Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-03-01
ORIGINAL NOTICE.

Iowa in an d for Marshall County,
September term, A. ID. 1916.
ri. p. Nyce, Edith Hauser. Mary j.
McKinnon and A. G. Nyce, Plain'ltis
John Nyee, Mary J. Nyce, Rosina Den
bow. Rosanna Denbow. John Calvin
E;lzy, John Calvin Ei-ny. Alvin Eizy'
Robert Pool, Mahala Tool, Mahaia
Poole, l.. c. Carpenter, Louisa c. car
64 penter. and all Of the known or I'M
known spouses, creditors. heirs, de-
8 yisees, persons, minors, insane per-
xocs or persons otherwise incapaci-
lated. claiming title by. through or
under said persons above named or
either or any of aid persons above
named, and all persons interested or
concerned in the south one-half OF
the southeast quarter, except one
.cr,. ,,,:. cf the northeast corner
thereof. also the south one-ha1 OF
the southwest quarter. all In secuon
number twenty-three, township
eighty-f five, north. range numoer
nineteen west of the fifth P. M. Mar
shall county. Iowa, and TO all OF the
unknown claimants to said property
above named and to all persons hav
ing or claiming an in crest therein.
whether known or unknown, sane OF
insane. or otherwise tncapacitated.
and. and all unknown claimants OF
said above described real estate. de-
PENDANTS.
To the above named defendants and
unknown claimants and each and all
Of them:
{ 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
Ss tra7state Of Iowa, within and for the
county Of Marshall. the petition OF H.
P. Nyce. Edith Hauser. Mary ]. Nc
Kinnon and 4. G. Nyce claiming that
they are the absolute and InQuahfled
owners in fee simple Of and praying for
the ouieting of the title in them to the
following described real estate situate
in the county of Marshall and state OF
Iowa to-wit:
The south one-half Of the southeast
quarter except one acre out of the
northeast corner thereof. also the south
one half Of the southwest quarter. all
in section number twenty-three. town
chip number eighty-five north. range
number nineteen. west OF the fifth T.
NJ. 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 real estate
under color Of title mad claim OF
right for more than twenty years
last past and any claim or in
terest that any Of the defendants may
have had or claimed Is now barred by
the statute CT limitation Of the state
of Iowa, and the said defendants as
we'll a. any and all persons claiming
by, through or under them or either Of
them are forever barred and estopped
from claiming or ass srttng any right to.
or interest in sa.d premises adversely
to these plaintiffs by reason Of the
adverse possession Of these owners and
their grantors.
Also asking that It be decreed by the
court that one John Nyce died Deem
Der 18th. 1888, intestate- 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 fifth P. NJ. Marshall county.
Iowa That he left as his only heirs
at law hts wife Nary Jane Nyce and
the plaintiffs above named. That
Mary Jane Nyce, the widow of
John Nyce. L. now dead. and the plain
tiffs 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
shall county, Iowa, but all claims OF
every kind existing or known against
the said estate were paid In full That
1t 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. 1885. intestatc,
while d resident of said Marshall
county, Iowa, and the owner of tract
of land beginning at the southwest
corner Of section twenty three. town
ship eighty five, range nineteen, and
running east twenty rods, north eighty
rods, west twenty rods, south eighty
rods to the place of beginning. That
he left as his only heirs at law his
widow, Mahala Pool. and Rosina Den
how and John Calvin Ely. the only
children Of Mrs Robert Pool, a 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
sas, and Maha1a Poole grantee in quit
claim deed from John Calvin Ely and
wife dated June 22nd. 1889, and re-
corded in book 1872, page 52s. 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 SINE iden-
teal person. That the Rostna Denbow
grantor in deed to Mahala Poole dated
Aprt' 1887 and recorded in book 1872
mage sos. Sof said records and the Ro-
sauna Denbow given as an heir Of Rob-
GO Peel gaa one and the same identical
ps.scr: that John Calvin Ely grantoI
tf. quit claim deed to Mahala Poole
dated June END. 1889, and recorded In
book t22, page 526, of said records and
the John Calvin Elzey as written in said
So ana acknowledgment and the