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ABSTRACT OF TITLE TO The West 1/2 of Lot 9 in the Auditor's Plat of Green Acres First Annex, being a part of the East 1/2 of the S.W.1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., situated in Davenport Township, Scott County, Iowa, plat of which is recorded in Misc. Book 11, at page 198 in the records of the Recorder's office of Scott County, Iowa; together with right-of-way over and across that tract of real estate designated as "Private Right of Way" and "Reserved for Right of Way" upon the Plats of Green Acres First Annex and Green Acres, for egress and ingress to Division Street Road. Prepared By PHELPS & VOLLERTSEN Davenport, Iowa Transcribed by Debbie Clough Gerischer
Click to enlarge photo No. 1. UNITED STATES OF AMERICA, ) ORIGINAL ENTRY. TO ) Dated: Aug. 14, 1848. ) O. E., page 32 GILBERT C. R. MITCHELL. ) Entry of the East 1/2 of S.W.1/4 & South 1/2 of S.E.1/4 of Section 10, Township 78 Range 3 East, in Scott County, Iowa, containing 160 acres. ~~~~~~~~~~~~~~~~~~~~~~~~ No.2. UNITED STATES OF AMERICA, ) CERTIFIED COPY OF PATENT. ) Dated: Aug. 17, 1849 TO ) Filed: Dec. 7, 1917 ) Rec'd: 71 Ld.D., 627. GILBERT C. R. MITCHELL. ) Conveys the East 1/2 of the S.W.1/4m and the South 1/2 of the S.E. 1/4 of Section 10 in Township 78 North, Range 3 East 5th M., in the District of Lands subject to sale at Iowa City, Iowa, containing 160 acres according to the survey thereof returned to the General Land Office by the Surveyor General. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 3. GILBERT C. R. MITCHELL ) WARRANTY DEED. (Signs & Acks. G. C. R.) ) Dated: Nov. 1, 1855 and ROSE A. MITCHELL, ) Ack'd: Nov. 24, 1855 his Wife, ) Filed: Nov. 24, 1855. ) Rec'd: "A" Ld.D., 300 To ) Cons.: $2150.00 ASAHEL H. BENNET and ) ALFRED WILLIS. ) Conveys the East 1/2 of the S.W.1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M., containing 80 acres, more or less. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 4. ALFRED WILLIS AND CHARLOTTE ) WARRANTY DEED. A. WILLIS, his wife, ) Dated: Apr. 4, 1856. ) Ack'd: Apr. 26, 1856 To ) Filed: June 7, 1856. ) Rec'd: "P" Ld.D., 395 ) Cons.: $1600.00 ASAHEL H. BENNETT. ) Conveys an undivided 1/2 of the East 1/2 of the S.W.1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M., containing 80 acres, more or less; meaning hereby to convey to said Bennett all the right and interest which we or either of us have to an undivided 1/2 of the 80 acres above described, situated in Scott County, Iowa, conveyed to said Bennett and Alfred Willis by dead from Gilbert C. R. Mitchell and Rose A. Mitchell, dated November 1, 1855, recorded in Book "A", page 300, in Scott County records. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 5. ASAHEL H. (Signs & Acks. ) WARRANTY DEED A. H.) BENNETT and ABBY ) Dated: Apr. 23, 1857 A. G. BENNETT, his Wife ) Ack'd: Apr. 23, 1857 ) Filed: Apr, 25, 1857 To ) Rec'd: "R" Ld.D., 115 ) Cons.: $2000.00 SAMUEL J. LYMAN. ) Conveys an undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M., containing 80 acres, more or less. ~~~~~~~~~~~~~~~~~~~~~~~~ No. 6 SAMUEL J. LYMAN and SARAH ) MORTGAGE L. LYMAN, his Wife, ) Dated: Apr. 11, 1860 ) Ack'd: Apr. 11, 1860 To ) Filed: Apr. 23, 1860 ) Rec'd: "S" Ld.M., 351 ALFRED WILLIS ) Mortgages an undivided 1/2 of real estate described as at preceding Item No. 5, and other real estate, to secure Alfred Willis against all loss he may be subjected to by reason of his signing a promissory note as surety for Samuel J. Lyman, which note is dated October 14, 1859 for the sum of $1000.00, payable on demand. Released on the margin of the record on January 26, 1864, by Alfred Willis. