Evening times-Republican., 1914-02-18
ORIGINAL NOTICE.


for Marshall county. March term
A. d. 1914.
Charles w. Walker, plaintiff. VS.
Conaway B. Rhodes and - Rhodes
his wife; c. B. Rhodes and Sarah
Rhodes, his wife; Samuel Shryock and
Rachel H. Shryock. his wife: NJ. G.
Finch and Finch, his wife; w
q. wier and Hannah Wier, his wife;
c. Seely and Jane Seely. his wife; Jo-
0eph B. Rose and - Rose, his wife:
J. NJ. Brown and Kitty s. Brown, his
wife; A. White & Bro: Alfred White
and Elizabeth White. his wife: l. N.
White and Emily White. his wife, and
all the known or unknown spousesi
creditors, heirs. devisees, persons
minors, insane persons or persons
otherwise inca pacitated, claiming title
by. thru or under said persons above
named, or either or any Of said per-
sons above named, and all persons in
terested or concerned In block nine (s)
in the original town OF Edenvilie
Marshall county. Iowa, and to all the
unknown claimants to said property
above named and to all persons having
or claiming an interest therein, wheth-
er known or unknown. sane or insane,
or otherwise incapacitated, and all un-
hnO"u SIdtutSlllS VI coia o1S'S
scribed real estate. Defenda nts.
To the above named defendants ana
unknown claimants:
You are hereby notified, that there
Is now filed in the office Of the clerk
of the district court Of the state OK
Iowa, within and Cor the county OF
Marshall, the petition OF Charles w.
Walker claiming that he Is the abso.
lutte and unqualified owner in fee
simple to and praying for the quietins
OF the title in him to the following
described real state situated In the
county Of Marshall and state of Iowa,
to-wit: AL Of block nine (O in the
original town Of Edenville, Marshall
county. Iowa.
That he derives title to said premises
thru various grantors, tracing back to
the government, all as set out in the
petition, and that any claim adverse Is
barred by the statute Of limitation.
Also claiming that Conaway B..
Rhodes grantee in the deed st book n
at page 4S6 thereof and c. B. Rhodes
recorded in book 81 at page 1o6 thereof
and that Conaway B. Rhodes grantee
In the mortgage recorded in book L at
page 1913 thereof and c. B. Rhodes who
released said mortgage on the record
in book L at page 1873 were and are one
and the same person and that said
mortgage has been fully released and
satisfied.
Also asking that It be decreed that
NJ G. Finch or any person claiming
by, thru or under him have no interest
in the real estate IN controversy and
that all rights acquired under and by
virtue Of the bond for deed made by
Samuel Shryock to NJ. G. Finch on
Feb. 10, 1870, and recorded on April
1e, 1870, in book S5 at page 5S7 has long
since expired, ceased to exist and
barred by the statute Of limitation.
Also asking that it be decreed by the
court that the defendants W. G. Wier
and c. Seely had utle to the Land in
controversy by reason Of warranty
deed from Samuel Shryock which said
deed was never recorded in Marshall
county, Iowa, and that whatever rights
said defendant W. @. Wier and G.
Seely their wives and any and all per-
sons claiming by. thru or under any OF
them was barred and foreclosed by the
foreclosure Of the mortgage recorded
in book AZ at page 36S thereof.
Also asking that 1t be decreed by
the court that the defendant Joseph B.
Rose who received title by sheriff S
deed found recorded in book II at page
100 made warranty deed and his wife
joined therein Of the east hah Of said
block nine (9) to J. NJ. Brown which
deed was never filed for record in Mar
shall county, Iowa: that it be decreed
by the court that the defendant Sam
ueI Shryock was a single man on
March 81, 1876, when he decided the
west half Of said block nine 90 to the
defendant ]. NJ. Brown.
Also asking that 1t be decreed by
the court that A. White & Bro, gran
tees In the deed from ]. NJ. Brown and
wife recorded in book 81 OF deeds at
page 5l8 thereof was a CO. partnership
composed Of Alfred White and I. n.
White and that the Alfred White and I.
n. White who signed deed as
grantors to W. c. Nirk in book 12s at
page 11s thereof, were all Of the CO.
partnership OF A. White & Bro, gran
tees as aforesaid and that they decided
all Of the interest Of said co-partner-
ship Of A. White & Bro. and A. White
& Bro. Alfred White and l. \. White
are one and the same persons
Also asking that it be decreed by the
court that plaintiff and mis- grantors
and their ancestor have been in open,
notorious, adverse. absolute, unqual
flied, uHbrOken and undisputed posses
sion Of ali Of said real estate described
in said petition under claim Of owner
ship and right and color Of title and
have paid taxes thereon and made i'm
provements thereon as owners for over
thirty years last past and that the
title Of the plaintiff to the said prop
erty be quieted, contented. and forever
set at rest, as against the CLANS Of
the known or unknown defendants or
either OF any Of them as set out or de-
scribed above.
Now, unless you appear and make
defense thereto, at or before noon Of
the second day Of the next March
term of said court, to be begun and
held al Marshautown, Iowa, on the 9Th
day of March A D. 1914 your default
will be entered and a judgment and
decree rendered thereon as prayed for
in said petition.
Dated this 4th day Of February. A.
D. 1914.
CHARLES W. WALKER,
Plaintiff.
BY BRADFORD & JOHNSON,
Attorneys.
ORIGINAL NOTICE.