Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-02-05

under claim OF absolute ownership
paying AL taxes, rates and asssssmsata
thereon, Tor more than thirty yeafa
prior to his death in 1911 ana thai
since said time this plaintiff. on bshaii
OF such estate. has been In such pos-
session.
Also claiming that you. and sesh
Of you, and all persons claiming ~
thru or under you, or either OF you. arr
forever barred and estopped from nav
ing, claiming or asserting any Interest,"
In, claim to or lien upon said premises
adverse to the estate Of said ]. =. -
Cooper.
And plaintiff alleges In his said Pc
tition and asks to have determined ov
the court, az follows:
That John A. Kelley ana Amina G.
Kelley, his wife, for . valuable con-
siderauon fully paid to them released
all claim to any portion OF the apove
described real estate acquired by virtue
Of the tax decree to John A. Kelley
entered on or about the Esd day OF
April, 1858, and both John A. Kelley
and Almina c. Kelley by their failure
to make any claim to said premises
and their acquiescence In the possess
sion and ownership Of said J. +. NJ:
Cooper are forever barred and estopped
from claiming or asserting any Interest
in said premises adverse to the estate
of said ]. F. M. Cooper. and all persons
claiming under them, or eithar OF them.
are likewise barred.
That Henry e. J. Boardman Tor
valuable consideration to him paid.
parted with his entire interest In and
to the real estate heretnbefore de-
scribed and said interest was acquired
by said J. F. NJ. Cooper; that for more
than twenty years the said Henry =. J.
Boardman was fully aware that said
J. F. NJ. Cooper was claiming to be
the absolute owner Of all Of said real
estate and acquiesced in such claim
and made no claim thereto and wa
fully barred from setting up any claim
to said real estate adverse to the estate
of j. F. NJ. Cooper; that said Henry e.
J. Boardman died, a resident OF Mar
shall county, Iowa more than ten
years ago leaving Marie T. Boardman
as his widow and leaving as his only
heirs Della L. B. Conover and Annette
Gookin Boardman and said widow and
heirs, as well as all persons claiming
under them or the said Henry e. j.
Boardman, are likewise barred and
estopped from asserting or claiming
any interest in said real estate adj
verse to the estate Of j. f. NJ. Cooper.
That John R. Hambel was the same
person as ]. r. Hambel and that w. d.
Hambel was duly authorized by said
John R. Hambel to convey the In
terest of the said John r. Hambel in a
portion of the real estate above de-
scribed to Henry E. ]. Boardman under
date of Aug. 20. 1863, and at said date
said John r. Hambel was a single man.
That by reason OF mistakes In the
survey and setting of the corner marks
thereof the northeast quarter Of the
southeast quarter Of section thirty
four. township eighty-three north,
range eighteen west Of the 5th p. NJ.
Marshall county. Iowa. does not con-
tain full forty acres and the west half
thereof Is but sixty-five rods north and
south and thirty mine rods east and
west and Joseph Cooper by the convey
ance of Oct. 13. 1856, Of the north
fifty rods of said west half of said
northeast quarter Of the southeast
quarter of said section to James NJ.
Cooper and the subsequent conveyance
to Joseph Newton Cooper Of the south
fifteen rods OF the west thirty-nine
rods Of said northeast quarter Of the
southeast quarter. fully Invested him.
self Of all interest in said west half of
the northeast quarter Of me southeast
quarter Of said section.
That the mortgage given by Tempas
l.. Myers to William Monohon covering
a portion Of the real estate last above
described and bearing date June "a,
1867. and recorded in book 10 on page
TAG Of the records Of the recorders Of
flee Of Marshall county, Iowa, was
given to secure three notes, that the
first of said notes was retained by said
Monohon. the second was assigned to
Wilfred w. Owens and rhe third was
assigned to T. Brown and all three of
said notes were fully paid and sur
rendered and the mortgage surrendered
and the said William Monohon and all
persons claiming under him are fully
barred from setting up any interest In
said mortgaged premises by virtue of
said mortgage.
That the spouse. or surviving spouse