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Anderson vs. Ballard Heirs

Leon Reporter
Leon, Decatur County, Iowa
Thursday, July 19, 1900

ORIGINAL NOTICE

In the District Court of Iowa, in and for Decatur County, August Term, 1900.

JOHN B. ANDERSON, plaintiff,
     vs.
The Unknown Heirs of JOHN BALLARD, deceased, HANNAH BALLARD, and the Unknown Heirs of HANNAH BALLARD, defendants.

To the Above-named Defendants, unknown Claimants of the South-west Quarter of the South-east Quarter of Section Seven, Township Sixty-seven, Range Twenty-seven, Decatur County, Iowa:

You and each of you are hereby notified that there is now on file in the office of the Clerk of the District Court of Decatur County, Iowa, the petition of JOHN B. ANDERSON, plaintiff herein, claiming to be the absolute and unqualified owner by purchase of the South-west Quarter of the South-east Quarter of Section Seven (7), Township Sixty-seven (67) Range Twenty-seven (27) West in Decatur County, Iowa, and that said plaintiff and his grantors have been in the quiet, peaceable and uninterrupted possession of said premises under color of title and claim of right for more than forty years last past; that said land was patended by one JOSEPH A. HUNT, and by the said JOSEPH A. HUNT deeded to one JOHN BALLARD, husband of HANNAH BALLARD and the father of the unknown heirs of JOHN BALLARD, herein referred to; that the said JOHN BALLARD sold said premises by bond or contract to one JOHN RIDDLE sometime during the latter part of the year 1856 or fore part of the year 1857, and that the said JOHN RIDDLE fully paid the said JOHN BALLARD for said premises; that the said JOHN BALLARD referred to herein died some four or five years after said sale to the said JOHN RIDDLE, and that the estate of the said JOHN BALLARD has been fully settled by this Court; that HANNAH BALLARD is the widow of the said JOHN BALLARD, deceased; that as to whether or not the said HANNAH BALLARD is living plaintiff is not able to state, but if the said HANNAH BALLARD is still living she is a non-resident of the state of Iowa; and that personal service can not be made upon her in this state; that the defendants, the unknown heirs of JOHN BALLARD, HANNAH BALLARD and the unknown heirs of HANNAH BALLARD make some claim to said premises adverse to plaintiff; that the interest that said defendants, if any they claim, is derived by law as the widow and children and heirs at law of the said JOHN BALLARD, deceased, and HANNAH BALLARD his widow; that said premises were sold by the said JOHN BALLARD and fully paid for; that the names and residences of the heirs of JOHN BALLARD deceased, and HANNAH BALLARD and the unknown heirs of HANNAH BALLARD are unknown to this plaintiff and that plaintiff has sought diligently to learn the same. Plaintiff prays that his estate in and to said premises, to-wit: the South-west Quarter of the South-east Quarter of Section Seven (7), Township Sixty-Seven (67), Range Twenty-seven (27), in Decatur County, Iowa, be established; that the defendants, to wit: the unknown heirs of JOHN BALLARD, HANNAH BALLARD, and the unknown heirs of HANNAH BALLARD be forever barred and estopped from having or claiming any right, title or interest in and to said premises adverse to plaintiff; that the title to said premises be quieted in plaintiff; as against defendants and each and all of them or any one claiming by, through or under them; that the Court make an order for publication of notice of the pendency of this action, as by law in such cases made and provided, and for general equitable relief.

You are further notified that unless you appear thereto and defend on or before noon of the second day of the August Term, 1900, of said Court, which commences on the 27th day of August, 1900, at the Court House in Leon, Iowa, default will be entered against you and decree rendered thereon.

V.R. MCGINNIS,
Attorney for Plaintiff.

Leon Reporter
Leon, Decatur County, Iowa
Thursday, September 6, 1900

LAW and EQUITY:

JOHN B. ANDERSON vs. unknown heirs of JOHN BALLARD, et al., decree quieting title.

Copied by Nancee(McMurtrey)Seifert
"With permission from the Leon Journal Reporter"
December 6, 2002