Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-02-24
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ORIGINAL NOTICE,

Iowa, in and for Marshall county, in
equity, March term. A. D., 1916.
Wilbert F. Innes. plaintiff, VS.. Mitchell
Robson, George II. 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 ca, four o.
five CO, six co., 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
(1), and lots one (1). two (2), three
a., four a.. five 90, six co., seven
~, eight (8), 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 u, and
lots one a.. two t2). three (3), four
az. i've (5). six co., seven 81, eight
(s). and nine (9), OF block two (2),
Highview addition to the original town
of Marshall, Marshall county. Iowa,
and praying that the title be estab-
N{c1A - -
simple, and that all claims of the de-
f9ndants above named. be quieted. and
that sthey 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. sto-Wit: that certain mortgage
by Christopher Ford to Mitchell Robi-
son OF March 3. 1853, recorded IN Book
".S.page %, of the mortgage records
OF Marshall county. Is paid: that Geo.
n Jerome and George H. Jerome,
which names appear in the record title,
refersto one and the same persons; that
mentioned mortgage Of two THOUSAND
fS2.000) in deed from George Staat
to John B. Hughes, In Book 100, page
615, is the same mortgage as that giver.
by George J. Staat to Mrs. Emma
Bromley. recorded In Book 1879, page
226; that certain defects in the guar
dianship 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, we're clerical errors, and
omissions, and that legal notice was
given to the said above named per-
sons who were minors at that time.
and that they have now reached their
majority over 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 the deed, to John
B. Hughes, Aug. q, 1901. recorded In
Book PIG, page 514; that the names
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
Coy years.
It Is particularly excepted from
plaintiffs petition, any claim as to
certain specific mortgages now existing
and no action affecting them is prayed
Tor. They are: (a) Emil Seleine, to
Marshalltown Savings and Loan As
ISOLATION on lot three (3), block two
(2), Highview addition; (b) George NJ.
johnson, to Marshalltown Savings and
Loan Association on lots five (5) and
six (6), block one eD, 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-
ton. on lot one az, 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 lJefore noon OF the second day OF
the 1ext March term of the said court,
II De begun and held at the court house
in Marshalltown, Iowa, on the 9Th day
Of March. A. D.. 191S. your default Will
be entered, and decree rendered as
prayed for In said petition.
Dated Feb. 8, A. D. 1916, at Mar
Yhalltown, Iowa.
WILBERT f. INNES.
~ CARNEY q CARNEY. ss