Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-12
ORIGINAL NOTICE.

ORIGINAL NOTICE.
To Sarah A. Guthrie, Francis A. Lack
ey, James Clarence Baxter. Lola
Florence Shilling, Thomas A. Paint
or, wtdower; L. ]. Painter, single;
Ell. Painter and Martha Painter. his
wife: Laura L. Reece, and w. 5.
Reece. her husband, Lydia Easton
and G. II, Easton, her husband; W..
r. Painter and Ella Painter, his
wife: Jesse Painter and Kittie Paint
er, his wife, and Anna I. 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. K. Lackey
claiming of you that Catherine i.
Painter died testate in Marshall Coun-
ty, Iowa, seized in fee OF the follow
ing described real estate in Marshall
County, Iowa, to-wit
Lot -Four ca in Shepard & Ban
bury's Sub division Of the North Half
(Nk) of the Northeast Quarter (NEA)
of the Southeast Quarter (SEA) OF
the Northeast Quarter (NEA) in Sec
ton Thirty-four (34), Township
Eighty four (sD North Of Range
Eighteen ls) West of the 5th P. NJ,
Of Iowa.
That the plaintiff claims that a mis-
take was made in the description in the
deed made by you, said Thomas y.
Painter, widower, L. J. Painter. single.
E. ]. Painter and Martha Painter. his
wife, Laura L. Reece and w. S. Reece,
her husband, Lydia Easton and q H.
Easton. her husband w. r. Painter
and Ella Painter, his wife, Jesse
Painter and Kittie Painter, his wife,
and Anna L. Painter, single, when ypu
executed deed to Catherine z. Paint
er on the 3rd day of February, 1912, ir
this that the description of said decd
should have read Lot 4 OF SHEPARD q
Banbury's Sub division of the N12 OF
the NE14 of the SEX 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 NJ OF
the SEX of the NEA of Section "a,
Township 81 North of Range IS West
of the 5th 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. Lackey in and
TO said property; also claiming that
he Is the owner Of an undivided one
third (und. 1-3) in fee thereof and has
d qualified interest in another undivid-
ed one-third (und. 1S) CT said real es-
tate as Is shown by item three 90 OF
the will of said Catherine e. Painter;
that Sarah A. Guthrie has an undivic-
ed one-third (und. 1-3) interest
and a qualified interest in another ur-
divided one-third (und. iS) there
Of and that Francis A. Lackey has
a qualified interest in the remaining
undivided one third (und 1-3) in
terest in said property as provided for
in item of the will Of said Catherine
E. 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
ises or such part thereof as cannot be
equttably divided be ordered sold and
the proceeds of such sale be divided
among the parties according 20 their
respective rights after the payment OF
the costs, which includes an attorneys
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 flee
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 Maj silaiitowIi, Io%:a, c.: .1S sth
day Of September, A D. 1915, your de-
fault will be entered and a 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.