Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-03-22

ins ~ claiming "a interest therein.
wh43thsr known or unknown. same or
ins4ne. or otherwise incapacitated.
and. and all unknown claimants Of
said above described real estate. do
PENDANTS. ss8
To the above named defendants and
unknown claimants and each and all
OF then: III # l
4 You and each OF you arc hereby mo-
titled that there il 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 H.
p. Nyoe, Edith Hauser. Mary J. Me-
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:
Tho south one-half Of the southeas,
quarter except one acre out Of the
northeast corner thereof, also the south
one half Of the southwest quarter, all
in section number twenty-th three, town.
ship number eighty-f five north, range
number nineteen. west OF the fifth p.
| M. 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 4 real estate
~ ~
| right Tor more than twenty years
last past and any claim or In
| terest that any OF the defendants may
have had or claimed il now barred by
the statute OF limitation OF the state
OF Iowa, and the said defendants as
; we'll as any and all persons claiming
by. through or under them or either or
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 tho
adverse possession Of these owners and
their grantors.
Also asking that IL be .tlecreed by the
court that one John Nyce died Decem.
Der 18th. 1888. interstate. while 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 barn lot and
also the east three-fourths Of the
southwest quarter OF the southwest
quarter Of section twenty-three. town.
ship eighty five. rang nineteen. west
OF the NTH p. NJ, Marshall county.
Iowa That he left ~ his only heirs
at law his wife Mary Jane Nyce and
the plaintiffs above named. That
Mary Jane Nyce. the widow Of
John Nyce. - now dead. and the piair,-
lifts 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
every kind existing or known against
the said estate were paid In full. That
it has been more than five years since
the date OF the death Of said John
Nyce and administration cannot now
be taken out In his estate.
That one Robert Pool died ON or
about November 18th. 1856. intestatc,
while a resident of said Marshall
county. Iowa, and the owner Of tract
Of land beginning at the southwest
corner of. section twenty-five town
ship eighty five, range nineteen. and
running east twenty rods. north eighty
rods. west twenty rods. south eighty
rods u the place Of beginning. That
he left as his only heirs at law his
widow Mahala Pool. and Rosina Dem
bow and John Calvin Elzy. the only
children OF Mrs. Robert Pool. former
wife Of said Robert Pool. That Mahala
Pool. the widow OF Robert Pool and
Mahala Poole grantee in quit claim
deed from Rosina Denbow dated April.
1887 and recorded in book 122, page
sos, and Mahala Poole grantee In q 1T
claim deed from John Calvin Elxy ana
wife dated June 22nd. 1889. and re-
corded in book 122. page 526 of the
records Of Marshall county. Iowa, and
the Mahala Pool named as the widow
OF Robert Pool in probate proceedings
relative to the estate Of Robert Pool.
deceased. was one and the slime iden-
teal person. That the Rosina Denbow
grantor In deed to Mahala Poole dated
April 1887 and recorded In book 1a2.
page sos. Of said records and the Ro-
sauna Denbow given an an heir OF Rob-
ert Pool was one and the same Identical
person; that John Calvin Elzy grantor
in quit claim deed to Mahala Poole
dated June 22nd, 1889. and recorded in
book 122. page s2s. OF said records and
the John Calvin Elzey as written In said
deed and acknowledgment and the
Alvin Elzy named as IN heir OF Robert
Pool in probate proceedings relative to
his estate was one and the same per-
son. ~ -ssFssaaas .g5E 5gs5f.E 80
That the l. c. Carpenter named as
grantee in mortgage given by Almar-
ian Gaer and wife dated january 18th,
1885, and recorded in book 1876, page
ISL. and Louisa C. Carpenter who
granted a power OF attorney to Charles
e. Boardman to cancel mortgages Of
record in the state Of Iowa OF date
April 9Th 1882. and recorded IN book
1T. page 1856. and the L. G. Carpenter
who released the said mortgage on the
margin Of the record Of date October
7th. 1887, was one and the same identi.
cal person and the Charles E. Board
man to whom said power OF attorney 1t
was given and the G. E. Boardnan who Il
released the said mortgage on the mar s
gin Of the record was one and the
same identical person. That decree
be entered Of record by this court
showing that all Of the above and fore.
going facts and statements are true
and correct. 4ss.s5 (
That the taxes assessed against said
land have been paid by the presarst