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 7 SAMUEL J. LYMAN and LIZZIE ) WARRANTY DEED T. LYMAN, HIS Wife, ) Dated: Aug. 4, 1870 ) Ack'd: Aug. 4, 1870 To ) Filed: Aug. 11, 1870 ) Rec'd: 41 Ld.D., 109 ) Cons.: $2000.00 JOHN CARLIN AND MICHAEL CARLIN ) Conveys an undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 8 JOHN CARLIN AND MICHAEL ) QUIT CLAIM DEED CARLIN (Marital status not given), ) Dated: Aug. 8, 1870 ) Ack'd: Aug. 11, 1870 ) Filed: Aug. 11, 1870 To ) Cons.: $1.00 ) JAMES CARLIN ) Quit claims all interest, claim or demand of grantors in and to the undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 9 JAMES CARLIN, ) MORTGAGE ) Dated: Aug. 8, 1870 To ) Ack'd: Aug. 11, 1870 ) Filed: Aug. 11, 1870 ) Rec'd: "Z" Ld.M., 476 SAMUEL J. LYMAN ) Mortgages an undivided 1/2 interest in and to the real estae described at preceding Item No. 8, to secure payment of $1333.33 in two installments, the last of which is due in two years from date, being part of the purchase money for said premises. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 10 SAM'L. J. (Signs & Acks. Samuel J.) LYMAN, ) RELEASE & SATISFACTION ) Dated: July 15, 1872 ) Ack'd: July 15, 1872 ) Filed: Nov. 9, 1872 To ) Rec'd: 32 Ld.M., 311 ) Cons.: Payment JAMES CARLIN ) Acknowledges fully paid and releases of record the mortgage dated August 8, 1870, executed by releasee herein and recorded in Book "Z: of Land Mortgages, at page 476, records of Scott County, Iowa. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 11 ASAHEL H. (Signs A. H.) ) MORTGAGE BENNETT and ABBY A. G. ) Dated: May 13, 1857 BENNETT, his Wife, ) Ack'd: May 29, 1857 ) Filed: June 1, 1857 To ) Rec'd: "L" Ld.M., 217 ) Cons.: $1000.00 ERASTUS SNOW ) Mortgages an undivied 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P. M., containing 80 acres, more or less. Executed to secure payment of $1000.00 on May 13, 1859, with interest at the rate of 12% per annum, according to the terms of promissory note. (Abstracters' note: There is no record of any assignment, renewal, or notice of renewal of said mortgage.) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 12 ASAHEL H. (Signs & Acks. A. H.) ) WARRANTY DEED BENNETT and ABBY ) Dated: Mar. 12, 1860 A. G. BENNETT, his Wife ) Ack'd: Mar. 12, 1860 ) Filed: Apr. 5, 1860 To ) Rec'd: "X" Ld.D., 392 ) Cons.: $1200.00 ERASTUS SNOW ) Conveys an undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P. M. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No 13 ERASTUS SNOW (Marital status not given), ) WARRANTY DEED ) Dated: Oct. 29, 1868 ) Ack'd" Oct. 29, 1868 To ) Filed: Nov. 3, 1868 ) Rec'd: 37 Ld.D., 639 ) Cons.: $500.00 L. MARIA SNOW ) Conveys an undivided 1/2 interest of and in the East 1/2 of the S. W. 1/4 Section 10 in Township 78 North, Range 3 East of the 5th P.M. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 14 L. MARIA SNOW, ) MORTGAGE ) Dated: Nov. 13, 1868 ) Ack'd: Nov. 14, 1868 To ) Filed: Nov. 17, 1868 ) Rec'd: "Z" Ld.M., 124 ) Cons.: $200.00 SARAH A. WATERMAN Mortgages the undivided 1/2 of the east 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M. Executed to secure payment of $200.00 on November 13, 1870. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 15 SARAH A. WATERMAN, ) RELEASE & SATISFACTION ) Dated: May 6, 1875 ) Ack'd: May 6, 1875 To ) Filed: May 6, 1875 ) Rec'd: "Y" T.L.M. 66 L. MARIA SNOW ) Acknowledges fully paid and releases of record the mortgage dated November 13, 1868, made and executed by releases herein to releasor, recorded in Book "Z" of Land Mortgages, at page 124, records of the Recorder's Office of Scott County, Iowa. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 16 L. MARIA SNOW ) MORTGAGE ) Dated: Aug. 1, 1869 ) Ack'd: Aug. 1, 1869 To ) Filed: Aug. 12, 1869 ) Rec'd: "Z" L.M., 280 A. H. BENNETT, Guardian of T. H. McGee ) Mortgages the undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Executed to secure payment of the sum of $700, payable on or before four years from date. Released on the margin of the record on August 12, 1874, by A. H. Bennett, Guardian of T. H. McGhee. ~~~~~~~~~~~~~~~~~~~~~~~~ In Probate Cause No. 332 in the Circuit Court of Scott County, Iowa, it appears that on February 12, 1864, it is ordered by said Court that A. H. Bennett be appointed as Guardian of the person and estate of Thomas H. McGhee, insane, and that said A. H. Bennett duly qualified, and that letters of guardianship were issued to him; and that said A. H. Bennett continued to so act as guardian until December 20, 1878. In the papers of said Probate Cause the said ward is frequently referred to as T. H. McGee. ~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 17 L. MARIA SNOW (marital status not mentioned), ) WARRANTY DEED ) Dated: Aug. 10, 1870 ) Ack'd: Aug. 10, 1870 To ) Filed: Aug. 11, 1870 ) Rec'd: 39 L.D., 424 ) Cons: $2000.00 JAMES CARLIN ) Conveys the undivided 1/2 of the East 1/2 of the S. W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Subject to a mortgage for $700.00, dated August 1, 1869, and payable in four years from date. