Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-02-10
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ORIGINAL NOTICE.

equity, march term, "A. H., 1870 So
Wilbert F. Innes, plaintiff, VS.. Mitchell
Robson, George H. Jerome. Gertrude
Smith, Vac Leta Smith, Claudia
Smith, Mildred Smith, William Ray
mond Smith, Philo Kirby, Jane Reed,
Christopher Ford, and the unknown
claimants Of block one %, and lots
one ~, two CO, three CO, four "a,
FIVE CO, six co., seven Cd, eight (S),
and nine (9) Of block two (2), High
view addition to the original town of
Marshall, Marshall county, Iowa, de-
PENDANTS.
Jerome Gertrude Smith, Vac Leta
Smith, Claudia Smith, Mildred Smith,
William Raymond Smith, Philo Kir-
by. Jane Reed. Christopher Ford, and
the unknown claimants of block one
%. and lots one o.. two (2), three
90. four "a, five 60, six CO., seven
%. eight (8), and nine 90, Of block
two (2), Highview addition to the
original town of Marshall, Marshall
county, Iowa.
titled that there IS now on file in the
Office of the clerk of the district court
of Marshall county, state of Iowa, the
petition OF Wilbert r. Innes, plaintiff.
of Marshall county, Iowa. claiming the
fee simple title to block one %, and
lots one 1), two (2), three (3). four
a., five 60. six (6). seven %, eight
(S), and nine (9), of block two (2).
Highview addition to the original town
OF Marshall, Marshall county, Iowa,
and praying that sthe title be estab
lished and confirmed In him In fee
simple. and that all claims Of the de-
PENDANTS above named, be quieted. and
tat they be barred and estopped from
claiming any right, title. or interest
therein, and for general equitable re-
lief and that the record title and or
iginal documents pertaining thereto be
reformed and changed to remove Ger
tain clouds upon the title as indicated
herein, to-wit: that certain mortgage
by Christopher Ford to Mitchell Robi-
son OF March 3, 1853, recorded In Book
"B". page %, Of the mortgage records
OF Marshall county. Is paid: that Geo.
Fl. Jerome and George H. Jerome,
which names appear In the record title.
refer to one and the same persons; that
mentioned mortgage Of two thousand
$4,000 in deed from George Staat
to John B. Hughes. in Book 100. page
615 is the same mortgage as that giver
ny rtOi &c u. otddl, " NAIS EIlliid
Bromley, recorded In Book 1879, page
226; that certain defects in the guar
dianship Of Gertrude Smith. Vac Leta
Smith, Claudia Smith. Mildred Smith
and William Raymond Smith. in the
probate court of Marshall county.
Iowa, wherein the real estate described
was sold, were clerical errors. and
omissions, and that legal notice was
given to the said above named per-
sons who were minors at that time,
and that they have now reached their
majority over year ago, and that
certain lost documents in reference to
the sale Of real estate should be re-
stored; that the name of Gertrude
Smith was thru clerical error omitted
from the guardians deed in the above
mentioned sale of real estate: that the
spouse Of Grace Bell Smith. whose
name is unknown. did Join with her
in the execution of the deed, to John
p. Hughes, Aug q, 1901. recorded in
Book 219, page 514; that the names
q. r. Kirby, Geo. F. Kirby and George
r. Kirby. which appear in the chain
OF title, refer to one and the same
person. and claiming that plaintiff and
his grantors have held adverse pos
session Of the premises for over ten
GO) years.
1t is particularly excepted from
plaintiffs petition, any claim as to
certain specific mortgages now existing
and no action affecting them is prayed
for They are: fa) Emil Seleine, to
Marshalltown Savings and Loan AS
ISOLATION. on lot three (3), block two
(2), Hfghview addition: (b) George NJ
Johnson, to Marshalltown Savings and
Loan Association on lots five (5) and
six coz, block one ~, Highview addi-
ton; (c) Wilbert Fl. Innes, to the First
Trust and Savings Bank, Of MARSHALL
town. Iowa, on portion Of described
premises; (d) H. A. Woellhaf, to Mar
shalltown Savings and Loan Associa-
tion on lot one ~, block two (2), Of
Hishview addition.
No prayer for personal judgment is
asked against any defendant
Nov. unless you appear and make
defense thereto, before the district
court OF Marshall county. state OF Iowa
on or before noon gpf the second day Of
the next March term Of the said court
TO he begun and held at the court house
Y In Marshalltown, Iowa, on the 9th day
Of March. A. D.. 1916 your default will
be entered, and decree rendered as
prayed for in said petition.
Dated Feb 8. A. D. 1916, at Mar
shalltown. Iowa.
wILBERT F. INNEs.
By CARNEY & CARNEY.
a Nj