Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-03-15
ORIGINAL NOTICE.

ORIGINAL NOTICE.
In the District Court OF the State Of
Iowa in an d for Marshall County
September term. A. D. 1916.
H P. Nyce. Edith Hauser. Mary J.
McKinnon and A G. Nyce. Plaintiffs.
vs..
John Nyce, Mary ]. Nyce. Rosina Den
bow, Rosanna Denbow. John Calvin
Ely. John Calvin Elzey. Alvin Ely.
Robert Pool. Mahala Pool Mahala
Poole L. c. Carpenter. Louisa c. Car
penter and all Of the known or I'M
known spouses. creditors heirs. de-
viSees, persons. minors. insane per-
sons or persons otherwise incapaci
tated, claiming title by. through or
under said persons above named or
either or any OF said persons above
named, and all persons interested or
concerned in the south one-half of
the southeast quarter. except one
acre out Of the northeast corner
thereof also the south one-haf OF
the southwest quarter all in section
number twenty three. township
eighty-five. north, range number
nineteen west of the fifth P. M, Mar
shall county. Iowa and to all Of the
unknown claimants to said property
above named and to all persons hav
ing or claiming an interest therein.
whether known or unknown, sane or
insane or otherwise incapacitated
and, and all unkno own claimants of
said above described real estate, de-
PENDANTS
To the above named defendants and
unknown claimants and each and all
of the2:
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
Of the state of Iowa, within and for the
county Of Marshall, the petition of II.
P Nyce Edith Hauser. Mary J. Nc
Kinnon and A. G. Nyce claiming that
they are the absolute and unqualified
owners in fee simple Of and praying for
the quieting of the title in them to the
following described real estate situated
in the county Of Marshall and state of
Iowa, to-wit:
The south one-half Of the southeast
quarter except one acre out of the
northeast corner thereof, also the south
one half of the southwest quarter. all
in section number twenty three. town
snip number eighty-five north. range
number nineteen, west Of the fifth P.
NJ Marshall county, Iowa.
That they derive title to said prem
ises through various grantors, tracing
back to the government, and that any
claim adverse thereto is barred by the
statute Of limitation.
They and their grantors have been
In the continuous. open. notorious.
exclusive and adverse possession of
the above described real estate
under color of title mad claim Of
right for more than twenty years
last past and any claim or in
tcras+ that any of tho defendants may
have had or claimed is now barred by
the statute of limitation of the state
of Iowa, and the said defendants as
well as any and all persons claiming
by, through or under them or either Of
them are forever barred and estopped
from claiming or asserting any right TO-.
or interest in said premises adversely
to these plaintiffs by reason of the
adverse possession OF these owners and
their grantors.
Also asking that II be decreed by the
court that one John Nyce died Deem
Der 18th, 1883. intestate. while a resi-
dent of Marshall county and the owner
of the south half of the southeast quar-
ter, excepting one acre in the north
. east corner of said tract which was
decided to Levi Ulery for a barn lot and
also the east three fourths Of the
= southwest quarter OF the svuti, W es
quarter of section twenty-th three, town
ship eighty-five. rang nineteen, west
of the fifth 2. NJ, Marshall county.
iowa. That he left as his only heirs
at law his wife Mary Jane Nyce and
she plaintiffs above named. That
Mary Jane Nyce. the widow of
John Nyce. is now dead. and the plain
tiffs are the only living heirs Of the
said John Nyce and Mary Jane Nyce
That the estate OF tn said John Nyce
was never administered upon in Mar
shall county, Iowa, but all claims OF
every kind existing or known against
the said estate were paid in full. That
1t has been more than five years since
the date OF the death of said John
Nyce and administration cannot now
z be taken out in his estate.
That one Robert Pool died on or
about November 18th, 1885. intestatc,
while resident of said Marshall
county, Iowa, and the owner of a tract
OF land beginning at the southwest
corner Of section twenty three. town
ship eighty five. range nineteen, and