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 18 JAMES CARLIN, ) MORTGAGE ) Dated: Aug. 9, 1870 ) Ack'd: Aug. 11, 1870 To ) File'd: Aug. 11, 1870 ) Rec'd: 27 L. M., 220 L. MARIA SNOW ) Mortgages the undivided 1/2 of the East 1/2 of the S. W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M. Subject to a mortgage of $700.00, payable on August 1, 1873. This mortgage given to secure a part of the purchase money for said premises. Executed to secure payment of the sum of $316.34, payable on August 8, 1871, and $316.36, payable on August 8, 1832, and said Carlin shall also pay a mortgage of $700.00 now on said premises, due August 1, 1873. ~~~~~~~~~~~~~~~~~~~~~~~~ No. 19 L. MARIA SNOW, ) RELEASE & SATISFACTION ) Dated: Sep. 17, 1874 ) Ack'd: Sep. 19, 1874 To ) Filed: Nov. 9, 1874 ) Rec'd: 32 L. M., 312 JAMES CARLIN ) Acknowledges fully paid and releases of record the mortgage dated August 9, 1870, made and executed by releasee herein to releasor, recorded in Book 27 of Town Lot Mortgages, at page 220, records of the Recorder's Office of Scott County, Iowa. ~~~~~~~~~~~~~~~~~~~~~~~ No. 20 JAMES CARLIN, a widower, ) QUIT CLAIM DEED ) Dated: Sept. 15, 1874 To ) Ack'd: Sept. 15, 1874 ) Filed: Nov. 9, 1874 ) Rec'd: 40 L.D., 578 JOHN CARLIN, his son. ) Cons.: $1.00, Love & Affec. Conveys the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 No., Rng. 3 East of the 5th P.M. ~~~~~~~~~~~~~~~~~~~~~~~~~ No. 21 JOHN CARLIN and SARAH ) MORTGAGE CARLIN, his wife, ) Dated: May 4, 1875 ) Ack'd: May 5, 1875 To ) Filed: May 6, 1875 ) Rec'd: 34 L.M., 98 GERMAN SAVINGS BANK ) of Davenport, Iowa, a corporation. ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Excuted to secure payment of the sum of $360.00, payable in 6 months from date. Released on the margin of the record on November 3, 1875, by The German Savings Bank, by H. Lischer, Pres. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 22 JOHN CARLIN and SARAH ) MORTGAGE CARLIN, his wife, ) Dated: Nov. 4, 1875 ) Ack'd: Nov. 4, 1875 To ) Filed: Nov. 8, 1875 ) Rec'd: L. M., 55 DANIEL KELEHER ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Executed to secure payment of the sum of $600.00, payable in one year from date. Released on the margin of the record on October 2, 1876, by Daniel Keleher. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 23 JOHN D. CARLIN and SARAH ) MORTGAGE CARLIN, his wife, ) Dated: Oct. 16, 1876 ) Ack'd: Oct. 20, 1876 To ) Filed: Nov. 2, 1876 ) Rec'd: 33 L. M., 219 W. E. HASKINS. ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Executed to secure payment of the sum of $600.00, payable according to terms of promissory note. Released on the margin of the record on October 24, 1877, by W. E. Haskins. ~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 24 JOHN D. CARLIN and SARAH ) MORTGAGE CARLIN, his wife, ) Dated: Oct. 16, 1877 ) Ack'd: Oct. 16, 1877 To ) Filed: Oct. 16, 1877 ) Rec'd: 34 L. M., 279 GERMAN SAVINGS BANK of ) Davenport, Iowa, a corporation ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M., containing 80 acres, more or less. Executed to secure payment of the sum of $600.00, payable in installments, the last of which is due October 16, 1878. Released on the margin of the record on June 16, 1879, by The German Savings Bank, by H. Lischer, Pres. