Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1914-12-23
ORIGINAL NOTICE.

| LII the DISlTlCI court OF iowa, IN duu
for Winneshiek County. February
Term, 1915.
Emil Rosenthal, Plaintiff, VS.. Joseph
7. Gilman and Mrs. Joseph T. Gil
man, his wife, Chas. Gill and Mrs
Chas. Gill, his wife, and the City
of DEBORAH, Iowa and their un-
known heirs, grantees, divisees
and their husbands and wives, and
the unknown owners and claimants
of the following described real es.
tate, to-wit: Lots 8, 10, II and
-, together with all the streets
and alleys of Gill's Addition to
West DEBORAH, Iowa, otherwise
known as Lot of the subdivision
of the south east quarter of the
north west quarter of section 10,
township 90, range s west of the
9Th p. M. Defendants.
To above named defendants:
You, and each of you, are hereby
notified that there is now on file in
the office of the clerk of the Dis
trict Court of Iowa, in and for Win
neshiek County the petition of plain
tiff in the above entitled cause, alleg-
ing that he is the absolute owner
in fee simple of the above described
premises; that he and his grantors
have been in open, continuous, eX-
elusive, hostile and adverse posses
sion of said premises under claim of
right and color of title for more than
twenty years last past; that he is
credibly informed and believes that
the defendants, or some of them,
make some claim adverse to him il
and to said premises; and alleging
that Joseph T. Gilman and Mrs. Jo-
seph T. Gilman, his wife; Chas. Gill
and Mrs. Chas. Gill, his wife, are
dead and that the names and places
of residence of the heirs of said par
ties, their assignees, grantees, de-
visees and the unknown claimants or
said above described premises are
unknown to plaintiff, although he
has made diligent inquiry to ascer-
tain the same and that said unknown
heirs and claimants have, or claim
to have. some interest in all or GER
tain portions of the above described
premises, by reason of the fact that
their husbands, wives, ancestors
grantors or assignors have held title
to all or certain portions of said pre-
misses and no subsequent conVeyances
from them appear of record; and al
leging that said premises were plat
ted and dedicated by said Joseph 1.
Gilman and Chas Gill and wives TO
the town of West DEBORAH as oTlll
Addition thereto in 1857 and that IN
about 1892 said plat was vacated by
the town council of West Decorah,
Iowa that no record of such yaca-
ton appears in the Recorders once
of Winneshiek County, Iowa, that
nlaintiff and his grantors have been
in continuous, hostile, open posses
sion Of said premises for more IMAM
twenty years last past and that the
rights of the public to claim any IN.
terest to the streets and alleys lald
out in said plat has long since been
lost and the public is now estopped
to claim any easement in said streets
and plaintiff is now the absolute
owner thereof by prescription; ann
asking that it be decreed that PLAIN
tiff is the absolute owner in fee SIM
ple of all of the above described
premises and that his title be quiet,
ed In MIN dS against Gavin oAA
the defendants, and that it be order
ed and adjudged that the defendants
each and all of them, and all persons
claiming by, through or under them.
or either of them be forever barred
and estopped from having or claim
ing any right, title. interest or lien
in or upon said premises as against
plaintiff, and for such other and fuc'
Their relief as may be deemed equita-
BILE.
And unless you appear thereto ana
defend On or before noon of the sec
ond day of the February, 1913 term
of said District Court. to be begun
and held at DEBORAH, Iowa, in and foc
said county, commencing on Monday
the 1st day of February, 1918, your
default will be entered and Judg-
ment and decree rendered against
Won thereon in accordance with the
prayer of said petition.
p'"' C. N. HOUCK,
Ae-4w Attorney for Plaintin