Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-07-13
ORIGINAL NOTICE.

OF the north east quarter ana tho
south west quarter Of the north east
quarter of section six co. In town. 4
ship eighty-two (s2) north: range
twenty (20) west of the 5th p. NJ,
containing 128.01 acres to any part
thereof, Defendants.
To each and all the above named dee
PENDANTS. unknown heirs and un-
known claimants:
You and each of you ere hereby
notified that there IL now on file in
the office Of the clerk Of the district
court Of the state Of Iowa in and for
Marshall county, the petition OF the
plaintiff, Charles A. Setter, claiming
that he 10 the absolute owner In fee
simple Of all that certain tracts %
real estate situated in said county and
described as follows, to-wit: The north
fractional half Of the north east quar-
ter and the south west quarter OF the
north east quarter of section six (6) in
township eighty-two (s2) rorth, range
twenty (20) west of the 9Th containing
12801 acres according to the govern
Kent survey and that he owns the
same by an unbroken chain of convey
ances from the government down to
him and his title would be perfect of
errors and t,unders in drafting. re-
ccrding or failing to record several In
struments Of conveyances and laches
and negligence on the part Of some Of
the former owners In preserving their
evidence Of title affecting the clear
ness Of title to some parts OF said land
and among the principal defects and
errors are the following, viz:
James Mendenhall. the original own
er Of the north east quarter Of tho
north east quarter Of said section con.
tanning 1910 acres in conveying the
north fractional half thereof to Cyrus |
B. Mendenhau described It obscurely
as the undivided" north half thereof
containing $50 acres and incony eying
to Wesley F. Smell the remaining 20
acres OF said tract describing 1t as
part south half Of said original trace.
intending by the two Instruments to .
convey the whole thereof, said instru-
ments being executed in the years 1855
and 1858 respectively: In the year 1863
said Smell conveyed the cast 10 acres Of
the tract so purchased and owned by
him to Jacob Berry who IN turn sold
and conveyed the same to B. N. Berry
who suffered the Same tn be- sold for
taxes in 1869 to Delos Arnold. which
ripened into a tax deed and was recon
veyed by said Arnold to said Berry
who neglected to make the same OF
record and who afterwards conveyed
the same to Seth Newton who like
wise failed to record the instrument
and neither Of said conveyances can
now be found; that John Shryock APP
peared to own the south One-half OF
the north one-talf Of the north east
quarter Of the north east quarter Of
said section and lost the same on tax
sale and treasurers deed for taxes to
c. e. Boardman. July 20, 1888, under,
which plaintiff acquired titleI thGt
Mary Jane Farris owned the north
one-half OF north one-half OF
north east quarter Of north east
quarter Of said section and tho
title thereto passed to C. E Boardman
on commissioners deed oa strict fore
closure Of a mortgage, Sept. 8. 1863;
that John c. Ewing Is tina ssme person
as John c. Fury" who conveyed to
Thomas Huges the south west quarter
Of the north east quarter of the north
east quarter of said section and
Thomas Huges is the same person as
Thomas ]. Hughes who afrerward con-
veyed the same: that Jane A. Barnes is
the widow and Claud or Claude Barnes
and Amelia Barnes are the only heirs
Of James r. Barnes. patentee Of north
west quarter Of north east quarter Of
said section; who died intestate about
the year 1865; that George A. Whitaker
who at ono time owned the north one>
half Of the north east quarter Of the
north east quarter Of said section for>
feited the same in the year 1859 OIL
foreclosure Of mortgage; that B. w
2icheson failed to cancel a mortgase
on said land held by him, and due and
paid in the year 1887; that Martha III.
Ford and George Ford in conveying q
part Of said land omitted to insert the
range and there are ohio. errors and
discrepancies in some other recorded
instruments affecting the land, but
whatever errors. defects and discrep-
ancies there may be, have been cured
by lapse Of time. adverse possession
and statutory prescription; that the
plaintiff and his grantors have been in
the sole notorious occupancy and pos
session Of all Of said land under color
OF title and claim OF absolute owner
ship continuously for more than TWEEN
ty years hostile to the claims OF all
other persons whomsoever; that be-
cause Of the defects before pointed out,
plaintiff is Informed and believes that
some persons to him unknown make
claims to said land or some part there.
Of by some right adverse to the estate
Of the plaintiff therein. the names and
residences Of said persons being un-
known to plaintiff and he has SOUGHT
diligently to learn the same and de.
manding that PLAINTIFFS title be estab.
lished and quieted in him as against
each and all Of the defendants ard al
other persons known and unknown and
for such other relief a. may be deemed
Just and equitable. For further par.
ticulars you are referred to the peti.
ton on file.
| Now unless you appear thereto ana
defend on or before noon Of the second
day OF the regular September 1914 term
Of said court to be held at the court
house in Marshalltown., Iowa, Begin
ming on the 7th day Of September; A.
D. 1914, your default will be entered
and decree rendered as prayed for.
]. A. FITCHPATRICK
Attorney for PlaintifIS,