The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1914-11-12

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the North Half IN. ~ of the North.
east Quarter IN. e. W of Sec. Twenty
six (26), and the East Two-fifths $3.50
OF the Northeast Quarter IN. K. ~
of the Northwest Quarter IN w. ~
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 hereinbefore 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
of Andrew Ruby, deceased, who died
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.
signees, 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 Nv. W of the
Southeast Quarter Is. e. "a aud the
Southeast Quarter Is. e. W of the
Southeast Quarters of Section
Twentythree (23), and commencing
at the Southwest corner of Section
Twenty-four GA, thence North TWEEN,
lty-two(22) chains to Middle Creek
tnence Southeast with the right bank
of said Creek to the South line oil
said Section, THENCE West fourteen
(l4) chains to place of beginning;
also the Northwest Quarter IN. w,
u of the Northwest Quarter IN. w
~ of Section Twenty-Five (25); also
the North Half IN. W of the North.
east Quarter IN e. A) Sec. Twenty,
six (26), and the East Two.fifths (2-5)
Of the Northeast Quarter IN. r. W
of the Northwest Quarter IN. w. W
Vt Section Twenty-six $3.50, all In
Township Seventy six (76), Range
Fifteen Q5) West of the 5ta p. NJ.
Was obtained under and by virtue
Of a certain deed executed by George
w. Crowder and Ann e. Crowder to
Thomas Batten on the Bird day OF
August, 1860, purporting to convey
to the said Thomas Batten the South
east Quarter Is. z. W Of the North,
west Quarter IN. w. W of the North
west Quarter IN. w. " of Section
Twenty-Five (25), Township Seventy
six (76), Range Fifteen (l5). but that
said defendants are barred and estop,
ped by their laches from claiming
any right or title in and to said prem,
ises.
That said petition claims that Aril
Ia Ruby, Andrew w! Ruby, Wesley s
Ruby, Augusta Ruby, William H. Ru
by, Charles A. Ruby, Cora NJ. Haun
Blanche Hush, Wayne Hush, Opal NJ
Hush, Frank. M. CTiss, Belle McMul
len, Ann McAIullen, Victoria Bolles
Margaret Martin, Mary E. Nash Ell;
Andrews, Minnie Mckinney, Iowa Ma
teer, Efie Reynolds, Arthur A. Hanna
Della Stringfellow, Herbert Hanna
Omar E. Hanna, Rose Cowan, Ralph
w. Stewart, James H. Stewart, Eta
Serveson, Harry o. Stewart, Albert
w. Stewart, Alfred w. Stewart, viii
lam F. Stewart, Mary Myers and Da,
Vid S. Stewart have an interest in all
of said real estate, but denies that
any of the other defendants herein
have any claim or interest therein.
That the defendants, Burdick+Co
bin Company, Oskaloosa Traction &
Light Company, Oskaloosa Manufac-
curing Company, ]. r. McGregor, A.
J Augustine and Moore G Evans are
Judgment creditors OF the Defen-
liant, Herbert Hanna, and have
40 other interest in said property,
except as said judgments may be
lens upon his interest in said prop
.erty. .#,ts~s .s... .t@ :>-,.
That the Plaintiff has made dlligent
search 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
described, and a division of the pro-
ceeds made among the parties accord
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
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
same and paid to the respective lien
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
lay of the December, 1914, Term of
This Court, which will commence on
the TIN day of December, 1914, de-
fault will be entered against you and
Judgment and decree rendered there
on as prayed for In said petition.
BURRELL & DEWITT,
Attorneys for Plaintiff.
l5W4