Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1916-11-01
ORIGINAL NOTICE OF
PETITION OF INTERVENTION

December. Term, 1916.
In the District Court, Delaware Couh-
ty, Iowa.
G. O. Steers and D.. w. Steers,
Plaintiffs,
Lund Land Company, Frank H. War
ner, NJ. G. Bryan, w. G. Creath, John
r. Maynes, and C. F. Raach,
Defendants.
Maria Philip, Interviewer.
To c. o. Steers, D. w. Steers, Plain
tiffs, and Lund Land Company.
Frank H. Warner, M. G. Bryan, W.
C. Creath, John R, Maynes and 9.
F.. Raach, Defendants.
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 Iowa, in and for Delaware
County, petition Of Intervention OF
Maria Philip, as interviewer, which
said petition was filed under an Or
der of said court, in an action there
in pending, entitled G o. Steers and
D. w. Steers, Plaintiffs, VS.. Lund Land
Company, Frank H. Warner and M,
G. Bryan, and in which said order W.
G. Creath, John R. Maynes and Q. f..
Raasch were brought in as party de-
PENDANTS in said action.
You are further notified that the
interviewer in her petition claims that
by the false and fraudulent repres<
entations of the defendant Lund Land
Company, through its agents, and de-
PENDANT Frank H. Warner, she was
defrauded and induced to execute and
deliver warranty deed conveying 70
the Lund Land Company, the west
half of the North east quarter: the
east half of the northwest quarter;
the west three-fourths of the north
one-half of the southeast quarter, and
one acre off of the south side of the
southwest quarter of the northwest
quarter of section one, Township
Eighty-seven North, Range Four
West Of the Fifth P. NJ, which appears
of record in Book 81, page 226 In
office of recorder of Delaware Coun-
ty, Iowa. Further alleging that the
consideration for said deed has fall
ed, and that the defendants had eth
er actual or constructive notice OF
said fraudulent transaction. That the
plaintiffs had constructive notice that
at the time they entered in contract
with Lund Land Company, as set up In
their petition, that the Lund Land
Company was not the owner of the
land herein described and that such
contract was Of no force or effect and
was null and void; and praying that
contract between interviewer and the
Lund Land Co. of date December End,
1915, as amended January IS, 1916;
deeds appearing Of record in Book
81, page 226; Book So, page 1874, Book
50, page 21S; Book 81, page 254;l
Book SO. page 351 Of the records I'M
the Office of the Recorder of Della
ware County, Iowa, and the contract
between the plaintiffs and the Lund
Land Company, copy of which is
made part of plaintiffs petition, be
cancelled and set aside, as null and
void, and that the title to the land
herein described be established and.
| quieted in the interviewer, and for such;
other and further relief as may be-
equitable in the premises, with costs
of this action. For further particn-
lars you are referred to petition of In
tervener on file herein /,
And that unless you appear thereto
and defend on or before noon Of the
second day Of the December Term
1916 of said court, which will COM
mence and be held at Manchester, in
said county, on Monday, the 4th day
of December, A. D. 1916, default will
be entered against you and Judgment
and decree as prayed rendered there's
on.
Dated this Goth day of October,
1916. tn
YORAN & YORAN and III
EDED DTATD .I5gAt