Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1914-08-26

Clerk of the District Court of Iowa,
in and for Winneshiek county,
at the Court House in the city of
DEBORAH, Iowa, the petition in equity
of the plaintiff herein claiming that
he is the absolute owner in fee SIM
pie of the following described real
estate, situated in Burr Oak village,
Winneshiek county, Iowa, to-wit -
Lots one %. four ca. five 60,
eight (S), nine CO.. and twelve (12)
in block five 60 Willsie's addition
to Burr Oak, Iowa, according to
plat filed May 9Th, 1856, in Office of
Recorder of Winneshiek county
Iowa, and recorded in Book "A" of
deed records Of town lots on page
245; that he is credibly informed
and believes that the defendants
herein make some claim of right
title or interest in and to the said
premises adverse to the plaintiffs
title thereto, but that any such
rights, title or interest that any Of
the defendants may have once had
in such premises have been barred by
the statute of limitations, and have
been lost to the defendants by the
adverse possession of the plaintiff
and his immediate predecessors in
title and possession; that the uu-
known defendants make some claim
of title or interest in said premises
adverse to plaintiff, but as to the
specific nature of such claims, and as
to the manner of devolution thereof
this plaintiff cannot more particu-
larry state: that the plaintiff does
not know the names and residences
of the unknown defendants though
he has sought diligently to learn The
same; that a certain mortgage COW
ering the lands described in plain
| tiff's petition, dated February 9Th,
1864, filed for record in the office OF
the Recorder of Winneshiek county,
on May Goth, 1864, and recorded in
Book a. on page 243 thereof, and
assigned by the grantee therein,
Stephen Berry to one A. B. Sage,
which assignment is recorded IN
Book "A" in the Office of said Recor-
der on page 244 thereof, has been
in fact paid off, and the MORTGAGE
therein has no further rights there
in. and the attempted cancellation
of record should be decreed to be
complete and sufficient; that GER
tain mortgage covering the SAID
real estate, bearing date May 25th
1SSS, filed for record in said Recor-
dcr's office on May Goth, 1888, was
made by mutual mistake to describe
the lands herein described, when
such description was not so intend
ed and that the grantor therein had
no interest in the said premises.
! Plaintiff asks that the mortgage
described in his said petition in par
agraphs seven and eight be decreed
TO be paid off. and the debt secured
thereby no longer an obligation
against the mortgagor and that the
mortgage be decreed TO be no Longer
lien against the said premises anu
that the clerk of the said court De
appointed a commissioner to salts
fy of record the mortgages descrip.
ed in said paragraphs seven ana
eight of plaintiffs petition; that
PLAINTIFFS title and estate In sara
nremises be established against the
adverse claims of all defendants. and
that the title to said premises De
ouieted in the plaintiff, and that the
defendants and all persons claiming
nv. through or under them or either
of them be barred and forever estop-
ned from having or claiming any
right, title or interest In the salu
PREMISES. and that any denfendaht
wrongfully setting up a detehse %
this proceeding be adjudged to pay
the costs of said proceeding. and TOT
general equitable relief. Now there,
fore unless you appear and defend
ON or before noon of the second aaI
of the next regular term of said court
which will commence at the court
House in the city of Deeorah, IOWA
on September 21st, A. ID. 1914 ue-
fault will be entered against YOU
and judgment rendered in this cause
in accordance with the prayer OF
said petition. ,,ooT
i Attorneys for Plaintin