Evening times-Republican., 1914-02-19
ORIGINAL NOTICE.
In the district court Of Iowa.

quarter of the southeast quarter and
the north twelve acres Of the south
east quarter Of the southeast quarter
Of section thirty-four. all in township
eighty three north, range eighteen west
Of the 9Th p. NJ, Marshall county,
Iowa, whether sane, insane, minor or
under any disability; John A. Kelley,
Almina C. Kelley, ]. r Harnbeu, John
r. Hambel, Joseph Cooper, Wm. Mono
hon, William Monohon. Della L. B.
Conover, Annette Gookin Boardman,
the unknown wife Of B. NJ. Winter Oct.
q. 1877. S. G. Wildman, Sylvester G.
Wildman, the unknown wife OF Sylves-
ter g. Wildman Oct "a, 1878, Edward
Mason Kesteven, William II. Du Bois,
VIM. n. Du Bots, the unknown claim
ants Of said real estate by, thru or un-
der Henry E. J. Boardman or Marie
T. Boardman; the unknown claimants
of said real estate by. thru or under
any Of the defendants above named
either as grantee, assignee, beneficiary,
creditor, heir at law. sp ouse, surviving
spouse or In any other capacity:
whether sane, insane, minors or under
any disability. Defendants.
To the defendants above named or
otherwise designated:
You, ana eaCn OF you, are QetenS
notified that there is now fled in the
office Of the clerk Of the district court
Of Iowa, in and for Marshall county
the petition Of ]. P. Cooper. acting as
executor and on behalf Of the bene-
fciaries Of the estate Of ]. F NJ. Coop
er, deceased, as plaintiff. claiming that
at the time Of his death the said j.
f. NJ. Cooper was the absolute owner
~ ar n n a
northwest quarter and the northwest
quarter Of the southwest quarter OF
section thirty-fve and rhe northeast
quarter Of the southeast quarter and
the north twelve acres of the southeast
quarter Of the southeast quarter OF
section thirty-four, all in township
eighty three north, range eighteen west
Of the 9TH P. NJ, Marshall county,
Iowa, and claiming that he acquired
title thereto by purchase and by him
self and his grantors the said ]. F. NJ.
Cooper was in the actual, open. notori-
Gus continuous, peaceabl-a, exclusive,
uninterrupted and adverse possession
of said real estate and every part and
parcel thereof. under deeds and con-
yeyanees from the persons IN posses
sion and the actual owners thereof and
under claim Of absolute ownership,
paying ali taxes, rates and assessments
thereon, for more than thirty years
prior to his death in 1911 and that
since said time this plaintiff. on behalf
of such estate, has been in such pos
session.
Also claiming that you, and each
Of you, and all persons claiming by.
thru or under you, or either OF you. are
forever barred and estopped from hav-
ing, claiming or asserting any interest
In, claim to or lien upon said premises
adverse to the estate Of said J. F. NJ.
Cooper.
And plaintiff alleges in his said Pc
titfon and asks TO have determined by
the court, as follows:
That John A. Kelley and Alnina G.
Kelley. his wife, for . valuable con-
siderauon fully paid TO them released
all claim to any portion Of the above
described real estate acquired by virtue
Of the tax decree to John A Kelley
entered on or about the 23o day OF
April, 1853, and both John a. Kelley
and Almina C. Kelley by their failure
to make any claim to said premises
and their acquiescence IN the posses
sion and ownership Of said j. F. NJ.
Cooper are forever barred and estopped
from claiming or asserting ary !nteres:
in said premises adverse to the estate
of said j. F. NJ. Cooper, ana all persons
claiming under them, or either Of them,
are likewise barred
That Henry E ]. Boardnan for a
valuable consideration to him paid.
parted with his entire interest in and
to the real estate herein before de-
scribed and said interest was acquired
for or
than twenty years the said Henry E. j..
Board1nan 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 was
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. Roardman died, a resident Of Mar
shall county. Iowa more than ten
years ago leaving Marie L. Boardman
as his widow and leaving as his only
heirs Della L. 3. Conover and Annette
Gookin Boardman and said widow and
heirs, as well as all persons claiming
under them or the said Henry z. j.
Boardnan, are likewise barred and
estopped from asserting OF claiming
any interest in said real estate ad-
verse TO the estate Of J. +. NJ. Cooper.
That John r Hambel was the same
person as J. r. Fanlbel and that W. D.
Hambel was duly authorized by said
John R. Hambel to convey the in
terest Of the said John p. Hambel in a
portion of the real estate above de-
scribed to Henry E. j. Boardrnan under
date Of Aug. %, 1868, 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 9Th P. NJ
Marshall county, Iowa, does not con-
tain full forty acres and the west half
thereof Is but sixty-fve rods north and
south and thirty-n nine rods east and
west and Joseph Cooper oy the convey
anee of Oct 13, 1855, of the north
fifty rods of said west haif 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 divested him
self of all interest In said west half OF
the northeast quarter Of the southeast
auarter of said section.
the mort oivan hy