'Original Notice' William Winslow ..... Work surname ~ Iowa
The Chariton Leader, Chariton, Iowa
Thursday, February 8, 1906
'ORIGINAL NOTICE'
In the district court of Iowa in and for Lucas county.
WILLIAM WINSLOW, Senior, Plaintiff vs. ELIZABETH JAMES, --- JAMES, her husband, CURTIS H. JAMES, --- JAMES his wife, CALEB JAMES and --- JAMES his wife, JULIA JAMES, DORCAS JAMES, CAROLINE CULBERTSON and EDWIN CULBERTSON, ELIZABETH M.J. MUSSELLMAN and DARIUS MUSSELLMAN, ROBERT JAMES and --- JAMES his wife, and the unknown heirs of CALEB JAMES, Senior deceased, MILTON HILLING and --- HILLING his wife, JAMES SUTFIN, JOHN H. SUTFIN, J.P. SHAFER and --- SHAFER his wife, AARON BRYAM and AMANDA J. BRYAM, MR. MARION VANNOY, HUGHES, DAVIS & COMPANY, THOMAS DAVIS AND --- DAVIS, SOLON C. BRAMWELL and --- BRAMWELL his wife, --- DAVIS and --- DAVIS his wife, and --- HUGHES and --- HUGHES his wife, JOSHUA W. HUGHES, S.H. RICE, ELIA WHITE, MARY E. HUNT, MARY E. SUMMERS, ELIJAH SUMMERS, JAMES SUMMERS, --- SUMMERS his wife, WILLIAM H. SUMMERS and --- SUMMERS, his wife, MARY J. SUMMERS and ---her husband, MARTIN H. SUMMERS and --- SUMMERS his wife, S.J. WORK and ---WORK his wife, REBECCA M. SMITH, ELIZABETH BERKEY and WILLIAM M. BERKEY, husband, and R.M. HUNT, C.E. and THOMAS E. STURGEON, their heirs, their unknown heirs; and all persons claiming by, through or under them defendants and the unknown claimants of all of the above named defendants to the southeast quarter of the southwest quarter of section thirty, and the northeast quarter of the northwest quarter and the northwest quarter of the northeast quarter of section thirty-one, all in township seventy-two north, range twenty-three west of the 5th, P.M. Lucas County, Iowa. Defendants.
To the foregoing named defendants and each of them named in the foregoing caption and to each one named in the body of this notice.
You are hereby notified that there is now on file in the office of the clerk of the district court of Lucas County, Iowa, a petition of the WILLIAM WINSLOW, Senior, claiming of you the quieting of the title of the southeast quarter of the southwest quarter, section thirty, and the northeast quarter of the northwest quarter, and the northwest quarter of the northeast quarter, section thirty-one, township seventy-two, range twenty-three, Lucas County, Iowa, for the following reasons towit:
That the said plaintiff is the absolute owner of said land and that he cannot find the addresses or whereabouts of any of said defendants, their heirs or the unknown defendants and that as to the southeast quarter of the southwest quarter, the defendants claim that a deed made on the 29th day of January, 1858, of said lands to one MILTON HILLING, see book "D" page 424. Lucas County records, for the reason that the wife of CURTIS H. JAMES did not join them in said deed or that said CURTIS H. and CALEB JAMES was married or single and that JULIA and DORCAS JAMES have never parted with the title to said lands, and that it does not show that EDWIN and CAROLINE CULBERTSON, DARIUS and ELIZABETH M.J. MUSSELLMAN were husbands and wives at the date thereof or whether ROBERT JAMES was married or single at the date of said deed or that the said ELIZABETH JAMES was married or single at the date thereof, plaintiff states that ELIZABETH JAMES, CURTIS H. CALEB, JULIA, DORCAS, CAROLINE CULBERTSON, EDWIN CULBERTSON, ELIZABETH M.J. and DARIUS MUSSELLMAN, ROBERT JAMES, JOSEPH and MARY ANN JEWETT, LORENZO and CATHARINE M. JAMES were all the children and heirs at law of CALEB JAMES who died intestate before the date of said deed.
And that MILTON HILLING when he conveyed said lands who was one of plaintiff's grantors on March 3, 1858, to one ELIZABETH BERKEY was a single person competent to convey and that defendant, ELIZABETH BERKEY, who was one of plaintiff's grantors last above stated or her heirs has never parted to the title to said land, the plaintiff says that their claims were cut out by a deed made by the sheriff of Lucas County to said lands to JAMES SUTFIN, November 7, 1859, and that said SUTFIN has never parted with the title to said lands but plaintiff says that he made a deed to one J.P. SHAFER and wife to said lands between November 3, 1859, and Nov. 8, 1864, and that said deed was lost and never recorded.
