Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1919-01-15
ORIGINAL NOTICE.

| ANoLs0EI.
In Dfssrict Court of Iowa, in and fol
Winneshiek County:
Joseph F. Spalla, Plaintiff.
| s.. VS..
John j. Spalla Jr.. Elenora
Spalla, wife Of John j. SpaIla
Jr.; Anna Spalla, wife of JOS
eph F. Spalla, plaintiff; Frank
J. Spalla; Barbara Spalla, wife
OF Frank J. Spalla; Charles
Spalla; Rosie Spalla, wife of
Charles Spalla; Mary Krysan,
nee Spalla; Wenzel Krysan,
husband of Mary Krysan:
Christina Rothmeyer, nee Spal-
la; Henry j. Rothmeyer, hus-
band Of said Christina Roth
meyer; Fl. j. Giesen; Mrs. Fl. j.
Giesen, wife of H. J. Giesen;
Henry j. Rothmeyer, admins
traitor of the estate of John
Spalla, deceased intestate; Mary
Spalla, widow of said John
Spalla, deceased, Defendants.
To the above named defendants and
each of them:
You are hereby notified that there
is now on file in the office of the
Clerk OF District Court of Winne-'
shiek County, Iowa, the Petition in
Equity of the above named plaintiff
Joseph F.. Spalla, claiming that John
Spalla died intestate February 2,
1917, the owner in fee of the following
described real estate: Southeast
quarter of southwest quarter of
Section 81 Township 9S North of
Range 9 West of the 5th P. NJ. and
Lots numbered l and in Block 10
in the village of Conover, all in Win
neshiek County, Iowa, leaving a
widow; the defendant Mary Spalla,
and six children and heirs at law
Joseph Spalla, the plaintiff; John J.
Spalla Jr.; Frank ]. Spalla; Charles
Spalla, Mary Krysan, nee Spalla;
Christina Rothmeyer. nee Spalla;
That theisaid defendant Mary Spalla,
widow is entitled to an undivided
One-third of all said real estate.
Each OF the said six children and
heirs except Charles Spalla and his
wife Rosie, Of the said John Spalla
named above, are entitled to an I'M
divided one-sixth of two-thirds of
said real estate which can not be
equitably partitioned and in addition
thereto said Mary Krysan, nee Spal-
la, and Christina Rothmeyer, nee
Spalia, are the owners of the share
of the said Charles Spalla i
Plaintiff asks that the shares of
each of said parties above named in
and to said real estate be confirmed
and that said land be sold at public
or private sale; that plaintiff have
judgement for costs and attorneys
fees; that the defendant II. j. Giesen
and Mrs. II. j. Giesen, his wife, have
some claim or interest in and to
Lots One Cd and Two (2) in Block
Ten (10) in the village of Conover,
all in Winneshiek County, Iowa, but
the same is junior and inferior to the
rights Of the other defendants above
named and to the rights OF this
plaintiff; that the defendant II. j.
Rothmeyer is the administrator of
the estate of John Spalla, deceased,
who died intestate; that the defend
ant Elenora Spalla is the wife of
John j. Spalla Jr. and that Barbara
Spalla is the wife of Frank j. Spal-
Ia; that Anna Spalla is the wife of
Joseph f. Spalla, plaintiff tna
Rosie Spalla is the wife of Charles
Spalla; that Wenzel Krysan is the
husband Of Mary Krysan, nee Spal-
la; that Henry J. Rothmeyer is the
husband of the defendant Christina
ERothmeyer, nee Spalla.
NOW THEREFORE, Unless you
appear thereto and defend on or be-
fore noon of the second day of the
next term of the said District Court
TO be held at DEBORAH, Iowa, CONF
|mencing Monday the 3rd day of
February, 1919, default will be
entered and judgement rendered
against you in accordance with the
prayer OF said petition.
Dated December 5th, 1918.
E. r. ACRES, Attorney for Plaintiff.
52-4w.