Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-02-17
ORIGINAL NOTICE,

I
equity, March term, A. D., 1916.
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 a., two (2), three 90, four 90,
five go, six (6), 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.
To Mitchell Robson, George H.
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
az. and lots one ~, two (2), three
81. four ~, i've (5), six (6), seven
(). eight 60. and nine (9), Of block
two (2), Highview addition to the
original town Of Marshall, Marshal:
county. IOWA.
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 Marshall county, state Of Iowa, the
petition OF Wilbert F. Innes, plaintiff,
OF Marshall county, Iowa, claiming the
fee simple title to block one (1), and
lots Die Try. two f2). three 131. four
a., Ave f5). six (6). seven ~, eight
fs), and nine (s). Of block two (2),
Highview addition to the original town
OF Marshall. Marshall county, Iowa.
and praying that the title be estab-
lished and confirmed in him in fee
simple, and that all claims of the de-
PENDANTS above named, be quieted, and
that 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 a certain mortgage
by Christopher Ford to Mitchell Robi-
son OF March 3. 1853, recorded in Book
r.. page %, Of the mortgage records
OF Marshall county. is paid: that Geo.
H. 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
t$2.o00) in a deed from George Staat
to John B. Hughes, in Book 100, page
SIS, is the same mortgage as that giver
by George J. Staat to Mrs Emma
Bromley, recorded In Book 1919, page
226: that certain defects in the guar
dfanship 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
rr1rv % No c1S1 ~
sons who were minors at that time,
and that they have now reached their
majority over a 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 tho deed, to John
B. Hughes, Aug. p, 1901. recorded in
Book PIG, page 514; that the names
G. F. Kirby, Geo. F. Kirby and George
F. 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
(10) years
II Is particularly excepted from
PLAINTIFF petition, any. claim as to
Certain specific mortgages now existing
and no action aIrecting them is prayed
for. They are: (a) Emil Seleine, to
Marshalltown Savings and Loan AS,
sociation, on lot three (3). block two;
(2), Highview addition: (b) George M.
Johnson, TO. Marshalltown Savings and
Loan Association on lots five (5) and
six co. block one ~, Highview addi-,
ton (c) Wilbert F. 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 a., block two (2), of
Highview addition.
No prayer for personal Judgment is
asked against any defendant.
Now, unless you appear and make
defense thereto. before the district
court Of Marshall county, state of Iowa.
on or before noon Of the second day OF
the next March term of the said court,
to be begun and held at the court house
In Marshalltown. Iowa. on the 6tf day
OF March, a. d.. 1916. your default will
be entered, and a decree rendered as
prayed for in said petition. ss5 ss;
Dated Feb. s. Al %. 1915. at Mar
Shalltown, lows *.
~ W1LHFRT e. INNEs.
DEsfARNEEska CARNEY,
-. - sss:s:. Ecc p!ssyti TIN.