Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1918-10-30
ORIGINAL NOTICE.

In the District Court of Iowa, in and
for Delaware County, December Term
A. ID. 1918.
James H. Livingston, Laura Arnold
Angie Paul, Kate Livingston, Ed
ward Livingston, Sarah Putnam
Louisa Holcomb, Alice Darling A. B.
Livingston, John Matheson, Clara
Heath, Ada Lively, Fred Matheson,
Jennie Quigley, Adelbert Matheson,
Amy Matheson, Frances Matheson,
Henry Matheson, Charles Matheson,
Jennie Lynchard Plaintiffs,
vs..
LenoX College, a corporation, Lenox
College, Trustee; Hugh Livingston,
Executor of the last will of Archi-
bald Livingston, deceased; City Of
Monticello Iowa, a corporation; H.
M. Carpenter, William Stuhler and
M. w. Herrick as Trustees; H. M.
Carpenter Robert J. Stirton, and
Hugh Livingston, as Trustees, Ar
chibald Livingston, Euphema Living
ston, Roderick Livingston Gladys
Swift, Edna Swift, Stanley Swift,
Esther Swift, Mrs. Sarah Bort, Emma
Main, William Matheson, Maude
Matheson, Nellie Livingston, and the
Unknown Claimants of the Southwest
quarter G-4), and the West half (1-2)
of the Southeast quarter (1-4) of Sec
Eighty-seven (S7), North, Range
Three .(3), West of the Fifth P. M.
Defendants
To Said Defendants:
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,
in and for Delaware County, a petition
of James H. Livingston, Laura Arnold,
Angie Paul, Kate Livingston, Edward
r til, c. I. n,,& too I11
comb, Alice Darling, A. B. Livingston,
John Matheson, Clara Heath, Ada Live
ly. Fred Matheson, Jennie Quigley,
Adelbert Matheson, Amy Matheson,
Frances Matheson, Henry Matheson,
Charles Matheson, Jennie Lynchard,
claiming that the city of Monticello
never became vested with any right,
title or interest in or to any part of
the real or personal estate of Archi-
bald Livingston, deceased; that the
Trustees named in the will of said
Archibald Livingston, to-wit: Il, NJ.
Carpenter, William Stuhler, M. w.
Herrick, Robert J. Stirton and Hugh
have no right. title or in
terest as Trustees, individuals or other
wise in or to any part Of the real or
estate Of Archibald Living
ston, deceased; that the defendant
Lenox College never. became vested
with any right, title or interest in or
to any part Of the real or personal es-
tate of Archibald Livingston, deceased,
because of it's failure to comply with
the conditions named in the will of the
decedent. Plaintiffs further ask that
they be decreed to be vested with the
title and ownership of the undivided
interests set opposite their names re-
spectively in all Of said real and per-
hainp
described as the Southwest quarter
G-4), and the West half (1-2) of the
Southeast quarter do Of Section
Thirty-two 1922, Township Eighty
seven (87), North, Range Three CD,
West of the Fifth P. M; Sarah Put
nam lao, James H. Livingston lao,
Louisa Holcomb LAO, Alice Darling
lao, Laura Arnold lao, A. B. Living
ston lao, John Matheson 1-16, Henry
Matheson 1-16 Clara Heath 1-160,s Ada
Lively 1850, Fred Matheson 1-16O,
Jennie Quigley 1-16o, Adelbert Mathe-
son 1-160, Amy Matheson 1-160, Frances
Matheson 1-16O, Jennie Lynchard Is,
Mrs. Angie Paul lip, Kate Livingston
liz, Edward Livingston LIP, and that
their title and estate therein be estab-
lished and confirmed to the real es-
tate herein described and to the person.
al estate in the hands of Hugh Living
ston, Executor of said will as against
the adverse claims of any of said de-
PENDANTS and ask that the said de-
fendents including the unknown de-
PENDANTS and the unknown claimants
Of said premises be barred and forever
estopped from having~or claiming any
interest therein, adverse to the plain
tiffs: and they further ask that the de-
PENDANT Hugh Livingston. as Executor,
be enjoined and restrained from paying
over to Lenox College or any of the de-
PENDANTS or any others, except the
plaintiffs, the personal estate in his
hands belonging to said estate. Plain
tiffs also ask to be placed in possess
ion of all said property and for general
equitable relief. For further particu-
lars you are referred to the petition
on file herein.
And that unless you appear thereto
and defend on or before noon of the
second day of the December Term,
1918, of said Court, which will com
mence and be held at Manchester, in
said County, on Monday, the End day of
December A. d. 1918. default will be
entered against you and judgment and
decree rendered thereon.
Dated this 30th day of October, 1918.
CARR & CARR,
EDWARDS, LONGLEY,
RANSIER & SMITH,
45w4. Attorneys for Plaintiffs.
ORIGINAL NOTICE.