Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-06-11
ORIGINAL NOTICE.

To Frank E. Shelter, Frederick W.
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 II book
3d. page AT, Of the deed records Of
the recorders Office of Marshall
County, Iowa, and conveying the be-
low described real estate. and to his
unknown heirs: and to all persons
wnomsoever and 10 ali 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 Ave $50, in town
ship No. eighty-four (s4) North, Range
No. eighteen (1s) west Of the 5th P. NJ.
OF Iowa, and also to c. G. Cottle and
NJ 3. Andrews, their unknown widows,
heirs, grantees, and assigns. whether
sane OF insane, minors or adults: You
and each Of you are hereby notified
that there is now on file In the office Of
the clerk Of the District Court of Iowa
In and Tor 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-
scrfbed real estate, as against you and
each OF you, and that he and his i'm
mediate grantors, under color OF title,
have been in open. adverse, notorious
and mdisputed 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 Sd.
1872, from Thomas Cole and wife, which
Is recorded In book SO page al, il 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, Alrnina c. 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 20 in the Office of the recorder
of Marshall County, Iowa, executed by
James Z. P. Shelter. and wife, 10 Bessie
Weber, dated April 22d, 1903. 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 a
mistake in the writing Of the sad deed
Or was a 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 K
P. Shelter and his wife are now dead
and that the above named defendants
constitute all the heirs of the said de-
ceased, James K. P. Shelter; also ask
mig Of you that the Judgment of record
In the ONCE OF the CLERK Oh the ABOVE
entitled court in favor OF one c. c
Cottle and the judgment of record IL
the SAME Office IL favor of NJ. F. An
drews both against one z. j. Robb. b
decreed not to be liens on the said rea
estate and that said judgments ar
Cancelled by the adjudication of bank
ruptcy and discharge az such bankrup
from the paying Of the said judgments
that due notices were given to the sai'
Judgment creditors Of such proceeding
and that e. J. Robb and Edgar JOSEPH
+ Robb are names representing the sam
person; and also asking Of you and al
. nf you that the title to the said prem
iues be qr1ieted in him as against yo'
or any one of you. No personal judg
ment is asked against any one of tn
above named defendants.
Now, unless you appear and make de
Tense thereto, at or before noon Of tn
second day Of the next September teri
OF the said co.rt, &c be begun and hei
ut Marshal1town, in the said Marsha
County, Iowa, on the It'll day Of Sep
TENDER A. D. 1914, your default will b
entered and judgment and decree wi
be rendered thereon as prayed for
the said petition.
Dated this Sd day Of June A. d. 1911
WILLIAM R. ELLIOTT,
Plaintiff.
BY J. NJ WHITAKER,
= His Attorney.
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