Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1914-09-09

for Winneshiek county, September
term A. d. 1914.
George Sullivan, Plaintiff, VS.. Ma
linda A. WILDER, and--Wil-
Der her husband; William Mari
Gle and---Maricle his wife;
William A. Stuart and
Staurt his wife; Clark Weeks and
-Weeks his wife; F. ]. Beck
stad and H. j. Gardner; Dorcas
Ann Sherwin, Eliza Jane Fredin.
burgh, Eugenia Maria Douglas
James Albert Douglas, Kim.
ball husband of Sarah Kimbal
on September oath, 1890; Abigail
Tyler widow of R. A. Tyler deceas.
ed; Abigail Tyler as executrix OF
the last will and testament of r
A. Tyler deceased; William Peard
and--Peard his wife; Julia
C. Billings, Billings hel
husband; Julia A. Billings and
--Billings her husband, and
all the spouses, heirs, divisees
legatees, transferees, mortgages
trustees, cestuis que trustent, per-
sonal representative of the fore
going named defendants, and all
the unknown owners or claimants
of any right title or interest in or
to Lots One Cd, Four ca, Five
CO.., Eight (S), Nine CO.., and
Twelve (12). in Block Five go
of Willsie's Addition to Burr Oak,
Iowa, Winneshiek County ac-
cordisg to plat filed in the office
of recorder Of Winneshiek county,
Iowa, on May 5th, 1856, and re-
corded in Book "a" of Deed Rec
ord of Town Lots on page 245,
and all persons claiming any
right of action against the estate
of r.. A. Tyler deceased, Defen-
dants.
70 the above Defendants:
You are hereby notified that on
n before August 18th, 1914, there
will be on file in the Office Of the
Jerk of the District Court Of Iowa,
n and for Winneshiek county,
t the Court House in the city OF
)ecorah, Iowa, the petition in equity
# the plaintiff herein claiming that
lie is the absolute owner in fee SIM
lie of the following described real
state, situated in Burr Oak village,
county, Iowa, to-wit:-
4ots one a., four ca, five co,
light (S), nine CO.. and twelve t12)
n block five CD Willsie's addition
o Burr Oak, Iowa, according to
,lat filed May 5th, 1855, in office OF
Z ecorder of Winneshiek county
owa, and recorded in Book "A" OF
Iced records of town lots on page
.45; that he is credibly informed
md believes that the defendants
herein make some claim of right
title or interest in and to the saio
premises adverse to the plaintiff s
title thereto, but that any sucf
rights, title or interest that any Of
he defendants may have once ha6
in such premises have been barred b!
The statute of limitations, and have
been lost to the defendants by the
adverse possession of the plaintiff
and his immediate predecessors IL
title and possession; that the un
known defendants make some claim
Of title or interest in said premise
adverse to plaintiff, but as to thu
specific nature of such claims, and
to the manner of devolution thereo
this plaintiff cannot more particu
larly state; that the plaintiff doe
not know the names and residence
of the unknown defendants though
he has sought diligently to learn In
same; that a certain mortgage Gov
ering the lands described in plain
tiff's petition, dated February 9th
1864, filed for record in the office o
the Recorder of Winneshiek county
on May goth, 1864, and recorded II
Book "A' On page 243 thereof, ant
assigned by the grantee therein
Stephen Berry to one A. B. Sage
which assignment is recorded II
Book "A" in the Office Of said Recor
der on page 244 thereof, has beef
In fact paid off, and the mortgage
therein has no further rights there
in, and the attempted cancellation
Of record should be dccreed to D.
complete and sufficient; that a Ger
tain mortgage covering the sait
real estate, bearing date May 25th
1888, filed for record in said Recor
icr's Office on May 29th, 1888, wa
made by mutual mistake to describ'
The lands herein described, whel
such description was not so intend
ed and that the grantor therein ha'
20 interest in the said premises.
Plaintiff asks that the mortgage
described in his said petition in par