And that the defendants, AARON and AMANDA J. BRYAM conveyed said land on the 28th day of February, 1870, to one MARION VANNOY and it does not appear that they were husband and wife at the time but plaintiff says they were and competent to convey and that said defendant, MARION VANNOY, to whom said land was conveyed on the 28th day of February, 1870, has never parted with the title thereto neither he nor his heirs, plaintiff says that said title was quited in Lucas County when its treasurer conveyed the same for non payment of taxes on the 6th day of November, 1874, to one T.E. STURGEON, one of plaintiff's grantors.
And that T.E. STURGEON conveyed the said land on the 8th day of September, 1880 to (?) defendant's grantors, ISAAC D. HAINES and SOLOMON H. SHROVER as THOMAS E. STURGEON and that the said THOMAS E. and the said T.E. STURGEON was at the time one and the same person.
Plaintiff further states as to the northwest quarter of the northeast quarter of section thirty-one of the above lands that defendants, HUGHES, DAVIS & COMPANY, became the grantee of this land from A.H. PICKERING, Oct. 26, 1857, and on the 8th day of June, 1859, defendants, THOMAS DAVIS and wife and SOLON C. BRAMWELL and wife conveyed said land to JOSHUA W. HUGHES but there is nothing to show that said DAVIS, BRAMWELL and HUGHES constituted the entire form of said HUGHES, DAVIS & COMPANY but plaintiff says that said grantors and said grantee HUGHES did constitute said firm of HUGHES, DAVIS & COMPANY and their entire interest was conveyed by said HUGHES on the 15th day of May, 1876, to ELLA BAYLISS, one of plaintiff's grantors. That the defendants, S. H. RICE, when he conveyed said land on December 20, 1880, did not state whether he was a single or married man, but plaintiff says he was a single man and competent to convey said land on said date to one CHARLES ZOFFKA.
That as to the northeast quarter of the northwest quarter of section thirty-one of the above described lands that defendant, ELIAS WHITE, when he conveyed said lands to one R.P. WINEGAR on the 15th day of March, 1856, did not state whether he was a single or married person but plaintiff says that he was single at the time and competent to convey.
Plaintiff further states that the defendant, ELIJAH SUMMERS, became the grantee of said land from THOMAS E. HURSEY, 3lst day of March, 1860, and died intestate owning the same and it does not appear that his wife, MARY E. SUMMERS, JAMES, WILLIAM H., MARY J., and MARTIN B. SUMMERS were his only children and heirs at law, but plaintiff said they were, that it afterwards appears that MARY E. SUMMERS afterward intermarried with one HUNT and that she afterward procured an order of court and conveyed the same by deed of said lands to one ASA N. CALLAHAN on February 27, 1867, and signed the same personally and that her husband did not join her therein and that no guardian ad litem was ever appointed for the children, and that said acknowledgement was taken by one A.M. HOOD, a supposed Justice of the Peace. Plaintiff says that the right and title of said MARY E. and --- HUNT, her husband, JAMES, WILLIAM H., MARY J. and MARTIN B. SUMMERS, they being the sole heirs of the said ELIJAH SUMMERS that their right and title thereto are barred by the statutes of limitation having run for more than thirty years.
That the defendant ORESTUS LATHROP, to whom was conveyed said land June 20, 1877 by one ASA N. CALLAHAN except by quiet title proceedings and decree signed Aug. 8, 1891 and that the said proceedings to quiet title was irregular and void. Plaintiff says that in quieting the title in said LATHROP his known and unknown heirs are hereby forever barred by the statute of limitations, plaintiff further says that it appears that a mortgage given to A.N. CALLAHAN as shown in Book "H" page 243, mortgage records of Lucas County on July 20, 1877 and assigned to S.J. WORK re-assigned to one J.A. BROWN and claimed and re-assigned by one REBECCA M. SMITH, all defendants, the foreclosure of the same is barred by the statutes of limitations for the reason that the same is paid and asking the court to have the same duly cancelled.
The plaintiff further prays the court that his title to the said above described land be fully quieted in him against the right, title and interest of all the defendants, their heirs and unknown heirs, unknown defendants and claimants, the names of whom are contained in the caption and in the body of this notice, that unless you appear and defend on or before noon of the second day of the next term of the district court to be begun and holden at Chariton, Iowa, on the 19th day of March, 1906, default will be entered against you and judgment rendered thereon.
-- WILL R. BARGER
Attorney for Plaintiff.
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Copied by Nancee(McMurtrey)Seifert
September 25, 2004
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