Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-03-06

/ County. Iowa.
Joseph Andrew Israel. Plaintiff
vs. r. :
! Alfred Caywood, Alexander Caywood,
, Orlando Caywood, Leander c. Cay
wood. Emeline Shore, Sarah Jane Hunt,
James Shore, Simeon Hunt, Ann Stipe,
| Perlina McCleary, William Stipe, VIII
| liam McCleary, Matilda Caywood, Al
fred Shore. George Shore. Franklin
Newell Elizabeth Newell, and the UNI
known claimants of the southwest
quarter of the southwest quarter OF
section two (2), township seventy one
| CID, range twelve G2), In Wapello
county. Iowa. Defendants.
To said defendants and to each and
all of them, and to the unknown claim
| ants OF the southwest quarter or the
southwest quarter Of section two 90,
township seventy-one CID, range
twelve d2), in Wapello county. Iowa:
You and each Of you are hereby no
titled that there is now on file In the
| office Of the clerk OF the district court
Of Wapello county, Iowa, the petition
Of the plaintiff claiming that he is the
southwest quarter of the southwest
/ quarter of section two (2), township
! seventy one CID, range twelve Q2). In
Wapello county, Iowa, and that said
defendants or any Of them have no
right, title or interest in said real es-
tate or any part thereof; that prior to
| the 10th day Of May, 1855, Allen G.
! his surviving widow, Matilda Caywood.
| and as his heirs at law, Alfred Cay
wood, Alexander Caywood, Orlando
Caywood, Leander c. Caywood, Eme-
line Shore. Sarah Jane Hunt, Ann Stipe
and Pcrlina McCleary: that said
| widow and all said heirs at the time
! Of the proceeding hereinafter named
oin oil Shore
her husbands name was James Shore,
Sarah Jane Hunt, whose husbands
| name was Simeon Hunt, Ann Stlpe,
whose husbands name was William
Stipe and Perlina McCleary. whose
/, husbands name was William Nc
Cleary; that Alfred Caywood and
Matilda Caywood were appointed ad-
ministrator and Administrative Of the
estate and brought proceeding in the
county court of Wapello county, Iowa,
to sell the real estate belonging to the
estate of Allen G. Caywood, deceased,
to pay debts in said proceeding to sell
real estate, in the notice thereof In the
order Of sale Ind in the deed made
| hereunder the land was described as
the southwest quarter of the northwest
half Of section 2, township II, range IL,
in Wapello county, Iowa; that said de-
| scription Is incorrect, Inaccurate and
indefinite and does not properly de-
scribe the land intended to be sold and
conveyed that the parties named are
| the widow and only heirs at law OF
! Allen G. Caywood, deceased, SO FAR as
plaintiff has been able to lean and
ii there were other heirs of Allen G.
Caywood, deceased, or other parties
| interested in said land at the time of
said proceeding, they and their UNI
known spouses are included in and
! made parties heretot as among the
l o1~I~, 49, col a
that the plaintiffs title in and to said
real estate comes through said pro-
ceeding, and on account thereof there
Is cloud thereon; that in some parts
Of the proceeding the surname was
spelled "Cawood," but the correct
spelling Of the surname is "Caywood:'
that on March II, 1855, Alfred Shore,
James Shore a deed for certain land
;. in. Wapello county, Iowa, described as
! follows: The one-third G-3) Of the
south quarter Of section two. township
/ scventy-one, range twelve, IN the
northwest corner, containing % ID
acres, recorded In land deed record III, !"
Epage 500, Of Wapello county, Iowa,
! Shore, George Shore and James Shore
executed to Alfred Shore decd for the
one third G-3) of the southwest quar-
ter Of section two, township seventy
| one. range twelve, off Of the east side,
| containing SO Ia acres, in Wapello
county, Iowa, recorded in land deed
record III" page 500 Of Wapello coun-
ty, Iowa, records; that on March II,
| 1855. Alfred Shore, George Shore and
James Shore executed to George Shore
q deed for the one-third I-3) part of
the south quarter of section two,
township seventy one. range twelve, in
| the southwest corner, containing SO 1-3
acres, in Wapello county, Iowa, record
I ed in land deed record HI" page $50,
OF Wapello county, Iowa. records; that
said descriptions in said three deeds
. last mentioned are inaccurate and i'm
perfect and cast cloud upon the title
Of the plaintiff in and to said land be-
longing to him as hereinbefore de-
scribed: that there is no conveyance
on record, conveying to said grantors
in said three deeds last mentioned any
interest in said land: that they were
in some way connected with the heirs
! Of Allen G. CayWood, deceased; that
Emeline Caywood, a daughter Of Allen
G. Caywood, married q man by the
name Of Shore as the plaintiff herein
is advised; that the grantees in said
three deeds last mentioned have not
conveyed away whatever interest they
acquired under the said deeds to any
one as shown by the records Of Wapel-
! 10 county, Iowa; that the PLAINTIFF
herein does not know and has been un :
able to learn whether or not the grant
ors and grantees in said three deeds
were married at the time Of their exc
4 cution; that on April 80, 1852 Frank
lin Newell and Elizabeth Newell, his
wife, executed ITO Moses c.. Israel a
warranty deed, conveying to him the
land now owned by the plaintiff and
said deed is recorded in land deed
record Il" page 100, of Wapello coun-
I ty, Iowa, records; that there Is no re-
cital in said deed that the grantors
were husband and wife; that they were
at the time husband and wife; that the
only title the said grantor, franklin
Newell, had or ever acquired in and
to said land was such as was conveyed
to him by the deed executed to him on
August Is, 1856, by Alfred Caywood
and Matilda Caywood as the admin
istrator and administrative Of the es-
tate Of Allen G. Caywood, deceased,
and that said deed is recorded in land
deed record *" page 472. of Wapello
county, Iowa, records, and said land
was therein described as has been
herenbefore stated: that the plaintiff
herein acquired his title as son and
| I,oi, oF