Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-02-26
ORIGINAL NOTICE.
IN the district court Of Iowa. in and
a Tor Marshall county. March term 1914


Tor Marshall county. March term 1914.
J. p. Cooper, az executor OF the es-
tate Of ]. F. NJ. Cooper. deceased. and
on behalf Of the beneficiaries Of said
decendent, plaintiff, vs.. the unknown
claimants of the west half Of the
northwest quarter and the northwest
quarter Of the southwest quarter Of
section thirty-five and the northeast
quarter Of the southeast quarter and
tho north twelve acres Of the south
east quarter Of the southeast quarter
Of section thirty four all in township
eighty three north range eighteen west
OF the 5th p. NJ Marshall county,
Iowa, whether sane, insane, minor or
under any disability; John A. Ksiay,
Almina C. Kelley. J. r. Hamben, John
r. Hamhel Joseph Cooper. VIM. Mono-
hon, William Nfonohon, Della L. B.
Conover. Annette Gookin Boardman,
the unknown wife Of B. NJ. Winter Oct.
81, lS77. 8. @. Wildman, Sylvester G..
Wildman the unknown wife Of Sylves-
ter g. Wildman Oct. -. 1873, Edward
Mason Kesteven. William II. Du Bots.
VIM. II. Du Bots, the unknown claim
ants Of said real estate by, thru or un-
der Henry E. ]. Boardman or Marie
T. Boardman: the unknown claimants
of said real estate by, thru or under
any Of the defendants above named
either as grantee, assignee, beneficiary.
creditor. heir at law. spouse, surviving
spouse or in any other capacity;
whether sane, insane, minors or under
any disability. Defendants.
To the defendants above named or
otherwise designated:
You, and each Of you, are hereby
hot fo .o6 In th q
office Of the clerk Of the district court
of Iowa, in and for Marshall county,
the petition Of ]. p. Cooper, acting as
executor and on behalf Of the bene-
ficiaries Of the estate Of J. F. NJ. Coop
err, deceased as plaintiff. claiming that
at the time Of his death the said J..
F. NJ. Cooper was the absolute owner
In fee simple Of the west half Of the
northwest quarter and the northwest
quarter Of the southwest quarter OF
section thirty-five and the northeast
quarter Of the southeast quarter and
the north twelve acres Of the southeast
quarter Of the southeast quarter OF
section thirty-four, all in township
eighty three north, range eighteen west
Of the 5th p. NJ, Marshall county,
Iowa. and claiming that he acquired
title thereto by purchase and by HIM
self and his 4rantors the said ]. F. M.
Cooper was In the actual, open. notori-
ous continuous. peaceable. exclusive.
uninterrupted and adverse possession
of said real estate and every part and
parcel thereof. under deeds and con-
veyances from the persons In posses
sion and the actual owners thereof and
under claim of absolute ownership
paying all taxes, rates and assessments
thereon, for more than thirty years
prior to his death in 1911 and that
since said time this plaintiff. on behalf
of such estate. has been in such pos
session.
Also claiming that you, and each
OF YOU, and all persons claiming by.
thru or under you, or either Of you. are
forever barred and estopped from hav-
ing, claiming or asserting any interest
in, claim to or lien upon said premises
adverse to the estate Of said ]. F. NJ.
Cooper.
And plaintiff alleges in his said Pc
tition and asks to have determined by
the court. as follows:
That John A. Kelley and Almina c..
Kelley, his wife, for valuable con-
sideration fully paid to them released
all claim to any portion Of the above
described real estate acquired by virtue
Of the tax decree to John A. Kelley
entered on or about the 236 day OF
April 1858. and both John A. Kelley
and Almina c. Kelley by their failure
to make any claim to said premises
and their acquiescence in the posses
sion and ownership of said ]. F. NJ.
Cooper are forever barred and estopped
from claiming or asserting airy interest
in said premises adverse to the estate
of said ]. F. NJ. Cooper, and all persons
claiming under them. or either Of them.
are likewise barred.
That Henry E. j. Boardman for
valuable consideration to him paid.
parted with his entire interest In and
to the real estate heretnbefore de-
scribed and said interest was acquired
by said j. F. NJ. Cooper; that for more
than twenty years the said Henry E. ].
Boardman was fully aware that said
J. F. NJ. Cooper was claiming to be
the absolute owner Of all Of said real
estate and acQuiesced in such claim
and made no claim thereto and was
fully barred from setting up any claim
to said real estate adverse to the estate
of ]. F. NJ. Cooper: that said Henry E.
]. Boardman died, q resident Of Mar
shall county, Iowa more than ten
years ago leaving Marie T. Boardman
a. his widow and leaving as htas only
heirs Della L. B. Conover and Annette
Gookin Boardman and said widow and
heirs, as well as all persons claiming
under them or the said Henry e. J.
Boardman, are likewise barred and
estopped from asserting or claiming
any interest In said. real estate adj
verse to the estate of ]. F.. NJ. Cooper.
That John r. HaIpbel was the same
person az J. r. Hambel and that w. D.
Hambel was duly authorized by said
John r. Hambel to convey the In
terest Of the said John r. Hambel in a
portion Of the real estate above de-
scribed to Henry E. J. Boardman under
date Of Aug. 20. 1863. and at said date
said John R Hambel was a single man.
That by reason Of mistakes in the
survey and setting Of the corner marks
thereof the northeast quarter Of the
southeast quarter OF section thirty
four. township eighty-three north,
range eighteen west of the 9Th p. NJ.
Marshall county. Iowa, does not con-
tain full forty acres and the west half
thereof 10 but sixty-flve rods north and
south and thirty-nine rods east ana
west and Joseph Cooper by the convey
ance Of oct. 13, 1855, Of the north
fifty rods OF said west half Of said