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

beth Mellish; Sarah E. Miller, Myrtle
NJ. Miller; Henry Hartwell Miller;
Ida NJ. Mellish; Calvin Hartwell An
son; Marjory Arson; Henry E. ].
Boardman: Daniel ]. Allen; Calvin
Hartwell; Sarah E. Miller; John L.
Hartwell; all claimants of the real
estate heretofore described or any
part thereof. by, through or under the
persons above named, or either of
them, either as heir, devisee. benefi-
ci2ry, grantee, assignee, spouse, sur
viving spouse, creditor or in any other
capacity, whether sane insane, minor
or under any other disability as well
as all persons claiming said real es-
tate, or any part thereof. or any lien
thereon under any firm. corporation
or organization above named, either
as creditor, stakeholder, successor,
officer, assignee, grantee or in any
capacity whatever whether sane. in
sane, minor or under any disability.
Defendants.
To the above defendants, both those
named and those otherwise desig-
mated:
You and each of you are hereby no.
titled that there is now on file in the Of
flee of the clerk Of the District Court
of Iowa in and for Marshall County,
the petition of E. L. Bunting as
plaintiff, claiming that he is the owner
in fee simple of the real estate describ-
ed in the caption Of this notice and
that he, by himself and the persons I'M
der whom he claims, has been in the
actual, open, notorious, exclusive, IN
interrupted. continuous, peaceable and
adverse possession of said real estate
and every part hereof under color of
title and claim of right, viz: under
deeds and conveyances from the actual
owners and occupants thereof and I'M
der claim of absolute ownership, pay
ing all taxes, rates and assessments
thereon for more than twenty years last
past, and that you. and each of you,
both those named and those otherwise
designated, are forever barred and
estopped from having. claiming or as
sorting any interest in, right to or lien
upon said premises, or any part thereof,
adverse to plaintiff and claiming that
whatever right, title or interest you or
either of you may have had in and to
said premises is now vested in plaintiff
and that each of you are now estopped
from asserting otherwise, also claiming
that whatever interest in or right to
said premises or any part thereof you
or either of you may seem to have ap-
pears and arises only by reason of mis-
takes and omissions in deeds and other
instruments of conveyance affecting
said premises or portions thereof and
by reason of the failure to properly re-
cord deeds duly executed and delivered
and by reason of the failure of certain
grantorS to execute proper deeds of
conveyance and by reason of the failure
of certain owners and holders of mort
cages or other liens to properly release
the same of record upon the full pay
ment thereof and by reason of defects
and irregularities in certain proceedings
leading to the sale of portions of said
real estate under execution and by rea-
son of the failure of the records of
Marshall County, Iowa, to set forth
matters in regard tn the distribution
and partition Of portions of said real
estate which in times past belonged to
the estates of decedents also claiming
that the names and places of residence
and addresses of all unknown defend
ants and defendants designated in any
other manner than by name are IN
known to plaintiff and that plaintiff
has sought diligently to learn the same
but has been unable to do so and claim
ing that the places Of residence of the
named defendants are unknown to
plaintiff.
And you are further notified that the
relief demanded by plaintiff is that an
order and decree of court be entered
forever quieting and confirming the
title to said real estate and every part
thereof in plaintiff and forever estop-
ping and enjoining you, and each of
you, both those named and those other
| wise designated, from having, claiming
or asserting any interest in, right to or
lien upon said premises, or any part
thereof, adverse to the title Of plaintiff
and that it be determined and decreed
by the court that plaintiff by himself
and the persons under whom he claims
has been been in the actual, open, no
| torious, exclusive, uninterrupted, con-
| tinuous, peaceable and adverse posses
sion of said real estate described in the
caption of this notice and every part
thereof under color of title and claim of
right, to-wit: under deeds and convey
| ances from the actual owners and &C.
cupants thereof and under claim Of alb
solute ownership, for more than TWEEN
W years last past ana tnat plalntln
have such other and further relief as
may be equitable but no personal judg-
ment for any sum of money is asked
against any defendant.
For further particulars you are re-
ferred to the petition now on file.
Now unless you appear and make de-
Tense thereto at or before noon of the
second day Of the next September term
Of the District Court of Iowa in and
| for Marshall County to be begun and
held at the court house in Marshalltown,
Iowa, on the 4th day of September
1916, your default will be entered and
judgment and decree rendered there
on as prayed in said petition.
Done at Marshalltown, Iowa, this 25th
day Of July, 1916.
E. L. BUNTING, Plaintiff.
n 10