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 25 IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY. IN THE MATTER OF THE WILL ) In Probate No. 10219, Of ) App. Doc. 17, p. 119 JOHN CARLIN, deceased. ) June 30, 1920. Proof of death filed, showing that said deceased, late of Davenport, Iowa, died a widower on June 23, 1920. June 30, 1920. Will filed, opened and publicly read, and it is ordered that July 28, 1920, at 9 o'clock A. M., be fixed as the time for hearing the matter of the probate of the same, and it is further ordered that notice of said hearing be given by publication once a week for three consecutive weeks, of which the last publication shall be at least 10 days before such time of hearing, in the weekly edition of the Catholic Messenger, a newspaper published in Scott County, Iowa. July 16, 1920. Affidavit of publication of notice of probate filed, showing that said notice was published in each consecutive issue of the above named newspaper, commencing on July 1, 1920, and ending on July 15, 1920. August 2, 1920. It is ordered that the will be admitted to probate and recorded, which is accordingly done in Will Rec. 14, page 484; and it is further ordered that Henry Carlin be appointed as executor without bond, and Executor is directed to give notice of his appointment by posting a notice thereof at three public places in Scott County, Iowa, one of which shall be at the Court House. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The will bears date of November 23, 1917, witnessed by two persons, signed "John Carlin", and directs as follows:- Item I. Directs that all of testator's just debts, funeral expenses, expenses of last sickness, and expenses of administration, be paid out of testator's estate, and personal property. Item II. "I hereby give, devise and bequeath unto my son, Michael Henry Carlin (sometimes called Harry Carlin, but hereinafter called Michael Henry Carlin), all the rest, residue and remainder of my personal property and estate of every kind and nature and wherever situated, to have and to hold the same unto him and to his heirs and assigns, absolutely and forever, subject, however, to the following qualifications and limitations:- I hereby will and direct that my ordinary household goods and kitchen furniture and the personal property ordinarily used by me and my family in and about my home, and owned by me, shall remain in my said home for the use of those members of my family who shall continue to make the said premises their home, and they shall remain so long as any one or more members of my family shall continue to make my present homestead property his or her home, which homestead property is hereinafter in Item IX of this my Last Will and Testament accurately described, and when the time shall arrive that none of my children shall wish to continue in the occupation of said premises as a home, then the same shall be divided, share and share alike, among my said daughters and son, Michael Henry Carlin, excepting only my daughter, Mary Carlin, hereinafter referred to and provided for. I give, devise and bequeath unto my grand-son, Charles Carlin, son of my son, William Carlin, the sum of $10., and I give, devise and bequeath unto my daughter, Mary Carlin, the sum of $5., to have and to hold the same unto them and to their several and respective heirs and assigns forever." Item III. Provides that in the event of certain contingencies said daughter, Mary Carlin, shall be maintained and supported with the proceeds of the personal estate hereinbefore devised to Michael Henry Carlin. Item IV. Devises certain real estate to son, James Albert Carlin, not including the real estate under examination. Item V. Devises certain real estate to daughter, Sarah Carlin, not including the real estate under examination. Item VI. Confirms a conveyance of certain real estate to son, Michael Henry Carlin, not including the real estate under examination. Item VII. Devises certain real estate to sons and daughters, Michael Henry Carlin, Sarah Carlin, Grace Carlin, Agnes Carlin, and Annie Carlin, not including the real estate under examination. Item VIII. "I herby give, devise and bequeath unto my two daughters, Elizageth Carlin and Agnes Carlin, the East 1/2 of the S. W. 1/4 of Section 