Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-19
ORIGINAL NOTICE.

ORIGINAL NOTICE.
TO Sarah A, Guthrie. Francis A. Lack
ey, James Clarence Baxter Lola
Florence Shilling. Thomas A. Paint
er, widower; L. ]. Painter, single;
e. J. Painter and Martha Painter, his
wife; Laura L. Reeee, and w. ).
Reece, her husband, Lydia Easton
and G. II, Easton, her husband; w.
r. Painter, and Ella Painter, his
wife; Jesse Painter and kitte Paint
er. hts wife, and Anna L. Painter.
single
You Are Hereby Notified, That there
is now 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 w. K. Lachey
claiming Of you that Catherine L,
Painter died testate in Marshall Coun-
ty, Iowa, seized in fee Of the follow
ing described real estate in Marshall
County, Iowa to-wit:
Lot Four "a in Shepard & Ban
burv's Sub division of the North Half
(Nis) of the Northeast Quarter (NEA)
of the Southeast Quarter (SEA) OF
the Northeast Quarter (NEA) in Sec
ton Thirty-four $50, Township
Eghty-four [S4) North Of Range
Eighteen QS) West of the 9TH P. NJ.
of Iowa.
That the plaintiff claims that mis-
take was made in the description IN the
deed made by YOU, said Thomas y.
Painter widower, L. ]. Painter, single.
L. J. Painter and Martha Painter. MS
wife Laura L. Reece and W. 5. Reece,
her husband Lydia Easton and q n
Easton her husband. w. R. Painter
and Ella Painter, his wife, Jesse
Painter and Kittie Painter, his wife.
and Anna L. Painter, single, when 33u
executed a deed TO Catherine E. Paint
er on the Bird day OF February, 1872. il"
this. that the description of said decd
should have read Lot Of Shepard Il
Banburys Sub division of the Ne of
the NEA of the SEA OF the NE4 Of
Section SO, Township 81 North Of
Range Is West of the 5th P. NJ. OF
Iowa, instead of Lot of the NJ. Of
the sEA of the NEA of Section a.
Township 81 North of Range Is West
of the 9Th P NJ and ask that the deed
be reformed so as to read as described
first above and asking that You be
barred and forever estopped from
claiming or asserting any interest in
said property adverse to the title of the
plaintiff and the defendants, Sarah A.
GUTHRIE and Francis A. LackeT in and
.o/said property; also claiming thac
Ne is the owner of an undivided one
= third (und l-3p in fee thereof and has
a qualified interest IN another undivi6-
ed one-third (und. l-3) Of said real es-
tate as is shown by item three f3) of
the Will of said Catherine E. Painter;
that Sarah A. Guthrie has an uadivic-
ed one-t third (und. 1-3) interest
and a qualified interest in another uD-
divided one-third (und. 1-3) there
of and that Francis A Lackey has
a qualified interest in the remaining
undivided one-third (und. 15) in
terest in said property as provided for
in item of the will of said Catherine
E Painter; and asking the court 10
confirm the shares of the parties TO
said real estate as claimed by he
plaintiff and asking for partition
thereof according to said right. or if
the same cannot be equitably divided
or any part thereof. that such prem
tses or such part thereof as cannot pe
equitably divided be ordered sold and
the proceeds of such sale be divided
among the parties according 10 their
respective rights after the payment Of
the costs, which includes an attorneys
fee.
Also claiming that YOU. the defend
ants James Clarence Baxter and Lola
Florence Shilling, be barred and fo--
ever estopped from claiming any in
terest in said real estate adverse to the
interest of the other parties and for
other relief see the petition now filed
No personal judgment Is asked
against James Clarence Baxter or Lola
Florence Shilling or any or the ottihlszz
defendants.
Now, unless you appear and make
defense thereto at or before noon of
tire second day of the next Septem Der
term of said court. TO be begun and
held at Marshalltown, Iowa, on ,he eth
day of September. a D. 1915, your de-
fault will be entered and a judgment
and decree rendered thereon as prayed
for in said petition.
Dated this 5th day OF August A D.
1915.
W. K. LACKEY, Plaintiff.
BRADFORD & JOHNSON,
ATTORNEYS