Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1918-01-04
ORIGINAL Notice.

In the district court Of the state OF
Iowa, in and for Marshall county.
March term. 1918.
Catherine Byrnes and P. B. Byrnes.
4 her husband; John Kearns: Frank
Kearns and Julia Kearns, his wife;
William Kearns; Rose Kearns;
I James Kearns. and Mrs. James
..lgeafns. l1ia wife. Elizabeth
Kearns; John Kearns. (son Of Ed
ward Kearns, & deceased); Eugene
Kearns; Mrs. Mary Clark (mother Of
4 Charles Kearns. deceased) and
Thomas Clark, her husband; Gather
( Inc Kearns- Wedgewood and Ben
jamin Wedgewood, her husband
Z plaintiffs VS.. Barney Kearne, Frank
Kearns and George Kearns. (sons OF
barney kearns. deceased);
Kearns. wife OF Barney Kearns;
Kearns. wife of Frank Kearns;
- Kearns. wife Of George
Kearns: Anna Kearns (widow Of
= Barney Kearns. deceased); Rose Nc
Mullen and James McMullen. her
husband; and unknown heirs at law.
lOfS legal age and also under any
\ legal Disability Of John j. Mariner.
deceased; also the unknown wives
and husbands OF said unknown heirs
3 .at~law Of John ]. Mariner, deceased,
defendants.
To the above named defendants, to-
wit: Barney Kearns, Frank Kearns
and George Kearns, (sons Of Bar
ney Kearns. deceaseO - Kearns.
wife of Barney Kearns: -Kearns.
~
Kearns. wife Of George Kearns An
no Kearns. (widow Of Barney
/, Kearns, deceased: Rose McMullen
! and James McMullen. her husband;
and unknown heirs at law, (of legal
age and also under legal disability
Of John J. Mariner. deceased; also
the unknown wives and husbands Of
said unknown heirs at law Of John J.
Mariner, deceased.
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
Marshall county, the verified petition
or plaintiffs claiming Of YOU that there
be established a partition setting forth
the shares and interests and ownership
In and to lot three (3) in block two (2)
in Binford & Webster's addition to the
town OF Marshall, MARSHALL county.
iowa. That said real property be par
titioncd among the eeveral owners as
heirs at law Of John j. Mariner, de-
ceased, and his wife Ann Marrinen, de-
ceased, and that II said property is
incapable of being divided without Sc
rious depreciation then let same be
sold at private sale and the proceeds
divided as provided by law.
That the costs and expenses incfud-
ing the attorney fees of said action be
distributed pro rata upon said shares;
also for such other and further relief
as may be just and equitable. Refer
ence Is made TO original petition now
on Ale. No personal Judgment is asked
agplnst any OF the defendants.
Now unless you appear and make
defense thereto at or before noon OF
the second day OF the next March
term, 1918, OF said court to be begun
and held at Marshalltown. Marshall
county, Iowa, on the 18th day. OF March.
A. D., 1918. your default will be en-
tered and q Judgment and decree for
partition entered thereon. as prayed for
in said petition. b
Dated this 18th day OF December,
AID. 1917.
Catherine Byrnes. p. b. Byrnes. John
Kearns. Frank Kearns. Julia Kearns,
William Kearns. Rose Kearns. James
Kearns, Mrs. James Kearns. Elizabeth
Kearns, John Kearns (son Of Edward
Ks&rns, decessed), Eugene Kearns.
Mrs. Mary Clark (mother OF Charles
Kearfe. daceaaedl. Thomas Clark.
Catherine Kearns-W edgwood, Benja-
min Wedgwood, plaintiffs.
( ~ FRANK n. 1iAfADoN N