Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-02-04
soR,oiptAt NOTICE

ORIGINAL NOTICE.
IN tho district court Of Iowa In and
for Marshall county. March term.
A. d. 1914.
Charles w. Walker, plaintiff, vs..
Conaway b. Rhodes and Rhodes,
his wife; C. b. Rhodes and Sarah
Rhodes. his wife; Samuel Shryock and
Rachel H. Shryock, his wife; NJ. g..
Finch and -- Finch. his wife; w.
G., Wier and Hannah Wier. his wife:
G. Seely and Jane Seely, his wife: Jo-
seph b. Rose and --- Rose. his wife;
]. M. Brown and KITTY s. Brown, his
wife; A. White q Bro; Alfred White
and Elizabeth White, his wife; I. N.
White and Emily White, his wife; and
all the known or unknown spouses,
creditors, heirs, devisees, persons,
minors, insane persons or persons
otherwise ncapacitated, claiming title
by. thru or under said persons above
named, or either or any Of said per-
sons above named, and all persons in
terested or concerned in block nine CO..
in the original town Of Edenville.
Marshall county. Iowa. and to all the
unknown claimants to said property
above named and to all persons having
or claiming an interest therein, Nvheth-
er known or unknown, sane or insane.
or otherwise incapacitated, and all I'M
known claimants Of said above de-
scribed real estate. Defendants.
To the above named defendants and
unknown claimants:
You are hereby notified, that there
is now filed in the office Of the clerk
of the district court Of the state OF
Iowa, within and for the county Of
Marshall, they petition Of Charles W..
Walker claiming that he is the abso-
lutte and UNQUALIFIED owner In fee
simple to and praying for the quieting
rof the title in him to the following
described real state situated in the
county Of Marshall and state of Iowa,
to-wit: ALI Of block nine 90 in the
county. Iowa.
That he derives title to said premises
thru various grantors. tracing back to
the government, all as set cut in the
petition, and that any claim adverse is
barred by the statute Of limitation.
Also claiming that Conway B.
Rhodes grantee in the deed at book N
at page 1856 thereof and C. B. Rhodes
recorded in book 81 at page 156 thereof
and that Conway B. Rhodes grantee
in the mortgage recorded in book L at
page 1913 thereof and C. B. Rhodes who
released said mortgage on the record
in book l. at page 1913 were and are one
and the same person and that said
mortgage has been fully released and
satisfied.
Also asking that 1t be decreed that
NJ. G. Finch or any person claiming
by, thru or under him have no interest
in the real estate in controversy and
that all rights acquired under and by
virtue Of the bond for deed made by
Samiiel Shryock. to M. G. Finch on
Feb. TO- 1870, and recorded on April
II, 1915, in book So at page 5s7 has long
since expired, ceased to exist and
barred by the statute Of limitation.
Also asking that it be decreed by the
court that the defendants w. G. Wier
and C. Seely had title to the land in
CONTROVERSY by reason Of warranty
deed from Samuel Shryock which said
deed was never recorded in Marshall
county, Iowa, and that whatever rights
said defendant w. G. Wier and c..
Seely, their wives and any ard all per-
sons claiming bya thru or under any Of
them was barred and foreclosed by the
foreclosure of the mortgage recorded
in book AZ at page 366 thereof
Also asking that 1t be decreed by
the court that the defendant Joseph b.
Rose who received title by sheriff
deed found recorded in book At at page
100 made; q warranty deed and his wife
joined therein Of the east half Of said
block nine zt9) to ]. NJ. Brown which
deed was never. filed for record in Mar
shall county, Iowa: that it be decreed
by, the court that the defendant Sam
March 81, 1875, when he decided the
{. west half OF said block nine (9) to the
defendant J. NJ. Brown.
Also asking that it be decreed by
the court that A. White & Bro, gran
tees in the deed from J. NJ. Brown and
wife recorded IN book 81 of deeds at
: page SIS thereof was a co-partnership
composed Of Alfred White and I. N.
Whiteand that7the Alfred White and I.
N. White who signed a deed as
granters TO w. C. Nirk in book 126 at
page 118 thereof, were all Of the CO.
partnership Of A. White & Bro, gran
tees as aforesaid and that they decided
all Of the interest Of said co-partner-
ship of A. White & Bro, and A. White
& Bro. Alfred White and !. N. White
are one and the same persons.
Also asking that it be decreed by the
court that plaintiff and mis- grantors
and their ancestor have been in open,
notorious, adverse, absolute, unqual-
flied, unbroken and undisputed possess
sion Of all Of said real estate described
in said petition under claim Of owner
ship and right and color Of title and
have paid taxes thereon and made i'm
provements thereon as owners for over
thirty years last past, and that the
title Of the plaintiff to the said prop
erty be quieted, contented, and forever
set at rest, as against the CLANS Of
the known or unknown defendants or
either or any Of them as set out or de-
scribed above.
Now, unless you appear and make
defense thereto, at or before noon Of
/ the second day Of the next March
term Of said court, to be begun and
/. held at Marshalltown, Iowa, on the 9th
day Of March A. D. 1914, your default
) will be entered and a judgment and
! decree rendered thereon as prayed for
in said petition.
? Dated this 4th day Of February. A.
ID. 1914.
CHARLES w. WALKER,
Plaintiff.
Nv pPAnE0RD r. Johnson