Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-06-04
ORIGINAL NOTICE..


Shelter, Lewis Roy Shelter. Martha
J. Rich, Anna A. Johnson. widow of
George N. Shelter. Clara Belle Allen.
Clarence Roy Shelter. Emma May
Shelter and to their unknown heirs.
sponses, grantees or assigns; and
also to Kelley, grantee In the
deed from Thomas Cole and wife.
dated June Sd, 1872, recorded in book
So, page 447, of the deed records OF
the recorders office OF Marshall
County Iowa. and conveying the boz
low described real estate. and to his
unknown heirs; and to all persons
whomsoeyer and to all unknown
claimants, whether sane insane. min
ors or persons suffering with any
disability whatsoever, claiming or
that may hereafter make any claim
to any right, title. claim or interest IN
and to the following described real
estate, situated in Marshall County,
Iowa, tO-wit:
The north forty feet of lot No. one OF
Coles Subdivision of the southwest
quarter of the northeast quarter. OF
Section No. thirty five (35), in town
ship No eighty four (SD North. Range
No. eighteen (18) west of the 9Th p. M.
of Iowa, and also to c. G. Cottle and
NJ. +. Andrews, their unknown WIDOWS.
heirs, grantees, and assigns, whether
sane or insane, minors or adults: You
and each of you are hereby notified
that there is now on file in the office or
the clerk of the District Court Of Iowa,
in and for Marshall County, the petition
of William r. Elliott, as plaintiff. claim
ing of you that he is the unqualified
owner. in fee simple. of the above de-
scrtbed real estate. as against YOU ana
each of you. and that he and his I'M
mediate grantors. under color OF title,
have been in open. adverse. notorious
and undisputed possession of the above
described real estate for more than ten
years last past; also claiming OF you
that the said Kelley, grantee in
the deed Of conveyance of the above
described real estate, dated June 30,
1872, from Thomas Cole and wife, which
is recorded in book SO page 447. in the
office OF the recorder Of said Marshall
County, Iowa. is the same person. who
under the name of John A. Kelley,
Joined with his wife. Almina G. Kelley
in the deed OF conveyance to George
shelter, of the said real estate, and that
the said deed from Thomas Cole and
wife to the said Kelley was not
delivered until after the said Thomas
Cole had properly plated the said
Coles subdivision above mentioned:
also claiming Of you that the certain
deed of conveyance recorded in book
242 page 10 in the Office of the recorder
of Marshall County, Iowa. executed by
James K p. Shelter. and wife, to Bessie
Weber. dated April 22d. 1908. was
executed with the intention of convey
ing the above described real estate; but
that the record shows that the words
.'of Coles subdivision" are omitted from
the said records and said plaintiff
claims that such an omission was q
mistake in the writing of the said deed
or was mistake on the part of the then
recorder in the copying of the said deed
into the records of the said recorders
office, and asks that the said record
and the said deed be reformed to ex-
press the true intentions of the parties
in the execution of the said deed; also
claiming of you that the said James h.
Z. Shelter and his wife are now dead
and that the above named defendants
constitute all the heirs of the said de-
ceased, James * +. Shelter: also ask
mig of you that the judgment of record
in the office of the clerk of the above
entitled court in favor of one c. c.
Cottle and the judgment of record in
the same Office in favor OF Nj. r. An
drews both against one E. j. Robb, be