Of said section Is. township
SO. range Is. recorded In book 2ss. page
12s in the Office Of the recorder Of
deeds and mortgages Of Marshall coun-
ty. iowa: deed from Thos. B. Abel ana
wife. 70 Edmund Hurlbut, which was
lost or destroyed and not filed for rec
ord. By act Of congress to the state
Of Iowa to the N. W. Y Of the 8. e. ~
Of said section. township and range on
May IL. 1856. Patent from the STATE
Of Iowa to the G. r. q NJ. r. r. Co. re-
corded In book 113. page 1874 Of SAID
records and deed to Edmund Hurlbut
from the c. r. & NJ. r. r. Co. recorded
in book 81. page 14e Of said records.
Patent from the United States to-
Wells 8. Rice to then. E. Y Of the
N. w. Y Of said section. township and
range. recorded in book 2S6, page 12S
Of said records. and by him and wife
to Edmund Hurlbut by deed recorde4'
in book A. page 4oS Of said records, and
from Edmund Hurlbut ana wife to!
plaintiff, Hubbard Hurlbut by decd to-
the w. " Of the N. e. X and the N. w.
X Of the 8. E. X and the N. e. 4 81
the N. w. X all in said section. town.,
ship and range, recorded in book 1913,
page 17S Of said records.
Patent from the United States to
George w. Scasholtz to the N. w. "
Of the N. W. 4 of said section, towns
sbip and range. recorded in book M.
page 1924 of said records. BY G. W.,
Scasholts to Greenleaf NJ. Woodbury.
by deed recorded in book q, page So,
Of said records, ana at the time of said
conveyance grantor was a single and
unmarried man. Greenleaf NJ. Wood
bury and wife to the said George w,
Scasholts by deed recorded in book FL.
page $50 Of said records. BY George
w. Scasholts and wife to Michael
Brand by deed recorded in book I. page
626 OF said records. That Michael
Brand executed q bond for q deed to
Geo. w. Scasholts recorded in book
G.. page 618 of said records. and he
and wife afterwards conveyed said
premises to Michael Brand by deed
recorded in book NJ. page 326 Of said
records, in satisfaction Of said bond
for deed. That George w. Scasholtz.
q. w. Scasholts. George w. scasholts
and George Scasholtz whether pats
veyances. was one the same and identiA
cal person.
Michael Brand to Benz. johnson by
deed recorded in book 2. page SIG Of
said records. Benz. johnson to William
Baker by deed recorded In book L.,
page 45s Of said records. and VIM.
Baker to the plaintiff, Hubbard ,Hurl@
but by deed recorded in book ~. page
Fl Of said records.
That the tax title decree obtained on
November 8. 1857 to the n. w. Y ~
the N. E. Y Of said section. township
and range, by Thos. b. Abel was by
mistake or oversight, and when the err
ror was discovered he and wife re-
conveyed said premises to Edmund
Hurlbut, and the said Thos. B. Abel
never entered into possession Of said
premises nor paid any taxes thereon
or made any claim thereto.
That all the defendants. their heirs
and descendants. and claimants herein
named, whether known or unknown,
whether sane or insane or minors, SURE
viving spouses, heirs. legatees. dew.
isees, assignees. assignors. personal rep
resentatives or any other person OF
persons having or claiming to have
any right, title or interest in and to
said premises. are made defendants on
account Of some right Or claim they DO
or might assert to said premises, which
Is unknown to this plaintiff, and that
the names and residences Of such de-
PENDANTS and claimants are unknown
to plaintiff, although he has diligently
sought to learn Of same, but has been
unable to do SO, and that any claim. de-
mand or right Of said defendants. un-
known defendants and unknown claims
ants and their heirs. whether sane or
insane or minors. or anyone claiming
by through or under them, are With :
out merit or right and long barred by
the statute Of limitations, all Of which
will more filllv appear by reference to