Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1920-04-01
ORIGINAL NOTICE
April Term. 1920

William H. Milliman, George
Milliman, Charles N. Milliman,
Ionic Milliman, Edgar Milliman,
Mrs. Edgar Milliman, Plaintiffs,
VS.
Jessie Milliman, Anna Weav-
er, Edwin Delahoyde, admins
traitor of the estate Of Bryant
Milliman; Edwin Delahoyde,
Cashier: German Savings Bank
of Davenport, Iowa, now known
as the American Commercial &
Savings Bank of Davenport,
Iowa; Hiram Mason, Mrs. Hiram
Mason, the wife of said Hiram
Mason, whose full and true
name is unknown; and the
wives, husbands, heirs, de-
visees, yendees, assignees, legal
representatives and unknown
heirs of the defendants, Hiram
Mason and Mrs. Hiram Mason
named herein; and the wives,
husbands, heirs, devisees, VEN
dees, assignees, legalrepresenta-
tives of said unknown heirs and
unnamed defendants: the un-
known claimants of the follow
ing described real estate situat-
ed in Audubon county to-wit:
Lot 3 of lot IT; lot of lot IS
and lot OF lot 10 all in section
4, township rs, N. range 35 w.
5th p. m, and the wives, hus-
bands, heirs, devisees, vendees,
assignees and legal representa-
tives of said unknown claim
ants, and all persons claiming
any interest, right or title in or
to said real estate or to any
part thereof, by, through or un-
der the said defendant, or any
of them, or of any Of the un-
known claimants of said real es-
tate or of any party thereof and
each of them defendants.
To the above named defendants
and each of them:
You and each of you are hereby
notified that there is now on file the
petition of plaintiffs in the office OF
the clerk of the District Court in and
for Audubon county, Iowa in which
plaintiffs claim that one Bryant Mill
man died intestate, resident OF Au-
dubon county, Iowa on or about the
LIST day OF August, 1913 seized in fee
OF all real estate herein before, de-
scribed leaving as his widow and on
ly heirs at law the following to-wit:
His widow, Jane Milliman and his
children and only heirs at law said
plaintiffs William H. Milliman
Charles N. Milliman, George Mill.
man, Edgar Milliman and said de.
PENDANT Jessie Milliman: That at the
death of said Bryant Milliman his
widow Jane Milliman became the alb
solute owner of and entitled to In
fee simple of an undivided 1-3 inter
est in all said real estate and said
plaintiffs William H. Milliman,
George Milliman, Edgar Milliman
and Charles N. Milliman and said de-
PENDANT Jessie Milliman each became
the owners of and entitled to in fee
simple of an undivided 2-15 interest
in all of said real estate; that said
Jane Mililman who was the widow of
said Bryant Milliman died intestate
and resident of Audubon county, on
or about the month Of April, 1919,
leaving as her only heirs at law her
children said plaintiffs William n.
Milliman, George Milliman, Charles
N Mililman and Edgar Milliman and
said defendant Jessie Milliman who
each at the death of said Jane Mill
man became the owners OF and entitl-
ed to in fee simple of an undivided
lis interest in all of said real es-
tate by descent from said Jane Mill
man; that said plaintiffs William III.
Milliman, George Milliman, Charles
N. Milliman and Edgar Milliman and
said defendant Jessie Milliman are
each the absolute owner thereof and
entitled to in fee simple OF an undi-
vided 18th interest in and to all OF
said real estate; that said plaintiffs
and said defendant Jessie Milliman
and their parents Bryant Milliman
and Jane Milliman from whom they
obtained title to said real estate have
been in full, open, complete, adverse,
actual, notorious. visible and contin-
uous possession of all of said real es-
tate for more than sixty years last
past under claim of right and color
of title and said parties are now in
possession of said premises; That
plaintiffs are informed and believe
that said defendants other than
Jessie Milllman have or claim to
have some interest in said real estate
adverse to the plaintiffs and said de-
PENDANT Jessie Milliman but plaintiffs
allege and charge the facts to be
that whatever interest said defend
ants other than Jessie Milliman have
are junior and inferior to plaintiffs
claim and the claim Of defendant
Jessie Milliman.
That the residences Of said de-
PENDANTS other than Anna Weaver,
Edwin Delahoyde, administrator, Ed
win Delahoyde, cahsier, and German
Savings Bank of Davenport, Iowa,
now known as the American Trust &
Savings Bank, are unknown to
plaintiffs and service Of the original
notice cannot be made upon them in
this state and plaintiffs pray that
the title to said real estate and re-
spective shares in said plaintiffs and
said defendant Jessie Milliman be es-
tablished, confirmed and quieted in
them as herein alleged and as against
any and all OF said defendants, other
than Jessie Milliman and that each
and all of them be forever enjoined,
barred, estopped from having or
claiming any right, title or interest
in and to said real estate or any
part thereof adverse to plaintiffs and
said defendant Jessie Milliman.
That said land be partitioned and
II the same cannot be- equitably d.
yided that 1t be sold and the proceeds
divided and for such other and furth-
er relief as the court may deem
equitable in the premises. That un,
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