Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-02-25

page 442 OF the deed records of Mar
shall County, Iowa, purports to acquire
title to part of the tract of land from
which the premises first hereinbefore
described are plated. Plaintiff. how
ever, AYERS the fact to be that said deed
enormously described the premises in
tended to be conveyed therein that
the premises intended to be conveyed
thereby We're situate in Section No %
Township 81, North OF Range No. 49,
and that such was the intention Of the
parties to such deed and that the said
John A. Kelly. either by himself or
his heirs. or any person claiming by,
through or under him, at no time. held
or had any interest in the premises as
hereinbefore described adverse to this
plaintiff or his grantors and that Ernest
D. Lanfear. who was the brother Of this
plaintiff named in the last will and
testament Of Mary ]. Cooper. deceased,
many years prior to the demise of the
said Mary J. Cooper, and that the said
Ernest D. Lanfear took no title, right
or interest in and to the premises first
hereinbefore described under the terms
of the last viii, and testament of said
Mary j. Cooper, deceased.
Plaintiff further AYERS in his said
petition that there are persons whose
names and residences are unknown to
the plaintiff, although he has sought
diligently to earn the same. who claim
an interest in the real estate hereinbe-
fore described, adverse to plaintiff as
the unknown heirs al law, survivors.
deV1Sees or grantees, respectively, OF
the defendants above named and the
unknown persons claiming an interest
in said real estate by inheritance
devise. grant or dover right. through
or from the above named defendants,
as to each Of which unknown claim
ants and the above named defendants
plaintiff there AYERS that any and all
right, claim, title OF interest upon the
part Of each and all OF such defen-
dants and unknown claimants is now
barred by the statute Of limitations:
that the plaintiff and his prior grantors
in the chain of title have been in alb
solute, open, apparent, undisputed. ad-
verse and undisturbed possession Of
said premises under claim Of right and
color Of title for more than ten years last
past; that the plaintiff is unable to
more definitely state how the interest
Of any such unknown person or per-
sons has been derived than is herein
before stated, but plaintiff verify be-
lieves that all such unknown persons
have been Invested Of any such inter
est they may have in said premises by
reason of facts In said petition set
forth; that PLAINTIFF has sought dill
gently to learn the name. residence and
interest Of each and every one Of. such
unknown claimants. and the name.
residence and interest Of each and
known to this plaintiff; that each and
all Of the above named defendants and
unknown claimants are residents
of the. state of Iowa, and plaintiff ma kes
no claim for personal judgment against
any Of said defendants or unknown
claimants.
Plaintiff pray,s in his said petition
that his fee simple title and interest
In the above described premises be
established against the adverse claims
Of the defendants and unknown claim
ants, and that said defendants and all
unknown claimants and all persons
claiming by. through or under any Of
them be barred and forever estopped
from having or claiming any right or
! title adverse tc this plaintiff in and
to said premises and that the title
thereto be quoted and established in
plaintiff and for such other and
further relief as may be equitable in
the premises: all as fully set forth in
said petition, to which you are referred
And now, unless you appear thereto
and make defense before noon Of the
second day of the March Term, A D.
1914 Of the said District Court which
commences on the 9Th day of March
A. D., 1914, at the Court House in Mar
shalltown, Marshall County, Iowa
default will be entered against you and
decree rendered thereon, as prayed.
c. H. VAN LAW,
Attorney for Plaintiff
The above original notice being pre-
sented to the undersigned, Judge o!
the District Court Of Iowa, in and for
Marshall County, this End day OF
February, A. D., 1914. is hereby APP
proved and such approval is endorsed
hereon; and 1t is ordered that such
notice be published in the Evening
| Times Republican, newspaper OF
general circulation, published at Mar
shalltown, in Marshall County, Iowa
once a week for four consecutive weeks
| the last Of which publications shall no,
be later than February 26th, A. D., 1914
Done this End day Of, February, A. D
1914, at Chambers.
Signed, 3. F. CUMMINGS,
Judge 18th Judicial District Of Iowa