Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1918-04-10
ORIGINAL NOTICE.

ORIGINAL NOTICE.
In the District Court, Delaware
County, Iowa, May Term, 1918.
Nancy o. Smell, Mary A. Seller, Alice
L. Jones, and Cordeila A. Nicolls,
Plaintiffs,
vs..
The Unknown Claimants of the
Northwest quarter of the Southwest
quarter of Section Seventeen az,
Township Eighty-eight (sS) North,
Range Four az West Of the Fifth
P. M, Charlotte w. Hobbs,
Hobbs her husband, Charles w.
Hobbs, Mary e. Hobbs, Philinda s.
Hobbs, CASTOR J. Dumas, Mrs. Cas-
ton J. Dumas, Charles F. Hobbs,
Mrs. Charles F. Hobbs, Morris T.
Heath, Mrs. Morris T. Heath, Alice
M. Heath, the unknown heirs at
law, devisees, spouses, personal
representatives, judgment credit
Ors, grantees, successors in in
terest, and claimants against the
estates of each and every one OF
the defendants named or referred
to herein, and Sherman H. Smell,
Edward S. Smell, Mrs. Sherman H.
Smell, Mrs. Edward S. Smell, Will
liam G. Seller, Danl F. Jones and
Edward e. Nicolls, Defendants.
To the above defendants and each
of them:
You are hereby notified that there
is now on file in the Office of the
Clerk of the District Court of Iowa,
in and for Delaware County, the pc
tition of the plaintiffs, alleging that
said plaintiffs, and the defendants
Sherman NJ. Smell and Edward S.
Smell are the absolute and unquali-
fled owners in fee simple of the North
west quarter of the Southwest quar-
ter of Section Seventeen (17), Town
ship lightweight 1881 North, Range
Four (4) West of the Fifth P. NJ, as
the surviving widow and all and the
only heirs at law Of John Smell, de-
ceased, and that the said plaintiffs,
and the defendants Sherman H. Smell
and Edward S. Smell, with their pre-
decessor in title John Smell, deceased,
have been in the adverse possession
of said real estate for more than ten
years, last past under color of title
and claim of right, as owners there
of, and that said possession has been
continuous, open, actual exclusive,
notorious, and at all times adverse
and hostile to the defendants and
each of them, other than those named
herein as owners, and to the world;
And that said defendants are barred
and forever estopped from having or
claiming any right, title or interest
in said premises adverse to the
plaintiffs or defendants named as
owners thereof herein.
And further alleging that the plain
tiff Nancy o. Smell is the owner OF
an undivided one-third interest in
said real estate, and that the plain
tiffs, Mary A. Seller, Alice L. Jones
and Cordeila A. Nicolls, and the de-
PENDANTS Sherman H. Smell and Ed
ward S. Smell, are each the owners
Of an undivided two-fifteenths inter-
est in said real estate, and that said
owners of said land are unable to
agree upon division thereof, and
hat the same cannot be divided into
equal aliquot parts.
Plaintiffs pray that the title to said |
and be established and quieted in said
plaintiffs, and the defendants named
n said petition as owners thereof. and
hat all defendants, other than those
famed in said petition as owners
hereof, and that all defendants, 9TH
n than those named therein as own
rs thereof, be barred and forever es-
opped from having or claiming any
light, title or interest in said premis-
IS, adverse to said plaintiffs, and de-
endants named as owners thereof,
nd that interests and shares of said
Plaintiffs and defendants named as
wners thereof, be confirmed, and es-
ablished as set out in said petition,