The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1914-11-19

the North Half IN. W of the North.
six (26), and the East Two-fifths (2-5)
of the Northeast Quarter IN. K. A)
of the Northwest Quarter IN. w. ~
of Section Twenty-six l26), all in
Township Seventy six t76), Range
Fifteen (15) 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 deYolution 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 neirs, as
signees, legatees, grantees, represen-
tatiyes, 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
lpremises situated in Mahaska Coun'
ty, Iowa, towit:
The West Half wv. " of the
Southeast Quarter Is. f. ~ aud the
Southeast Quarter Is. e. ~ of the
Southeast Quarter(S .E.A) Of Section
lTwentythree (23), and commencing
at the Southwest corner of Section
Twenty-four (24), thence North TWEEN.
lty-two(22) chains to Middle Creek,
thence Southeast with the right bank
of said Creek to the South line OF
said Section, thence West fourteen
(14) chains to place of beginning;
also the Northwest Quarter IN. w.
W of the Northwest Quarter IN. w.
W of Section Twenty-Five (25); also
the North Half IN. W of the North.
east Quarter IN. E. NJ Sec. Twenty
six (26), and the East Two-fifths (2-5)
Of the Northeast Quarter On. e. ~
Of the Northwest Quarter IN. w. hl
If Section Twenty-six (26), all in
Township Seventy six (76), Range
Fifteen (15) West of the Sta p. M.
i Was obtained under and by virtue
|, of a certain deed executed by George
flW. Crowder and Ann E. Crowder to
Thomas Batten on the 3rd day OF
! August, 1860, purporting to convey
to the said Thomas Batten the South
EAST Quarter Is e. NJ of the North
!, west Quarter IN. w. W of the North
west Quarter IN. w. "a OF Section
, TWENTY-FIVE (25), Township Seventy
six (76), Range Fifteen (l5), but thai
said defendants are barred and estop
lped 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. Criss, Belle McMul
!. len, Ann McMullen, Victoria Bodies
4 Margaret Martin, Mary Il. Nash ELL
, Andrews, Minnie Mckinney, Iowa Ma
teer, Effie Reynolds, Arthur A. Hanna
= Della Stringfellow, Herbert Hanna
. Omar f. Hanna, Rose Cowan, Ralpl
W. Stewart, James H. Stewart, Eta
SerVeson, Harry o. Stewart, ALDER
w. Stewart, Alfred w. Stewart Will
. lam F. Stewart, Mary Myers and Da
yid S. Stewart have an interest in al
! of said real estate, but denies thai
, any of the other defendants hereir
, have any claim or interest therein.
That the defendants, Burdick'Cor
bin Company, Oskaloosa Traction
. Light Company, Oskaloosa Manufac
. turing Company, J. r. McGregor, A
=. ] Augustine and Moore & Evans are
, judgment creditors of the Defen
: dant, Herbert Hanna, and have
+ no other interest in said property
. except as said judgments may bC
}, liens upon his interest in said prop
/, erty.
J, That the Plaintiff has made diligen
] residences of the unknown claimants
, but has been unable to do so.
1 Said petition prays for a partition
4 and sale of all OF the premises nereir
J. described and a division of the pro
4 ceeds made among the parties accord
ing to their respective shares anc
1 prays for general equitable relief, anC
: for costs, and that the title to sale
: 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
J judgment creditors be deducted from
, the shares of the parties owing toe
, 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
t Judgment and decree rendered there
/ on as prayed for In said petition.
BURRELL & DEWITT,
( Attorneys for Plaintiff.
l5w4