Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-07-12

fed that there IL nov on nle IN the
office OF the clerk Of the district court
of Iowa, in and for Marshall county,
the petition Of Drnestine Arnold, claim
ing Of you the partition OF the follow.
ing described real estate, to-wit:
~ The west one third (1-a) OF lot nine
co. and the east one third u-3) of los
nine; all OF block nine co., in the orig
inal town OF Marshall; and lots one
and two Il b y in block nineteen (1s)
in the original town OF Marshall: and
lot fifteen tl5), in block three "a. An
sons fourth sub division In the town
of Marshall; and lots four and ave
q & 81 in block three .t3), In Rices
second addition to the town Of Mar
shall. all OF Marshall county, Iowa; ana
asking that Judgment be entered, con
firming the shares Of the parties in
terested therein. as set forth and all
legged in plaintiffs said petition: and
that If the said premises can not be
equitably divided then that a sale OF
said premises be ordered and that d.
vision Of the proceeds thereof be made
between the parties plaintiff and the
defendants in interest above desig-
mated, according to- their respective
shares; and that there be allowed and
taxed. as authorized by law, attorneys
fees for plaintiffs attorney, in this ac-
ton; that the same, together with 9th.
er costs and expenses OF this action,
he made a lien upon the respective
shares Of the parties in the above de-
scribed premises In proportion TO their
said interests, and for costs OF this
action; and for such other and further
relief as may be equitable in the prem
ises, as fully set forth In said petition,
to which you and each Of you are res
ferred.
Count n.
To the above named defendants. un.;
der the caption Count H.. and un-
known claimants:
You and each of you are hereby
notified that there IL now on file in the
office OF the clerk OF the district court
of Iowa. in and for Marshall county,
the petition of the paintin Ernsstine
Arnold. in the above entitled action, in
which she states that she and ths de-s
PENDANTS in partition In said cause.
namely. Lottie Bradt. John .Lindstrom.
Frederick j. Grumme. Lena "A. Price.
inez A. Grumme Prickey, William,
Grumme. Frank Grumme, Arthur
Grumme. Harry Grumme. Carl OtteS.
Doris Behrens. Gergine Kerst, ---
Grumme. child Of Carl Gruname q de-
ceased brother Of Frederick Grumme.
deceased. are the absolute owners In
fee simple, as tenants in common, with
interests as particularly declared upon
in Count I. Of plaintiffs said petition.
Of the following described real estate.
to-wit: The west one-third u-S) OF lot
nine co.. and the east one third d-31
Of lot nine CO..; all in block nine (9).'
IN the original town Of Marshall; and.
lots one and two Il & y In block nine
teen 19). in the original town of Mar
shall: and lot fifteen (15), in block
three 90 in Anson's fourth sub divi-
sion in the town OF Marshall and lots
four and 1--WE a and 81 in block three
80. in Rice's second addition TO the
town of Marshall; all of Marshall
county, state OF Iowa; and, that you
and each of you, she Is credibiy In
formed and believes. make some claim
to the estate Of plaintiff and her CO.
tenants in said premises: that YOU and
each Of you have transferred and con-
veyed any and all interest that you or,
any OF you may at any time have had
IN said premises by good and sufficient
conveyances at a time when the
grantor OF said conveyances was pos
sessed Of full power. right and author
itys to make and execute the same.
PLAINTIFF furtehr alleges In her said
petition that, by the terms OF the con-
veyances In said petition designated, to
which you and each OF you are par
ticularly referred. and by the intent OF
the parties the plaintiff and her CO.
tenants have become fully vested with
the fee simple title to the premises
hereinbefore described, and that they
are now the absolute owners thereof.
Plaintiff further alleges in said petit
ton that there are persons whose
names and residences are unknown to
the plaintiff ,altho plaintiff has sought
diligently to learn the same. who claim
an interest In said real estate. herein
before described. adverse to plaintiff
and her co-tenants, as the unknown
heirs at law. survivors, devisees or
grantees, respectively. Of the defend
ants above designated and referred 10.
under the caption Count H.. and the
unknown persons claiming an interest
in said realty or some part thereof by
inheritance grant or dover right thru
or from such defendants, as to each OF
which unknown claimants and defend
ants this plaintiff in her said pettttoa
AYERS that any right, claim, title or i'm.
crest upon the part of each and all OF
such defendants and unknown claim
ants is barred by the statute OF linitta-
tons: that the plaintiff and her said
CO. tenants, thru their prior grantors
in the chain of title have been in open.
apparent, undisturbed, adverse and UNI
disputed possession Of said premises.
under claim Of right and color of title
for more than ten years last past. and
that such defendants, their heirs. de-
visees assignees, creditors and the sur
viving spouse of any such defendants,
are wholly Invested Of any right or
claim Of title in and to the said prem
Uses by reason Of the conyeyances, re-
leases and legal procedure in said Pc
tition particularly designated: that this
plaintiff and her co-tenants above des-
ignated. thru their prior grantors. have
taken and held possession OF said
premises under claim OF right and color
of title for more than ten years last
past and have paid the taxes and as
SEES sments on said premises, without or
fer Of re- payment Of the same by any
person claiming an interest in said
lands; that each and all OF such de-;
PENDANTS and unknown claimants. are
non residents Of the state Of Iowa;
that plaintiff makes no claim for per-
sonal judgment against any OF such
defendants or unknown claimants.
Plaintiff prays in said Count u. Of
her said petition that the fee simple
title OF plaintiff and the defendants in
partition above named as her co-ten-
ants in their respective shares therein