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

prl0f SrantOrS loE ReEloo VI AiAoi v
than twenty years last past. That
these plaintiffs and their grantors
through whom plaintiff claim title have
been in continuous. open, adverse and
notorious possession for more than the
period of limitation. That defendants
and each of them have or claim to
have some right or title adverse to
this plaintih in said land and that
certain clouds exist upon said title, oc-
casioned by certain errors and mis-
takes or oversight. That the interest
Of the said defendants whether known
or unknown Is barred by the statutes
Of limitation.
That this plaintiff allege and believe
the fact to be that said Boston Finders
purchased said described real estate
and described as follows: Lot Four.
(being the north half, Of the south west
quarter. OF the south east quarter, OF
the north west quarter) Of section 25.
township SO, north range. IS, west Of
the 9Th P. NJ. in Marshall County,
Iowa, and which said deed is recorded
in the Recorders Office Of said county
and state, in book ?, on page 176, and
that said Boston Finders has never re-
leased by deed Of transfer his interest
in and TO said described real estate.
But on the contrary said Boston Find
ers and wife, made, executed and de-
livered their deed Of transfer TO one
"-Ml!ac, flanagan and Justice Wor-
cester to and for the South West Quar-
ter, of the South East Quarter, of the
North East Quarter, OF section 25.
township So north range IS, Marshall
County. Iowa, as found recorded In
the Recorders office of said county
and state, in book 2. on page 603. and
that in said deed of transfer the sa!o
land was enormously described as be-
ing in the North East quarter section
thereof for and instead of the North
West" quarter Of said section
That one c. c. Dunlap, made exc
cuted and delivered to one William
Powers and Sarah Powers, defendant
herein, his one certain mortgage, bear
ing date of September 10th, 1871. upon
Lot Six, of the south west quarter, Of
the north west quarter, of said section
25. township SO, north range IS, west
of the 5th P. NJ. in said county and
state, as recorded in the records Of
flee of said county and state, in boot
AZ on page 446 in the sum of Three
Thousand Dollars, due and payable as
follows: One Thousaid Dollars on the
goth day of June. 1872. One Thousand
Dollars on the Goth day Of June 1878.
One Thousand Dollars on the goth day
of June, 1874. That said William
Powers, assigned sold and delivered
said mortgage to one Jesse K.
| Turner That said Jesse X. Turner,
received payment in full of said mort
gage and released the same upon the
margin Of the record thereof. That
said Sarah Powers, has never released
of record her interest in said mort
gage. That the records affirma lively
show that more than twenty years has
elapsed since the date Of said mort
gage and that the records do not show
that less than ten years has elapsed
since the date of the maturity of said
Indebtedness, or any part thereof or
since the right Of action has accrued
thereon, neither does the records show
any extension Of the maturity of the
instrument or of the debt or any part
thereof and that said mortgage has be-
come null and void by operation Of the
statutes of limitations.
That said John Omerod, purchased
said described lot Four, as above de-
scribed. on the 4th day of June, 1881.
as appears of record in the recorders
office Of said county and state in book
1913 on page 355. That said John
Omerod has since died, and on or about
A. D. 1900 and more than five years
previous to this date and upon whose
estate there was no administration
granted in this said county and state,
| that none Of his creditors. If any there
was, petitioned. for any administration
upon said estate and that all creditors,
| if any there was are forever barred
from having any administration upon
said real estate or resorting to this
said real estate for the payment
thereof
That the taxes assessed against said
real estate has been paid by the pres.
ent owner and their gTantc-s during al!
of said time and said taxes have not
been repaid or any offer Of repayment
made.
That the residences and names of the
unknown defendants are unknown to
this plaintiff, though he has sought
diligently to learn the same, but can
not.
That the defendants designated as
unknown have or claim to have some
interest in and to said real estate by
virtue Of their being heirs, devisees.
| legatees and assigns Of the named de-
| PENDANTS and all their claimed inter-
ests have been heretofore Invested and
! barred bs the same means and in the
| same manner as the claimed interests
Of the named defendants.
| For further particulars see petition
now on file.
| Now unless you appear and make
the second day OF the next September
term of said court, to be begun and
held in the court house at Marshall
town, Iowa, on the 1st day Of Septem
Der. 1918. your default will be entered
and judgment and decree rendered
thereon as prayed for in said petition.
Dated this gath day of July. 1913.
ARTHUR B1ENNECKE.
BY P. l. HAYZI4ETT.
His Attorney.
ORDER OF JUDGE.
The above and foregoing Origina
Notice after inspection and examina'
ton Of the petition Of the plaintiff I,
approved by me this 10Th day Of July
1913, ana the same IL ordered pub
iished in the Times-Republican, ,
newspaper OF general circulation II
Marshaltown, Iowa, once for eacl
week for q period of four consecutive
I weeks
i C. b BRADSHAW.
Judge Of the estenteenth judicia
sfh As~<~So< - 49,.