Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-12-02
ORIGINAL NOTICE.

w tScs
In the district court of the state of
uary term. 1916.
Got;leb Schmelz and Ursula Schmelz,
his wife. plaintiffs. VS.. Wells S. Rice
ard Mrs. Wells S. Rice, his wife,
Pitts Fl. Hopkins, de Witt c. At
water, George Atwater. Thomas B.
Abel and Mrs. Thomas 3. Abel, his
wife. lie Roy Spencer, Alexander F..
Ewing. A. +. Ewing. Temperance
Ewing, F. Rewey. Fayette Rewey.
q Greenleaf NJ. Woodbury.. G. NJ. Wood
bury, Mary Cook, Mary Cooke. and &c
all the unknown claimants, unknown
creditors, unknown defendants to
said property hereinafter described
and TO all persons having or claim
ing an interest therein, whether
known or unknown. sane or insane.
or otherwise incapacitated. and all
unknown claimants. OF said herein
after described real estate. defend
ants.
To Wells S. Rice, and Mrs. Wells 5.
Rice, his wife. Pitts H. Hopkins. De
Witt c. Atwater. George Atwater,
Thomas B. Abel and Mrs. Thomas
b. Abel. his wife. Leroy Spencer.
Alexander F. Ewing. \. F.. Ewing.
Temperance Ewing, F. Rewey, Fay
cite Rewey, Greenleaf ". Woodbury.,
p. G. NJ Woodbury., Mary Cook, Mary
Cooke, and to all the unknown claim
ants, unknown creditors, unknown
defendants to said property herein
after described. and TO all persons
having or claiming an interest there
in. whether known or unknown, sane
or insane, or otherwise incapa citated.
and all unknown claimants. of said
hereinafter described real estate,
You and each OF you are hereby no.
titled that there is now on file in the
office of the clerk OF the district court
in and for Marshall county, state of
Iowa, the petition of the above named
plaintiffs claiming and asking against
each of you the above named defend
ants. and the unknown claimants, un-
known defendants. unknown creditors,
and unknown heirs of the above named
defendants for decree of court quiet
ing title III said plaintiffs, Gottlieb
Schmelz and Ursula Schmelz to the
east forty (4o) feet of lot No. nine go.
in block No fourteen U4) in Mar
shall, Marshall county, Iowa. f.
Also claiming that Wells s. Rice and
wife who on the 18th day of March,
H. Hopkins OF the. above described
property, which deed is recorded in
book (. page 40. In the office of the
recorder of Marshall county Iowa,
never held any title to the above de-
scribed property. and said conveyance
was an irregular conveyance.
II, 1855, executed a warranty deed to
Leroy Spencer for the undivided one
half of the above described property,
which deed was filed on July 90. 1855,
and recorded in book D. page 43, In the
office of the recorder of Marshall coun-
~. Iowa. and Pitts H. Hopkins, who
conveyed the undivided one-half of the
property above described on Sept IS,
1888, which deed was filed on Sept. II.
1855, and recorded in book D, page 81,
was at the date of each OF said con-
veyances an unmarried man.
That Dewitt C. Atwater, who on
Oct. %, 1854. executed q quit claim
deed to the above described property to
W. S. Rice which deed was filed May
10, 1855, and recorded in book D. page
224. in the office Of the recorder OF
Marshall county, Iowa, was in fact on
said date an unmarried person, and in
tacs had no interest of any name. ma
ture, or kind in said property on the
date of said conveyance.
That at the time George Atwater
conveyed by quit claim deed to Thomas
B. Abel the above described property
on June IL, 1856. which deed was filed
on July 2. 1856. and recorded in book
D. page 1872. in the office of the re-
corder of Marshall county, Iowa, was
in fact at the date of said conveyance
an unmarried man, and the said George
Atwater had no interest of any name,
nature. or kind in said premises on the
date OF said conveyance. and said con-
veyance was an irregular conveyance
That Thomas 3. Abel, grantee oil
George Atwater as above set forth
never received any title to the premises
above described as said conveyance
being a quit claim deed and executed
June IL, 1855. filed July 2, 1856. and re-
corded in book D, page 1872. in the of.
fee of the recorder of Marshall county
| Iowa, was an irregular conveyance, and
there was no dover interest to vest in
Mrs. Thomas B. Abel.
That Leroy Spencer, who executed
a warranty deed for the premises above
described on April 20, 1856, was at ths
time OF said conveyance an unmarried
| person, and Alexander T. Ewing
grantee last above named, aid A. 3
| Ewing, who on the 26th day OF Feb:
! ruary. 1855. conveyed the above de.
scribed premises to Temperance Ewing
which deed was filed on March 10. 1864
and recorded in book 8. page 821 in tn,
! Office Of the recorder Of Marshall coun
ity, Iowa, were in fac: one and the gam.
That Temperance Ewing, who col,
tyeyed the above described premises i,
DeIos Arnold on May s, 1859, whicl
deed was fled May 3, 1854. and Re
corded in book 81, page S., in the .ofYic,