Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1916-08-23
ORIGINAL NOTICE.

IN the DlStrlct Court or Iowa in and
for Winneshiek County, Septem-
Der Term, 1916.
c. j. Kirkeby, Plaintiff, VS.. Daniel
Volmer and --Volmer, his wife;
Levor Thelmason and - Thel-
mason, his wife, George Thelma-
son and -- Thelmason, his wife:
Thomas Phelps and Mary Jane
Phelps, his wife; Silas B. Erwin
and Erwin, his wife, Clara M.
Loomis, Frank E. Erwin and Belle
Erwin, his wife, Jessie E. Marsh
and Charles S. Marsh, her hus-
band, j. T. Atkins and -
Atkins, his wife, the unknown
heirs, assignees, devisees, gran
tees, mortgages, and their
husbands and wives of each
of the above named defendants,
and the unknown claimants and
owners of the following described
real estate, situated in Winneshi
County, Iowa, to-wit: Lot Number
ed Twenty 600 of the Sub-divi-
sion of the Southwest quarter of
the Southeast quarter of Section
Sixteen (16), Township Ninety
eight (9S) North of Range Eight
(S), West of the 5th p. M. accord
ing to plat recorded February
goth, 1895, in Book II page in
the recorders Office of Winneshiek
County, Iowa, Defendants.
To the defendants above named:
You and each of you are hereby
notified that there is now on file in
the office of the clerk of court in and
&c, h nly ~
ton in Equity Of C. j. Kirkeby, the
plaintiff above named, in which he
alleges that he is the absolute own
er in fee simple of the above des-
cIibed real estate; that through him.
self, and his predecessors in interest
through whom he claims title, he has
for more than ten years last past
been in peaceable, open, notorious,
continuous, exclusive and adverse
possession under claim Of right and
color of title as against all the
world; that he is credibly Informed
and believes that the defendants
make some claim to the said premis-
es adverse to this plaintiff, but such
claims, if ever existing, are long
since barred by the Statute of Limita-
tions, that the defendant Daniel Vol
mer makes some claim to the said
premises by virtue of a deed, dated
-1S56, and recorded on page III
of Book "a; that defendant Thorn
as Phelps claims an interest by deed
dated December 18th, 1880, and re-
corded on page 145 of Book CA;
that defendants Levor Thelmason
and George Thelmason claim inter
|ests by deed dated December 30th,
1853, and recorded on page 324 OF
Book "a; That defendant j. T. At
kin claims an interest by deed dated
December Goth, 1875, and recorded
on page 80 of Book % and another
deed (tax decd dated August 3,
1877 and recorded on page 432 OF
Book "a; that defendant Silas B. Err
vim claims an interest by deed dated
December 18th, 1855, and recorded
on page 524 of Book e.. that all OF
said deeds as referred to are or rec
ord in the office of the county recoT-
der in and for Winneshiek County,
Iowa; that the rights or claims OF
right of the unknown defendants are
based, on rights of heirs, assign
ments, devises, grants and mort
cages coming by through or under
the specifically named defendants;
that the plaintiff has been unable to
learn the names of the unknown de-
PENDANTS although he has searched
diligently to learn the same; that any
right, title or interest that said un-
known defendants may once have
had are long since barred by the
Statute of Limitations; that plain
tiff prays in his said petition that the
title be quoted and perfected in
him, and that any cloud, or clouds
appearing on the record title be re-
moved, both as to the defendants
specifically named and as to the un-
known defendants, and that said de-
PENDANTS, whether known or un-
known, and all persons claiming
through them be forever barred and
estopped from having or claiming
any right, title or interest in and to
the said premises; and that any de-
fendant appearing to contest plain
tiff's claim as alleged be adjudged
to pay the costs of this proceeding,
and plaintiff prays for general equit-
able relief.
And unless you appear thereto and
defend on or before noon of the Sec
ond day of the next term of the said
district court, being the September
1916 term, to be held in the court
house in DEBORAH, Iowa, commenc-
ing on the 18th day of September,
1916, default will be entered against
you and decree rendered therein as
prayed in the said petition.
Dated at DEBORAH, Iowa, August
18th, 1916. 1874
WILLETT & NELSON,
for {. j. Kirkeby, Plaintiff.