Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-09-20
Original Notice.

To Margaret Bowman, Walter S.
Irwin and Violet Irwin, minor.
You are hereby notified that there
is now on file in the office of the
clerk of the District Court of the State
OF Iowa, within and for the County of
Marshall, the petition Of c. w. Dunn,
claiming of you that Pat Dunn died
intestate in Marshall County, Iowa, on
or about the LIST day Of October 1913.
That at the time of his death he was
The owner Of certain real property and
that after the making Of certain stip-
llations between the various heirs and
after certain orders, judgments and
DEGREES Of the court with relation to
his real property there became invest
ed in this plaintiff Julia A. Dunn,
Margaret Bowman and Mary Irwin
now deceased. the following described
real property situated in Marshall
County. Iowa, to-wit: - 4
-The Northwest quarter 81 the South
west Quarter (NW4 of SW4) Of Sec
ton Twenty-Five (22)
The Northeast quarter Of the South
east quarter (NE Of STE - OF Sec
tion Twenty-one CD
The Southwest quarter OF the North
west quarter. of Section Twenty two
(SW 4 Of NV ~ Of Section Twenty
two (22)
The Southwest quarter Of the North
east quarter (SW 4 Of NE ~ of Sec
ton Twenty one (21). All in Town
ship Eighty-five (S5) North, Range
Range Twenty (20) West Of the 5th p.
". Marshall County, Iowa
That since said date Mary Irwin
died intestate in Marshall County.
Iowa. leaving as the sole beneficiaries
under her will. her husband, Walter
s. Irwin. defendant herein, and her
minor daughter Violet Irwin, defend
ant herein. Plaintiff alleges that said
real property cannot be equitably di-
vided In kind and that because of the
minority of said Violet Irwin and her
disability to contract, no agreement
can be made and entered into regard
ing disposition and sale Of said pro-
perty, and that it is necessary that the
same be partitioned.
Plaintiff also alleges that in addi-
ticn to said above described tract Of
land there was certain % acre tract
tile remainder Of which is vested in the
parties to this action the same as the
above described real property, the
plaintiff is able to set forth being
THAT tract lying Immediately East
and adjoining the 80 acre tract of
land described as the East Half Of the
Southwest quarter Of Section 2 Town
ship IS North, Range 20 West of the
5th p. NJ Marshall County, Iowa,
which was owned by Pat -Dmn during
his lifetime and in which there has
been created a life estate in Vincent
Dunn.
That the same reasons exist for the
partition of said property and the
sale Of the remainder held to the par
ties in this suit, and it is alleged that
no partition in kind can be made OF
said property and that Il will be ne
cessary that the same be sold, and for
such purpose sole referee should be
appointed and that upon the sale
thereof, which should be ordered as q
private sale unless otherwise ordeged
by the Court the proceeds thereof
should be divided between the plaintiff
and defendants in accordance with
their respective interest and holdings
L
plaintiff, Julia A. Dunn and Margaret
Bowman being entitled to an undi-
vided, one fourth each in said real
property and Walter s.. Irwin and
Violet Irwin minor being entitled to
an undivided one eighth interest each
For further particulars you are re-
ferred to plaintiffs petition to be on
file as aforesaid.
oW unless you appear Nand make
defense thereto, at or before noon of
the second day Of the next October
term OF said Court to be begun and
ke,d eat MarshalHown, Iowa, on the
22nd day of October A. D. 1917, your
: default FAULT ..:!l he entered and decree
rendered thereon as prayed for in said
petition.
Dns ID this goth day Of September A
II. iS IL .3s s. s \: s
I. 8 c. w. Dunn, Plaintiff.
BY = p. Northup, his attorney.