Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-02-03
ORIGINAL NOTICE.

In the district court of the state of
Iowa, in and for Marshall county, in
equity, March term. A. D.. 1915.
Wilbert F. Innes,A plaintiff, VS.. Mitchell
Robson, George H. 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 Cd, and lots
one a., two (2), three go, four (41
FIVE co.. six (6), seven %. eight (s).
and nine CO.. Of block two (2). High
view addition to the original town OF
Marshall, Marshall county, Iowa, de-
PENDANTS
To Mitchell Robson, George III.
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
~, and lots one az. two ca, three
(3). four a., five (5), six CO., seven
ca. eight (S), 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. Times, plaintiff,
of Marshall county, Iowa, claiming the
fee simple title to block one %, and
LOTS one a., two t2). three (3). four
f)S Ave (5}. six Co, seven %, eight
(s), and nine CO.., of block two Cd,
Highyiew addition to the original town
of Marshall, Marshall county. Iowa.
and praying that the title be estab-
lished and confirmed in him in fee
simple. and that all claims of the de-
PENDANTS above named. be quieted. and
that they 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, to-wh: that certain mortgage
by Christopher Ford to Mitchell Robi-s
SOM OF March 8, 1853. recorded In Book
"E.'. page %, Of the mortgage records
OF Marshall county, IS paid; that Geo.
H Jerome and George WI Jerome,
which names appear in the record title,
refer to one and the same persons; that
mentioned mortgage Of two thousand
$4,000 in a deed from George Staat
to John b. Hughes. in Book 100. page
els. is the same mortgage as that given
by George J. Staat, to Mrs. Emma
Bromley, recorded In Book 1s9 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, were clerical errors, and
given to the said above named per-
sons who were minors at that time,
and that they have now reached their
majority over a 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. 27, 1901, recorded in
Book 219. page 514; that the names
q. r. Kirby, Geo. F. Kirby and George
r. 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
3 (f0)ssyears
n IT is particularly excepted from
plaintiffs petition, any claim as to
certain specific mortgages now existing
and no action affecting them is prayed
for.s They are: (a) Emil Seleine to
Marshalltown Savings and Loan As
sociation, 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 co, block one a., Highyiew addi-
tion;a(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
shalitown Savings and Loan Associa-
tion. on lot one a., block two (2). Of
Highyiew addition. 50
No prayer for personal Judgment Ii
asked against any defendant
Now, unless you appear and make
court Of Marshall county, state OF Iowa,
on or before noon Of the second day of,
! the next March term OF the said court.
Ito be begun and held at the court house.
In Marshalltown, Iowa, ron the 6tn day
Of March, A. d.. 1916. your default will
be entered. and decree rendered as
( prayed for in said petition.
Dated Feb 3, A. d, 1916, at Mar
sllalltown, Iowa. Is.
wILBERT F. INNEs.~
BY CARNEY & CARNEY,
Y E Attorneys For Plaintiff. y
Z READ THE T..R WANT sADS..