Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-07-31

B. f. Maple and wife to Charles H..
Davors. which, deed Is recorded IN Book
As, page 32A. 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 a 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 J. Clark. grantee in tho
mortgage conveying the Northwest
Quarter (A) Of the Northwest Quarter
GA) OF Section No. Thirty-five $3.50.
Township No. Eighty-tive $3.50. North
Range No. Twenty (20). 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 3, Page 70, 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 1t
was the intention Of the Court SO to
do.
That In the foreclosure OF the mort
gage executed by Robert r. Elder ana
Rebecca X. Elder. which mortgage IL
recorded in Book B, Page 362, 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 n.
Elder. and both of said parties were
made parties to the foreclosure pro-
ceedings. although the records do not
so show, vet the plaintiff AYERS that al!
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 X.
Elder. who executed said mortgage.
p,chcca Elder mentioned in the fore
closure proceedings recorded in District
Court Record B, Page 1884, and Rebeca
r. Elder mentioned in the Original
Notice in said foreclosure proceedings
were in fac: al! one and the same
person.
1, is further claimed and averred that
the petitioner and the claimant ZOE
more than ten years last past have
been in open, continuous, hostile and
adverse possession of the above de-
scribed property with color of title. and
that all claims of any of the deiend :
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. Ihnt
the unknown heirs Of each or the
above named defendants, and the un :
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 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, 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 q diligent search has been made
to learn the same or facts relatins
therein or 70 the claims. II any they