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. situated in Scott County, Iowa, to have and to hold the same unto them and to their heirs and assigns, absolutely and forever." Also devises certain real estate to daughters Annie Carlin and Grace Carlin. Item IX. "I am now the owner of the following described real estate situated in the City of Davenport, Scott County, Iowa, to-wit: Lot 1 in Block 13 of Sturdevant's 2nd Addition to the City of Davenport, Iowa, which property constitutes my homestead, and I now hereby give, devise and bequeath my said homestead property, share and share alike, unto my son, Michael Henry Carlin, and to my daughters, Sarah Carlin, Grace Carlin, Elizabeth Carlin, Agnes Carlin and Annie Carlin, to have and to hold the same unto them and to their heirs and assigns, absolutely and forever, subject, however, to the following limitations and qualifications:- My expectation is that my above named children or some of them will continue to occupy the said premises as a home for a great many years, and I hereby grant unto each and every one of my said children the right to occupy the said premises as a home so long as he or she shall remain unmarried, and I especially provide that my said son, Michael Henry Carlin, shall have dominion over the said property and shall manage and control the same and shall be the head of the family and that he shall use for the maintenance and support of said homestead and upkeep thereof and the support of himself and my said daughters, the income from certain of my other property as provided in Item XI of this my Last Will and Testament." Also directs further as to the use of said homestead, and directs that said property shall not be partitioned among testator's children so long as any of them shall continue to occupy the same as a home unless by mutual consent and agreement among all of said children. Item X. "By Subdivision (a) of Item VIII of this my Last Will and Testament I gave unto my two daughters, Elizabeth Carlin and Agnes Carlin, the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M., in Scott County, Iowa, subject to certain limitations and qualifications, and one of these limitations and qualifications is as follows:- I have reason to believe that said land or a part thereof is underlaid with a vein or strata of coal or with other minerals, and I hereby reserve for the use and benefit of my son, Michael Henry Carlin, the right to prospect on said land for coal and other minerals, with right of ingrees and egress for such purpose, together with the occupation of so much of the surface of the said land as may be necessary for prospecting for coal or other minerals, and if coal or other minerals should be found in what shall be deemed to be paying quantities, then my said son, Michael Henry Carlin, shall have the right to sink a shaft or make other developments in accordance with the custom of mining coal and other minerals and to occupy a sufficient portion of the surface of such farm for such purpose, together with right of ingress and egress, and this shall be a continuous and perpetual right both for the purpose of prospecting for coal and other minerals, and of ultimately mining and removing coal and other minerals from under the said land for the use and benefit of my said son, Michael Henry Carlin, granting unto him the right, as aforesaid, to occupy a sufficient portion of the surface of said land for said purpose, together with a perpetual right of way to and from the said land, it being understood, of course, that if mining operations should be commenced and continued same must be done in accordance with the usual rules and approved and modern methods of mining, extracting and removing coal and other minerals." Item XI. "By Item VII and by Subdivisions (b), (c), (d), (e) and (f) thereof, and by Item VIII, and by Subdivisions (a), (b) and (c) thereof, of this my last will and testament, I gave unto my daughters, Sarah Carlin, Grace Carlin, Elizabeth Carlin, Agnes Carlin and Annie Carlin, certain tracts of real estate, subject to certain limitations and