Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-26
ORIGINAL NOTICE.


To Sarah A. Guthrie. Francis A. Lack
ey. James Clarence Baxter Lola
Florence Shilling. Thomas A. Paint
er. widower; L. J. Painter. single:
e J. Painter and Martha Painter. his
wife; Laura l.. Reece. and w. 8.
Reece, her husband, Lydia Easton
and G. II. Easton, her husband; w.
r. Painter. and Ella Painter. his
wife; Jesse Painter and kittie Paint
err his 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. X. Lackey
claiming OF you that Catherine b.
Painter died testate in Marshall Coun-
~. Iowa. seized In fee Of the follow
ing described real estate In Marshall
County. Iowa. to-wit:
Lot Four 60 In Shepard & Ban
bury's Sub division OF the North Hall
(NIa) of the Northeast Quarter (NEA)
of the Southeast Quarter (SEA) of
tho Northeast Quarter (NEA) in Sec
ton Thirty four (3D, Township
Eighty four (S4 North OF Range
Eighteen Qs) West of the 9Th p. M.
of Iowa.
That the plaintiff claims that ms
take was made In the description in the
deed made by you, said Thomas A.
Painter widower, l.. j. Painter. single.
e. j. Painter and Martha Painter. his
wife. Laura l.. Reece and w. S. Reece.
her husband. Lydia Easton and G RI.
Easton. her husband, w. r. Painter
and Ella Painter, his wife. Jesse
Painter and Kittie Painter, his wife.
and Anna l., Painter, single. when You
executed a deed to Catherine L. Paint
| er on the Bird day of February. 1912. in
this, that the description of said deed
should have read Lot 4 OF Shepard Il
| Banbury's Sub division of the NY Of
the NEA of the SEA of the NEA of
Section "a, Township 81 North of
Range IS West of the 5th p NJ. of
Iowa. instead of Lot of the W. of
the SEA of the NEA OF Section 81.
Township "a 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. Lackev In and
to said property: also claiming that
he is the owner of an undivided one
third (und. 81 in fee thereof and has
a qualified interest In another undivid-
ed one third (und. 13) of said real es-
tate as is shown by item three go OF
the will of said Catherine f. Painter:
that Sarah A. Guthrie has an undiviG-
ed one-third (und. l-3) Interest
and qualified interest in another un-
divided one-third (und. 13) there
Of and that Francis a. Lackey has
a qualified interest in the remaining
undivided one third (und 1-O In
terest in said property as provided for
in item 3 of the will Of said Catherine
Il. Painter; and asking the court to
confirm the shares of the parties to
said real estate as claimed by the
plaintiff and asking for a partition
thereof according to said right, Or if
the same cannot be equitably divided
or any part thereof, that such prem
ises or such part thereof as cannot be
enuitably divided be ordered sold and
the proceeds of such sale be divided
among the parties according 70 their
respective rights after the payment of
the costs, which includes an attorney s
fee
Also claiming that you. the defend
ants James Clarence Baxter and Lola
Florence Shilling. be barred and for
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 of the other
defendants.
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 AMI
held at Marshalltown, Iowa, on the 9Th
day of September, A d. 1915. your de-
fault will be entered and n Judgment
and decree rendered thereon as prayed
for in said petition.
Dated this 9Th day of August. "A. d.
1915.
w. K. LACkEY. Plaintiff
BRADFORD & JOHNSON,
Attorneys