Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-07-26

! shares; and that there be allowed ana
taxed, as authorized by law, attorneys
fees for plaintiffs attorney, in this ac-
ton; that the same, together with oth-
er costs and expenses Of this action
be made a lien upon the respective
shares OF the parties in the above de-
scribed premises in proportion to thei,
said interests, and for costs Of this
| action; and for such other and further
relief as may be equitable in the prem
| ises, as fully set forth in said petition,
to which you and each OF you are re-
| ferred
Count II.
To the above named defendants, un.
der the caption Count H.. and UNI
| known claimants:
You and each of you are hereby
| notified that there is now on file in the
office of the clerk of the district courI
Of Iowa, in and for Marshall county,
the petition of the paintin Ernestine
| Arnold, in the above entitled action in
which she states that she and the de-
PENDANTS in partition in said cause.
namely, Lottie Bradt, John Lindstrom,
| Frederick J. Grumme. Lena A. Price.
1nez A. Grumme Prickey William
| Frederick Grumme Charles Julius
Grumme, Frank Grumme, Arthur
| Grumme, Harry Grumme, Carl Ottes,
Doris Behrens, Gergine Kerst,
Grumme, child of Carl Grumme a de-
ceased brother Of Frederick Grumme.
deceased, are the absolute owners IN
| fee simple, as tenants in common, with
| interests as particularly declared upon
| in Count I. of plaintiffs said petition,
Of the following described real estate,
| to-wit: The west one-third G-3) Of lot
nine co, and the east one-third (1-3D
Of lot nine co.: all in block nine (9),
IN the original town OF Marshall; and,
lots one and two q & p in block nine
teen (19), in the original town of Mar
shall; and lot fifteen (15), in block
three (3) in Anson's fourth sub -diviA
sion in the town OF Marshall and lots
four and five e and 81 in block three
CD, in Rice's second addition to the
town of Marshall;, all OF Marshall
county. state of Iowai and, that you
and each Of you, she Is credibly in
formed and believes, make some claim
to the estate Of plaintiff and her co.
tenants in said premises; that you and
each Of you have transferred and con-
veyed any and all interest that you or
any Of you may at any time have had
in said premises by good and sufficient
conveyances at a time when the
grantor OF said conveyances was pos
sessed OF full power. right and author
ity to make and execute the same.
Plaintiff furtehr alleges in her said
petition that. by the terms of the con-
veyances in said petition designated, to
which you and each of you are par
ticularly referred, and by the intent Of
the parties the plaintiff and her CO.
tenants have become fully vested with
the fee simple title to the premises
herein before described. and that they
are now the absolute owners thereof. q
Plaintiff further alleges In said petit
ton that there are persons whose
names and residences are. unknown to
the plaintif ,aHho plaintiff has sought
diligently to learn the same. who claim,
an interest in said real estate, herein
before described, adverse to PLAINTIFF
and her co-tenants, as the unknown
heirs at law, survivors, devisees or
grantees, respectively, OF the defend-S
ants above designated and referred to.
under the caption Count H., and the
unknown persons claiming an interest
In said realty or some part thereof by
inheritance grant or dover right thru
or from such defendants. as to each Of
which unknown claimants and defend
ants this plaintiff IN her said petition
AYERS that any right. claim. title or in
crest upon the part Of each and all Of
such defendants and unknown claim
ants is barred by the statute OF limita
tions: that the plaintiff and her said
CO. tenants, thru their prior grantors
In the chain Of title, have been in open.
apparent. undlsturbed. adverse and un- /
Stpv ct NJ ~
under claim OF right and color OF title !,
for more than ten years last past, and
that such defendants, their heirs. de-
visees assignees. creditors and the sur
viving spouse of any such defendants.
are wholly Invested of any right or
claim of title7 In and 20 the said prem
Uses by reason of the conveyances, re-
leases and legal procedure in said pc
tition particularly designated; that this
plaintiff and her tenants above des-
ignated, thru their prior grantors, have
taken and held possession of said
premises under claim Of right and color
of title for more than ten years last
past and have paid the taxes and as
sessments on said premises without Of
fer Of repayment of the same by any
person claiming an interest in said
lands; that each and all of such de-
PENDANTS and unknown claimants are
non residents OF the state Of Iowa:
that plaintiff makes no claim for per-
sonal judgment against any Of such
defendants or urhnuwII claimants.
Plaintiff prays in said Count II. OF
her said petition that the fee simple
title of plaintiff and the defendants In
partition above named as her Gotten
ants in their respective shares therein
be confirmed against such defendants
and all unknown claimants and that all
persons claiming by, thru or under any
of them be barred and forever estopped
from having or claiming any right, title
or interest adverse to this plaintiff and
her co-tenants in and to the said
premises. and that the title thereto be
auieted and established in this plain
tiff and her co-tenants In their respec-
tive interests therein, and for such
other and further relief as may be
equitable in the premises.
Now. unless you appear and make
defense thereto at or before noon OF the
second day of the next September term
of sale court, to be begun and held at
Marshalltown. Iowa. on the fourth day
of September, A. D., 1916. your default
will be entered and judgment and
decree rendered thereon, as prayed fof
in said petition.
Dated this third day Of July. A. D.
1916.
Plaintiff.
BY c. H. VAN LAW.
Her Attorney.