Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-02-03

whealen. Geo. B. whealen. e. ].
Whealen, F. o. Whealen, Galen E.
Whealen, Byron r. Whealen. Marcus
Whealen, Walter E. Whealen, Frank
whealen. Lizzie ]. Whealen, Walter
whealen, Leona Whealen: all un-
known claimants of the real estate
hereinbefore described, or any part
thereof. claiming by. through or under
the persons heretofore named. or either
Of them, either as heir. beneficiary,
grantee. assignee, creditor. spouse. sur
viving spouse. or in any other capacity,
whether sane. insane or minors or
whether under any other disability, de-
PENDANTS.
To the above defendants, both those
named and those otherwise designat-
ed.
You. and each of you, are hereby
notified that there is now on file In
the office OF the clerk OF the district
court OF Iowa in and for Marshall
county. the petition of Joseph A. Latt-
ner, as plaintiff. claiming that he is
the owner in fee simple of the real
estate described in the caption of this
notice. and that he. by himself and
the persons under whom he claims.
has been in the actual. open, motor
| 1OuS, EXCLUSIVE, tplSh. SoIIN!i-
uous. peaceable and adverse possession
Of said real estate and every part
thereof. under color of title and claim
Of right viz: under deeds and con-
veyances from the actual owner and
occupants thereof and under claim OF
absolute ownership. paying all taxes
and assessments thereon. for more
than ten years last past. and that you.
and each OF you. both those named and
those otherwise designated, are for
ever barred and estopped from having.
claiming or asserting any interest in.
right to. or lien upon said premises or
any part thereof, adverse to said plain
tiff that whatever right title or in
terest you, or either of you. may have
had in and TO said premises Is now
vested In this plaintiff and each and
all Of you are now estopped from as
sorting otherwise: that whatever in
terest in or right to said premises you.
or either Of you, may seem to have APP
pears and arises only by reason OF
mistakes and omissions in deeds and
other instruments OF conveyance af-
fecting said premises. or portions
thereof. and by reason OF the failure
to properly record deeds duly execut-
ed and by reason OF the failure Of GER
tain grantors to execute proper deeds
upon the full payment Of the purchase
price and the surrender OF possession.
by reason OF the failure OF the rec
ords Of Marshall county, Iowa. to
properly set forth matters relating to
the sale OF portions of said premises
for taxes and the execution OF deeds
therefor and the failure OF such rec
ords to set forth certain matters in re-
gard to the distribution and partition
Of portions OF said real estate which
in times past belonged to estates Of
decedents. and claiming that the names
and places of residence and addresses
Of all unknown defendants and defend
ants designated in any manner than
by name. are unknown to plaintiff and
that he has sought diligently to learn
the same, but has been unable to do
so and that the address and place OF
residence OF the named defendants Is
unknown to plaintiff.
And you are further notified that the
relief demanded by plaintiff is that an
order and decree Of court be entered
forever quieting and confirming the
title to said real estate. and every part
thereof. in plaintiff. and forever estop-
ping and enjoining you, and each OF
and those OF you that are otherwise
designated. from having. claiming and
asserting any interest in or right to
said premises or any part thereof
adverse TO the title Of this plaintiff
and that it be further determined and
decreed by the court that this plain--
tiff. by himself and the persons under
whom he claims, has been in the ac-
tual, open, notorious. exclusive UNI
interrupted continuous. peaceable and
adverse possession Of said real estate
described IN the caption OF this notice
under color Of title and claim Of right:
viz: under deeds and conveyances from
actual owners and occupants Of said
real estate and every part thereof and
under claim Of absolute ownership for
more than ten years last past and for
such other and further relief as may be
equitable. but no personal Judgment
for any sum OF money or for costs IS
asked against any defendant.
For further PARTICULARS you are re.
ferred to the petition now on file.
Now. unless you appear and make
defense thereto at or before noon Of
the second day Of the next March
| term Of the district court Of Iowa In
! and for Marshall county, to be begun
and held at the courthouse In Mar
shalltown, Iowa, on the eighth day Of
/ March, 1915. your default will be en-S
tered and Judgment and decree rem.
dered thereon as prayed in said petit.
| ton.
Dated at Marshalltown. Iowa, this
26th day Of January. 1915.
JOSEPH A. LATTNER,
| Plaintiff.
BY g. A. NOTE. His Attorney,
The foregoing original notice. col-
lected from the averments Of the peti.
ton in said cause. is approved by me.
and the same Is ordered published once
each week for period Of four sue
cessive weeks In the Times Republican
q daily newspaper OF. general circula-
ton. published 1t Marshalltown. Mar
shall county. Iowa. the last OF which
publications shall not be later than
Feb. 76. 1915. ~ & - = ~ ~ .
Done IN chambers At Marshalltown
Iowa, this 2eth day OF January, 1915.
4 B. r. CUMMINGS,
4 Judge Of the seventeenth Judicial
! District Of Iowa.