Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1919-08-25
Original Notice.

community.
Original Notice.
In the district court of Iowa, in and
for Hamilton county.
Annie Garth. Ernest WEIGH, Alice
! Welch, lola May Welch, Florence S.
Draeger, Pearl Il. Draeger, Wallace L.
Welch, ]. N. Garth, Ed Garth, George
Garth, Mabel Gibbs, plaintiffs, VS.. Hell
EN- d. WEIGH, Marie Garth, John Swift
ger, John Zimbleman; Jr., and the UNI
known claimants of the Northwest
quarter of Section Thirteen, Township
50, Range %, Hamilton County, Iowa ;
and particularly all unknown claimants
having or making any claim to the
above described land or any part there
of. either as heir, devisee, assignee, sur
viving spouse or in any other capacity,
defendants
To the above named defendants and
the unknown claimants of the North
west quarter of Section -, Township
50, Range %, Hamilton County, Iowa ::
You and each of you are hereby noti-
fed that the petition of the plaintiffs
in the above entitled cause is now on
file in the office of the clerk of the dis
trict court of the state of Iowa, in and
for Hamilton county, asking and pray
ing that partition be made of the fol-
lowing described real estate situated in
Hamilton county, Iowa, to-wit:. The
Northwest quarter (NWA) Of Section
13, Township SO, Range 25, and asking
that Judgment be entered confirming
the shares of the parties interested
therein as set forth and alleged in the
petition of the plaintiffs, and that if
said premises cannot be equitably di-
vided, then that sale be- ordered and
a division of the proceeds thereof be
made among the parties plaintiff and
the defendants in interest according to
their respective shares as designated in
said petition: and that there be allowed
and taxed, as authorized by law, attOr-
ney fees for the attorneys of the plain
tiffs and abstract charges, and that the
same, together with other costs and OK
penses of this action be made a lien
upon the respective shares Of the par
ties in proportion to their said interest
in said premises and for costs of this
action: and for such other and further
relief as may be equitable in the pre-
misses as fully set forth in said petition
to which you and each Of you are re-
ferred.
The plaintiffs further state in said
petition that they and the defendants,
Helen ID. Welch and Marie Garth, are
the absolute owners in fee simple as
tenants in common of the above de-
scri.cd real estate; and the plaintiffs
further allege that the defendants,
John Switzer, John Zimbleman, Jr,
and the unknown claimants, make some
claim to the above described real es-
tate, but that said defendants and UNI
known claimants have no right, title
or interest in said real estate, either
law or equity. The plaintiffs further
allege that the names and residences
of the unknown claimants are unknown
to the plaintiffs and that the plaintiffs
have diligently sought to learn the
same.
The plaintiffs further state that they
and the defendants, Helen d. Welch and
Marie Garth, and those under whom
they claim title have been in the actual
open exclusive, notorious and adverse
possession of said real estate under
claim Of right and color of title for
more than ten years last past and that
the defendants, John Switzer, John
Zmbleman, Jr, and the unknown
claimants have no right or title in said
real estate.
And that unless you appear thereto
and defend on or before noon of the
second day of the next term, the same
being the September, 1919, term Of said
court. which will commence and be held
at the court house at Webster City.
Iowa, on the Doth day of September A.
| D., 1919, default will be entered against
you and Il Judgment and decree render
ed thereon as prayed for in said petit
ton.
Dated this 14th day of August, 1919.
Burnstedt 4 Hemingway,
Attorneys for Plaintiffs.
S-1Sf4