Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-06

Jacob b. Rolston deceased, have and
hold paramount title under and by
virtue OF prior grants, conveyances.
devises and by inhcritances from and
thru prior grantors. their predecessors
and ancestors and are owners in fee
simple Of said premises.
That of the persons making adverse
claims to the estate and interest OF
this plaintiff and the widow and heirs
at law of said Jacob b. Rolston, de-
ceased. plaintiff is informed and be.
lieves that such claims are as herin-
after set forth.
Plaintiff further alleges that there
are persons whose names and resi-
dences are unknown to her although
che has sought diligently to learn OF
their names and residences who claim
an interest IN the real estate above
described adverse to the claims herein
asserted in behalf Of plaintiff and the
widow and heirs at law OF Jacob B..
Rolston, deceased. and that such un-
known persons can only be designated
as follows:
The unknown spouses, heirs at law.
devisees or grantees respectively of the
foregoing named defendants and the
unknown persons claiming an interest
In and to said realty by inheritance,
dover, grant or dover right vested or
inchoa:e, thru or from the above named
defendants or some Of them whom
they claim were the owners In fee
simple of said lands or some portion
thereof, and the unknown persons who
by RICH. of inheritance. dover, devise
or grant thru or from such spouse,
heir at law. devisee or grantee, and the
unknown surviving spouse. heir At law
devisee or grantee of such unknown
person or persons claiming an interest
in some portion Of the aforesaid realty
and that each and all of said defend
ants are non-residents of the state of
Iowa and such residence is unknown to
plaintiff, but that the interest Of such
unknown persons. defendants. so far
as plaintiff Is able to designate with
particularly and the mode Of devolu-
ton of said alleged claims Of title are
as follows:
That Florence Abel Byrns. the
sole surviving heir at law OF
Thomas B. Abel, being an unmarried
woman, claims some title and interest
in said property by virtue Of certain
decree Of date April Goth, 1858. in ia
vor Of Thomas B. Abel her father,
but that said decree did not confer any
title upon said Thomas B. Abel and
that any claim or interest which may
be made on account thereof has long
since been barred by the statute OF
limitations running in favor of Jacob
B. Rolston and his grantors VINO nave
held said premises under claim of right
and color Of title and WITHOUT being
disturbed therein for more than the Pc
riod Of the statute OF Limitations.
That the unknown heirs Of Diana
Ballard make some claim to title and
interest in said property on account OF
a certain warranty deed made to Diana
Ballard on February oath. 1855, b::t
that said Diana Ballard was fully d.
vested OF such an interest and title by
subsequent conveyance by deed Of date
February 9Th. 1873, in which she exc
cuted the same under the name Of
Diana Carver. she having united IN
marriage with A. a. Carver who Joined
in such conveyance.
That the unknown heirs at law Of
Reuben Ballard, Jabez Ballard and
Hugh Ballard claim some interest and
title in said real property but that in
truth and in fact such interest was
conveyed in a certain deed OF date
July 10th, 1866. the grantors therein
being of lawful age and unmarried.
That the unknown heirs of Andrew
A Carver make some claim to title and
interest in said premises but that said
Andrew A. Carver was wholly Invested
OF such interest and title by convey
ance subsequently made under the
name of A. A. Carver. and that said
Andrew A. Carver and A. A. Carver
were one and the same person and
Identical.
That the unknown heirs OF A. c.
Bartlett claim some interest and title
in said real property by reason Of a
certain deed of date February sth, 1878,
but that said A. c. Bartlett was in
fact wholly Invested of title by devise
under the will of Aseph c. Bartlett and
subsequent proceedings in court for
the admeasurement Of dover Of his
surviving widow Roxy A Bartlett and
an application to sell said premises by
c. Bartlett. and that said Aseph c..
Bartlett and A. c. Bartlett were one
and the same person and Identical.
That John NJ. Weber, who. on Au-
gust End, 1882. made and executed an
UcGo ~ So1o
was In fact the executor Of the will Of
said Aseph c. Bartlett and that said
deed was executed by due authority of
the court in an action wherein the
court had jurisdiction Of the subject
matter and the person Of all the heirs
| at law Of said testator. and that while
| said deed recited that it was made by
John NJ. Weber as administrator,
| when in truth and in fact he was exc
cutor, that said sale and conveyance
wholly Invested the widow and heirs
| at law of said Aseph c. Bartlett of any
and all interest in and to said real
property.
That the unknown heirs Of Roxy A.
Bartlett claim some interest and title
IN said real property, but in truth and
in fact said heirs were wholly Invested
/ OF any such interest ana title By .eesc.
Of the fact that the dover interest OF
said Roxy A. Bartlett was duly ad-
measured in proceeding in which the
court had Jurisdiction and in which
| due and legal service was had upon all
| the heirs of Aseph c. Bartlett, de-
| ceased, and that said Roxy A. Bartlett
in a subsequent conveyance OF said
property so assigned to her. was wholly
| Invested Of all interest and title in said
| premises.
| That while there were certain dis.
crepencies In the names Of the heirs a,
| lo,,, A~anh porflnff nnoo II