Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-05
ORIGINAL NOTICE.

To Sarah A, Guthrie, Francis A. Lack
ey James Clarence Baxter, Lola
Florence Shilling, Thomas \. Paint
er, w!dower; L J. Painter single;
g. j. Painter and Martha Painter, his
wife: Laura L. Reece, and ". ,.
Reece, her husband Lydia Easton
and G. II, Eastnr, her husband; W.
r Painter, and Ella Painter, MS
wife: Jesse Painter and hittte Paint
er. his wife, and Anna l.. Painter
single.
You Are Hereby Notified. That there
Is now fled in the Office OF the clerk
of the District Court OF the State OF
Iowa, within and for the County OF
Marshafl, the petition OF W. K. LackeF
claiming of you that Catherine /.
Painter died testate in Marshall Coun-
". Iowa. seized in fee OF the follow
ing described real estate in Marshall
County. Iowa, towit:
Lot Four (4) IN Shepard & Ban
bury's Sub division Of the North Half
6N1s) OF the Northeast Quarter (SE3+(
OF the Southeast quarter tsEA) OF
the Northeast Quarter (NEl4) in Sec
ton Thrty-four (34), Township
Eighry-four (S4) North OF Range
Eighteen (1s) West OF the 9Th P. II.
of Iowa.
That the plaintiff claims that mis-
take was made in the description IN the
deed made by YOU, said Thomas A.
Painter, widower, I. J. Painter single.
E. j. Painter and Martha Painter, his
wife, Laura L Reece and ". s. Reece,
her husband, Lydia Easton and 9 H
E-aston. her husband, ". r. Painter
and Ella Painter, his wife. Jesse
Painter and kiptie Painter, his wife,
and Anna L. Painter, single, when You
executed a deed to Catherine e. Paint
er on the 3rd day Of February, 1912, II
this, that the description OF said decd
should have read Lot OF Shepard x
Banburys SUB division of the M Of
the NEA Of the SEA OF the NE4 OF
Section 81. Township 81 North OF
Range Is West of the 9Th P. NJ. OF
Iowa, instead of Lot i OF the M. OF
Township 81 North OF Range IS West
OF the 9Th P. N. and ask that the deed
be reformed so as 10 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 =.
Guthrie and Francis A. LackeT in and
to said property; also claiming that
he IS the owner Of an undivided one
third (tnd. 1-3) in fee thereof and has
a qualified interest III another undivid-
ed one-third (und. 1-3) OF said real es-
tate as is shown by item three 80 Of
the will of said Catherine Z. Painter;
that Sarah A. Guthrie has an uadiylc-
ed one third (und. 1-3) interest
and qualified interest il another uE-
divided one-third tund. 1-3l there
Of and that Francis y. La1key has
Q qualified interest in the remaining
undivided one-lhird tu7ld. 1-3) In
terest in said property as provided for
in item 8 OF the viii of said Catherine
T.. Painter and asking the court 10
confirm the shares OF the parties TO
said real estate as claimed by the
plaintiff and asking for a partition
thereof according 10 said right, or #
the same cannot be equitably divided
or any part thereof, that such prom
iSas or such part thereof as cannot De
equitab!y divided be ordered sold md
the proceeds Of such sale be divided
among the parties a.cccrdinS - their
respective rights after the payment Of
the costs, which includes an attorney
fee.
Also claiming that you, the defend
ants James Clarence Baxter and Lola
Florence Shilling, De 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 hlet.
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 and
held at MarshalltoyYn, Iowa, on the eth
day Of September. a D. 1915, your de-
fault viii be entered and 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