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

conveying the Northwest Quarter (1k)
Of the Northwest quarter (A) Of SEC.
ton No. Thirty-nve (36). Township
No. Eighty-dve ts5).. North Range No.
Twenty 900. West OF the 9Th p. M.
AArshall County. lows. which deed
was executed February - 1858. ana
recorded in Book M. Pase 6S6. in the
Office OF the Recorder Of Marshall
County. iowa, and Alexander Thomp-
son. defendant in the Decree Of Fore
closure. recorded in Marshall County
District Court Record b, Page 3ol.
were in fact one and the Same person,
That James Fairman. grantee In tho
Warranty Deed for the two acres re-
flee OF the Recorder of Marshall Coun-
vious to September 81. 1859. convey
said two acres shown on the book and
page last aforesaid to Ephin Wolsver.
but the fact is that said deed was lost
and never entered Of record in tho Of
flee Of the Recorder OF Marshall Coun.
ty. Iowa.
That In the Warranty Dsed Of Ephlin
Wolever and wife to ]. T. Chandler
dated September FL. 1859. which deed
is recorded in Book 80. page 611. in the
Office Of the Recorder of Marshall
County. Iowa. said deed recites that
the land is subject to two certain
mortgages. one given by Daniel Allen
and one by Ephlin Wolever. but In
fact no such mortgages ever incum-
bered said land, nor is there any record
Of any instrument vesting title to said
land in the book and page last above
described in Daniel Allen or by Ephlin
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 and wife to Charles II.
Davors. which deed Is recorded in Book
Is, page 1924, 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 AIlern never owned any portion
Of said premises az recited in the book
and page last above described
That Sarah J. Clark, grantee in the
mortgage conveying the Northwest
Quarter (A) OF the Northwest Quarter
fn1 Of Section No. Thirty ave 1857.
Township No. Eighty-fiye (s5l. North
Range No. Twenty. (2ol; West Of the
9Th p. NJ, which mortgage bears date
December IL. 1873. and Is recorded in
Mortgage Book SO. page 10. In the Of
fice OF the Recorder. OF Marshall Coun-
ty. Iowa, endeayored to foreclose. said
mortgage by decree of FORECLOSURES. as
shown in Decree Record :, Page ~, In
tho Office Of tho Clerk of AaFahall
County. iowa, but In fact said decree
does not quiet her right. title ana In
terest In and to said land. ALTHOUGH 1t
was tho intention OF the Court 30 to
do. M.M
That in the foreclosure Of the mort
gage executed by Robert r. Elder and
Rsbecca K. Elder. which mortgage Is
recorded in Book B. Page Se2, 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 his wife Rebecca K.
Elder. and both Of said parties were
made parties to the foreclosure pro-
ceedings although the records do not
So show, yet the plaintiff AYERS that all
interest Of the said Elders was barred
and forever foreclosed under decree OF
foreclosure in the District Court Rec
ord B. Page 394. and that Rebecca IS.
Elder, who executed said mortgsBes
Rebeca Elder mentioned In the fore }
closure proceedings recorded In Distr1ce
Court Record B. Page 3s4. and Rebeca
r, Elder mentioned In the Original
Notice in said foreclosure proceedings
were in fact all one ana the same
person.
It il further claimed and averred that
the petitioner and the claimant ZOE
more than ten years last past have
heen IN open. continuous. hostile and
adverse possession OF the above 90.
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. That
the unknown heirs OF each Of the
above named defendants. and the UNI
known claimants. whether sane, insane
or minors are made defendants because
OF any clsims 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. 10 un-
known to these plaintiffs. and that any
claim that may be asserted by either
OF the heirs. known or unknown. or
unknown claimants. or the defendants
named. 10 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 tho said real estate: that
the names and residences OF such per-
sons a. are mentioned or referred to
above. are unknown to these petitioners
that a 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, OF their unknown heirs OF
unknown claimants. and are set forth
as definitely az can be done.
Plaintiff prays that his claim OF
Ownership in said real estate be estab-
llished in fee simple ~ against any and
all claims of defendants and each OF
them, or any person claiming by
through, or under them; that they be
daceooA IN have M right title. or IN