Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-07-03
ORIGINAL NOTICE.

estate OF John Van Allen deceased:
Mary Van Allen: D. e. Brush, some
times written Da,us Z. Brush, and
Rose Brush, his wife; S. L. Brush,
sometimes written as Solomon L.
Brush and Lane Brush. his wife; Ida
A. Hate and William Hate, her hus-
hand; Eva Squires, sometimes writ
ten Eva Squires, and Carl Squires,
her Husband: Richard Van Allen.
Van Allen, his wife; Eliza
beth Young and Young, her
husband; Grant Hanson and
Hanson. his wife: Cora Hazel
Hanson, his wife; Cora Hazel
Van Allen. minor, sometimes written
Hazel Van Allen, minor. and George
N. Gordon her guardian; Mary Van
husband; Sadie Van Allen Smith and
Smith, her husband; the j. A.
Stiiweii and Mary F. Stiiwell. his
wife, the unknown wives. husbands
and heirs, unknown creditors, I'M
known minors, unknown insane per-
sons or otherwise incapacited. I'M
known assignees, unknown trustees,
unknown successors. unknown exc
cutors and executrixs. unknown adj
ministrators and administrative and
the unknown guardians Of each and
all Of the above named persons and
the unknown claimants Of the east
forty-two and one-half (E421s) 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 are hereby notified, that on or
before the tenth 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
Marshall the petition Of J. S. Erwin.
asking that a certain contract made on
the 14th day Of June, 1913. on certain
terms and conditions by ]. O. Monohon
as agent for Mary Van Allen, execu-
trix Of the estate of John Van Allen
deceased in relation to the sale Of the
following described real estate in
Marshall county, Iowa, to-Wit:
The east forty-two and one-half
&c 421a) feet of lot four (4) in block
six (6) in Andrews addition to the
original town Of Marshall. Marshall
county, Iowa. be reformed so as to
show that he was acting for her as
executrix and not as an individual at
the time Of the execution of said con-
tract and asking that such contract
after being so reformed be enforced
against said Mary Van Allen execu-
trix, etc, and that Mary Van Allen exc
trix Of the estate Of John Van Allen be
obliged to carry out the terms of said
contract. Also asking that whatever
rights each, any or all Of you claim
to have in and to said real estate be
decreed to be subject to the rights that
plaintiff acquired under said contract
and that you and each Of you he for
ever barred and estopped from claim
ing any interest in said real
estate adverse to the rights OF
the plaintiff herein. Also claiming
that you and each Of you employed or
directed someone to employ j. o.
Monohon to sell your interest in the
above described real estate and that
said Monohon while so employed oy
you to sell said real estate for price
not less than 100000 so sold same TO
said ]. s. Erwin for s2500.00 and ask
ing that. you be required to carry OUT
said contract of sale so made by said
Monohon for you for on sad terms
and conditions and asking that what
ever rights, each. any or all OF you
claim to have in and to said real
estate he decreed to be subject to the
rights that Plaintiff acquired under
said sales and that you and each OF
YOU be barred and forever estoppeo
from claiming any interest IN salo
real estate adverse to the rights Oh
the plaintiff: that j. A. Stilwell VINO
acquired title to said real estate by
deeds at page sci thereof of the
records of the recorders office of Mar
shall county. Iowa. and J. A. StillWell
who with his wife Mary r. Stillwell
decided said real estate by and found
recorded in book 243 at page l6l OF
the records of the recorders office OF
Marshall county, Iowa, We're and are
one and the same person: that pam
tiff have judgment against >. y. Ger
rhra and Nora Gerard in the sum Oh
two hundred dollars $4,000 for rent due
nnder his lease with them; and also
asL,ne for other relief. For same see
petition.
Now unless you appear and make
defense thereto, at or before noon OF
+ba sacond Law of the next September
tern, or soid court, to be begun ana
held n, Msrshalltown. Iowa, on the
7th day of September A. D. 1914 your
defa,At will be entered and a judge
ment and decree rendered thereon as
prayed for In said petition.
Dated this Second day of July, A. d.
j. s. ERWIN.
Plaintiff.
BRADFORD & JOHNSON,
Attorneys.