Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-03-27

four, range seventeen, and lots dNn,
! two, three, four, five. six, sey
eight, nine and ten, sub division ST
the southeast quarter Of the south
! east quarter, and lots one, two. three,
four, five, six. seven, eight, nine and
ten. sub division southwest quarter
! Of the southeast quarter and lot six.
| sub division northeast quarter Of the
southeast quarter, and lot six sub
division northwest quarter Of the
southeast quarter all in section thir-
teen, township eighty-four. north
range eighteen. west fifth P. NJ Mar
/ shall county. Iowa, and to all OF the
! unknown claimants to said property
above named and to all persons hay-
+! ing or claiming an interest therein,
whether known or unknown, sane or
insane, or otherwise incapacitated.
and all unknown claimants of said
above described real estate, defend
ants.
To the above defendants. both those
| named and those otherwise desig-
mated:
You and each Of you, are hereby mo-
titled 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 B. F. Heifner. G. II.
Hetfner and Ethel Kruse as plaintiffs,
claiming that they are the owners in
fee simple Of the real estate described
in the caption of this notice. and that
they by themselves and the persons
under whom they claim have been In
the actual open, notorious, exclusive.
uninterrupted, continuous. peaceable
and adverse possession Of said real
estate and every part thereof, under
color Of title and claim Of right, viz:
Under deeds and conveyances from the
actual owners 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 forever barred and
estopped from having, claiming or as
sorting any interest in, right to. or lien
upon said premises or any part there
Of adverse to said plaintiffs, that
whatever right, title or interest you, or
either Of you, may have had in and
to said premises Is now vested in these
plaintiffs and each and all OF you are
now estopped from asserting other
wise; that whatever interest in or right
to said premises you. or either OF you.
may have appears and arises only by
reason OF mistakes and omissions In
deeds and other instruments Of con-
veyance affecting said premises. or
portions thereof, and by reason Of the
failure to properly record deeds duly
executed and by reason of the failure
OF certain grantors to execute proper
deeds upon the full payment OF the
purchase price and the surrender OF
possession, by reason of the failure OF
xl, of non
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
regard 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 de-
PENDANTS designated in any manner
than by name, are unknown to plaintiffs
and that they have sought diligently
to learn the same, but have been un-
able to do so, and that the address and
place of residence OF the named de-
PENDANTS are unknown to plaintiffs.
And you are further notified that the
relief demanded by plaintiffs is that
an order and decree of court be en-
tered forever quieting and confirming
the title of said real estate, and every
part thereof, in plaintiffs and forever
estopping and enjoining you, and each
of you, both those OF you that are
named. 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 deter
mined and decreed by the court that
the plaintiffs by themselves and the
been in the actual open. notorious, ex-s
elusive. uninterrupted. continuous.
peaceable and adverse possession Of
said real estate described In the CAP
ton hereof under color Of title and
claim Of right: viz: Under deeds and
conveyances from actual owners and
occupants of said real estate anu 50
part thereof and under claim Of ABB
solute 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 September
term of the district court Of Iowa IN:
| and for Marshall county. to De Us6un
and held at the court house In Mar
shalltown, Iowa.. on the 6th day of.
September. 1915. your default win be
entered and judgment and decree
rendered thereon AZ prayed in said pes
tition. s. I - {
Dated at Marshalltown, lows, this
9th day Of February. 1915.
b. F. HEFNER.
1 g. II. HElFNER.
ETHEL KRU9E.
'5sl s5as f;ai1st...1ssss..9
BY II. C. 1ioUNsBERRY.
Their Attorney.
The foregoing original notice. COLI
Iiected from the averments o. the petit
j tion in said case 10 approved by me,