The Oskaloosa herald., 1914-11-05


the North Half IN. ~ OF the North
east Quarter IN. e. "a OF Sec. Twenty
six (26), and the East Two-fifths (2-51
of the Northeast Quarter IN. E. ~
of the Northwest Quarter IN. w, A)I
of Section Twenty-six (26), all in
Township Seventy six (76), Range
Fifteen (l5) West of the sta P. NJ.
That he claims said premises as
one of the heirs Of John F. Ruby, de.
ceased, and under and by virtue of
the will of Andrew Ruby, deceased.
That the mode Of devolution Of the
interest of all of the defendants in
said land, except Thomas Batten and
the unknown heirs, assignees, legatees
grantees, representatives, spouses and
minors, and all persons claiming any
right by, through or under any or all
of said defendants, and the unknown
claimants heTeinbefore mentioned, and
the Judgment creditors hereinafter ma
the judgment creditors hereinafter
named was derived as heirs or lega-
tees under and by virtue of the will
seized of all of said real estate.
That the mode of devolutIon of the
interest of the defendants Thomas
Batten and the unknown heirs, as
lsignees, legatees, grantees, represen-
tatives, spouses and minors, and all
persons claiming any right by,
through or under any or all of
said defendants, and the unknown
claimants of the following described
. premises situated in Mahaska Coun-
ty, Iowa, towit:
The West Half wv. w of the
Southeast Quarter Is. Il. u aud the
, Southeast Quarter Is. e. NJ of the
Southeast Quarter S.E,A) of Section
J Twentythree (23G and commencing
J at the Southwest corner of Section
Twenty-four (24), thence North TWEEN
ty-two(22) chains to Middle Creek,
thence Southeast with the right bank
of said Creek to the South line Of
said Section, thence West fourteen
, Q4) chains to place of beginning
also the Northwest Quarter IN. w.
, W of the Northwest Quarter IN. w.
" of Section Twenty-Five (25); also
the North Half IN. ~ of the North.
east Quarter IN E. W Sec. Twenty
six (26), and the East Two-fifths (2-5l
, of the Northeast Quarter IN. p. ~
, of the Northwest Quarter IN. w. NJ
! IT Section Twenty-six (26), all In
: Township Seventy six (76), Range
L Il
: Was obtained under and by virtue
of a certain deed executed by George
, NV. Crowder and Ann K. Crowder to
Thomas Batten on the 3rd day Of
August, 1860, purporting to convey
to the said Thomas Batten the South.
: east Quarter Is. Il. ~ of the North
. west Quarter IN. w. " Of the North.
! west Quarter IN. w. ~ of Section
! twenty-five (25), Township Seventy.
, Isix t76), Range Fifteen u5), but that
said defendants are barred and estop'
ped by their laches from selaiming
any right or title In and to said prem
ises. ~.
That said petition claims that Arll.
, la Ruby, Andrew Nv. Ruby, Wesley S,
Ruby, Augusta Ruby, William II. Ru.
by, Charles A.. Ruby, Cora M. Haun
Blanche HusA, Wayne Hush, Opal M
J Hush, Frank M Criss, Belle McMul
! lien, Ann McMallen, Victoria Bolles
! Margaret Martin, Mary K. Nash Ella
/ Andrews, Minnie Mckinney, Iowa Ma
!, Eteef. Efffe Reynolds, Arthur A. Hanna
!; Della Stringfellow, Herbert Hanna
!, fOmar K. Hanna, Rose Cowan, Ralph
q w. Stewart, james H. Stewart, Eth
SersosoH, Harry o.. Stewart, Alder
: wv Stewart, Alfred w. Stewart, VIII
|. liam F. Stewart, Mary Myers and la
! tvid s. Stewart have an interest in al
of said real estate, but denies thai
: any of the other defendants aereir
} have any claim or interest therein.
, That the defendants, Burdick-Cor
bin Company, Oskaloosa Traction 8
Light Company, Oskaloosa Manufac
turing Company, ]. r. McGregor, A
J Augustine and Moore & Evans are
-
Vdant Herbert Hanna, and have
|. iexcept as said judgments may be
tliens upon his interest in said prop
}, Eerty.
Il That the Plaintiff has made diIigent
! tsearch to ascertain the names and
: Residences of the unknown claimants
| but has been unable to do so.
, Said petition prays for partition
and sale OF all of the premises herein
1 described, and division of the pro
/. eeeds made among the parties accord
4 ing to their respective shares and
prays for general equitable relief, and
! for costs, and that the title to said
: real estate be quieted in this plain
e tiff and all OF the defendants herein
: named as having an interest in said
. real estate; that the liens of said
: Judgment creditors be deducted from
! the shares of the parties owing the
2 same and paid to the respective lier
3 holders, and that said other defend
] ants be decreed to have no interest
therein.
: And unless you appear hereto and
. defend before noon of the second
. day of the December, 1914, Term Of
this Court. which will commence on
3 the TIN day of December, 1914, de
!. fault will be entered against you and
I Judgment and decree rendered there
[ on as prayed for in said petition.
/ BURRELL & DEWITT,
. Attorneys for Plaintiff.
15w4 ..
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