Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-07-11
ORIGINAL NOTICE.

ORIGINAL NOTICE.
To Mary Van Allen executrix OF the
estate of John Van Allen deceased;
Mary Van Allen; D. e. Brush, some
times written Datus E. Brush and
Rose Brush, his wife; S. L. Brush
sometimes written Solomon l.. Brush
and Lane Brush, his wife; Ida A.
Hate and William Hate. her hus-
band: Eva Squires sometimes writ
ten Eva Squires and Carl Squires,
her husband; Richard Van Allen
and Van Allen, his wife;
Elizabeth Young and -- Young,
her husband. Grant Hanson and
Hanson, his wife: Cora Hazel
Van Allen minor sometimes written
Hazel Van Allen minor and George
~ Gordon. her guardian; Mary Van
Allen Crouch and --- Crouch, her
husband; Sadie Van Allen Smith
and Smith, her husband; J.
A. Stilwell and Mary F. Stilwell. his
wife; the unknown wives, husbands
and heirs. unknown creditors. un-
known minors, unknown insane per-
sons or otherwise incapacitated. I'M
known assignees. unknown trustees.
unknown successors, unknown ex-
ecutors and eXecutriXs, unknown ad~
illustrators and ADMINISTRATORS and
the unknown guardians Of each and
all OF the above named persons and
the Unknown Claimants of the east
fortytwo and one half &c 42k) feet
of lot four ca in block six Co in
Andrews addition to the original
town Of Marshall. Marshall county.
Iowa. and j. u. Gerard and Nora
Gerard, his wife.
You and each and all of you are
hereby notified. that on or before the
10th day of July. A. D., 1914. there will
be filed in the office Of the clerk of
the district court of the state of Iowa.
within and for the county of Mar
shall the petition Of Viola Erwin pray
ing that an accounting be had by the
court to determine what is due on
certain note given by v. A. Brundage
and Carrie D. Brundage, his wife, to
Roy p. Clark on Oct. II, 1900. for $1,000
due Oct. II, 1905, and drawing per
cent interest on which $1,000 has been
paid which said note was extended
On the 18th day OF January, 1910, for
one year and in consideration of such
for said year the rate of in
terest to be paid was increased from 6
per cent to s per cent and the fore
closure Of that certain mortgage given
by sid Brundage and wife to secure
The payment of said note on the fol-
lowing described real estate in Mar
shall county, Iowa. to-wit:
The east forty 1.-TWO and one-half
(e 42h) feet Of lot four ca in block
six 90 in Andrews addition to the
original town of Marshall, Marshall
Iowa, and which said mortgage
IS found recorded in the recorders Of
flee of Marshall county, Iowa. in Book
231 OF Mortgages at page 40 thereof
and that said real estate be ordered
sold In payment Of whateher be found
lue on said note and for an attorney
lee of sixty (s60) dollars and costs Of
this action. Said plaintiffs ownership
TO said note and mortgage was brought
about by an assignment Of said note
and mortgage given by said Brundages
TO said Clark by Clark assigning same
to Merritt Green by written instru-
ment found recorded in Book 230 at
page 615 thereof in said recorders Of
ice Of Marshall county, Iowa, and by
said Greene assigning same to Addie
ny q WTillcu sbStI uiICHl
found recorded in Book 23O at page 614
thereof Of said recorders office of said
Marshall county, Iowa, anG by said
Mason assigning same to j. O. Mono
hon by a written instrument found re-
corded in Book PAS at page 4SS thereof
of said recorders office of Marshall
county. Iowa, and by said Monohon
assigning same to PLAINTIFF by writ
ten instrument found recorded in
Book 24S at page 500 thereof Of said
recorders office of said Marshall coun-
ty, Iowa. Also asking that the
amount found due on said note be
decreed to be a first lien on said real
estate superior to any claims or rights
that any and all of tho defendants
and claimants known Or unknown
or described in said petition
have to said real estate by virtue Of
being a devisee, heir. wife, husband,
creditor trustee, assignee, successor,
executor, executrix. administrator, adj
guardian Of any Of the
named OF described In said
petition or of John Van Allen deceased,
Richard Van Allen and Elizabeth
Young deceased and that each and all
Of said defendants and claimants
known or unknown be forever barred
and estopped from claiming or assert
ing any interest in said real estate az
against the lien Of plaintiff by virtue
Of said above described mortgage and
that their equity Of redemption be
barred and foreclosed; that ]. A. Still
we'll who had title to said real estate
by deed found recorded in Book 2S7
Of deeds at page 591 thereof in said
recorders office Of said Marshall coun-
ty, Iowa, and ]. A. Stillwe:l who with
his wife Mary r. Stillwell parted with
his title to said John Van Allen de-
ceased by deed found recorded in book
24s of deeds at page 161 there of said
recorders office Of said Marshall coun-
ty, Iowa, were and are one and the
same person and that she have other
relief For same see petition.
Now unless you appear and make
defense thereto, at or before noon Of
the second day Of the next September
term of said court, to be begun and
held at Marshalltown, Iowa, on the TIN
day of September, A. D., 1914, your de-
fault will be entered and Judgment
and decree rendered thereon as prayed