Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1920-03-11
ORIGINAL NOTICE

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, vendees, 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-
tiyes 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 of lot II; 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 I'M
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 gre 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 IT. Zoo
OF an real estate .ereln before de-
scrapeo leaving az HIS widow and on
~ mel neirs a rlw the following to-wit:
49,. ms widow, Jane M!iiiman and his
-adren 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
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 a resident of Audubon county. on
or about the month Of April, 1919,
leaving as her only heirs at law her
children said plaintiffs William H.
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 Fl.
Milliman. George Milliman. Charles
N Nillimpn and Fdoar Millirnan and
said defendant Jessie Milliman are
each the absolute owner thereof and
entitled to in fee simple of an undi-
vided 1-5th interest in and to all OF
said real estate: that said plaintiffs
ard said defendant Jessie Milliman
md their PARENTS BRYANT Milliman
and Jane Nilliman from whom thew
title to said real estate have
been IN fall. omen. comnlete. adverse,
actual notorious visible and contin-l
nous possesion cf all of said real es-
tate for more than sivtv wears last
mast under claim of right and color
of title and said parties are now in
If said nramises; That
plaintiffs are Informed and believe
that said defendants other than
Jessie Milliman have or claim to
have some interest in said real estate
adverse to the plaintiffs ard said de-
PENDANT Jessie Milliman hut plaintiffs
allege and charge the facts TO he
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-
fendants other than Anna Weaver.
Edwin Delaboyde. 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
his 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-
.ablished. confirmed and quieted in
hem as herein alleged and as against
any and all of said defendants, other
than Jessie Milliman and that each
md all of them be forever enioined,
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
,aid defendant Jessie Milliman.
That said land be partitioned and
4 the same cannot he eduitably d.
vided that Il be sold and the proceeds
divided and for such other and furth-
err relief az the court NAV deem
in the premises. That un-
less you appear thereto and defend
Or or before noon OF the second day
)f the newt term of court. being the
April, 1920, term thereof which con-
venes at the court house in Audubon,
Audubon county, Iowa. on April goth
1920, default will be entered against
you and judgment rendered thereon
according to law.
nated this 5th day OF March,
1920.
GRAHAM & GRAHAM.
Attorneys for Plaintiffs.