qualifications, which limitations and qualifications are as follows:- I hereby give and grant unto my son, Michael Henry Carlin, the right to manage and control said several tracts of land as Trustee , meaning that he shall be what is called a Common Law Trustee, or Trustee out of Court, and without any bond, and he, as such Trustee, shall manage and control said several tracts of land and collect the income arising therefrom and out of the income of each of said tracts of land he shall pay the taxes thereon and keep a reasonable amount of fire insurance on the buildings thereon and pay any other expenses necessary in keeping the property in good, ordinary repair, making, from time to time, such alterations and improvements as he may deem for the ultimate benefit of the land and of the donee thereof. Out of the net profits arising from the various tracts of land he shall keep up the expense of my homestead and contribute to my said daughters such sums of money as may be necessary for their support and comfort in sickness and in health and this shall continue regarding each of said several tracts of land so long as my home shall be kept as a home for any of the members of my family, except, if any one or more of my daughters, to whom special tract of land has been devised, shall desire to take the management and control of her own individual property out of the hands of my said Trustee, she shall have the right so to do, but if, after so doing, she should continue as a member of the family and remain in my homestead property she shall contribute her full share toward the maintenance, support and upkeep of my home, including all expenses incident thereto." Item XII. "I have in and by this my Last Will and Testament, disposed of all my personal property, including all that I shall have at the time of my demise, and I also have disposed of all of the real estate that I now own, but if it should happen that I should be the owner of any other real estate at the time of my demise, not herein specifically devised and disposed of, then I will and give the same share and share alike, unto my said son, Michael Henry Carlin, and my five daughters, Sarah Carlin, Grace Carlin, Elizabeth Carlin, Agnes Carlin and Annie Carlin, the intent being that said six persons are and shall be my residuary legatees." Item XIII. Provides that if any of said children shall contest said will, that such child or children shall not receive any portion of testator's estate. Item XIV. Appoints said son, Michael Henry Carlin, as sole Executor, without bond. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ August 2, 1920. Oath of Executor filed and letters issued. August 2, 1920. proof of posting notices of appointment of Executor filed, showing that said notices were posted at three public places in Scott County, one of which was at the Court House door, on August 2, 1920. August 19, 1920. Inventory filed. August 19, 1920. List of beneficiaries and real property filed, showing that testator left no widow, and showing the beneficiaries and heirs at law to be the following sons and daughters:- J. Albert Carlin, Mary Carlin, Sarah Carlin, Grace Carlin, Elizabeth Carlin, Agnes Carlin, Annie Carlin and Michael Henry Carlin, Also Charles Carlin, grandson of testator. Among other real estate listed appears the East 1/2 of the S.W. 1/4 Sec. 10, Twp. 78 N., Rng. 3. September 17, 1921. Duly verified final report of Executor filed, in which he recites item 2 of said will and states that after diligent search Executor has been unable to locate Charles Carlin, grandson of testator, the legates in said Item 2; and executor asks permission of said Court to pay said legacy of $10.00 to the Clerk of said Court until the whereabouts of said legatee can be located. Executor further states that he has paid to Mary Carlin, daughter of testator, the sum of $5.00, being the amount bequeathed to her in said Item 2, for which Executor submits the receipt of said Mary Carlin. Executor further states that all of the real estate left by the said John Carlin, deceased, by his Last Will and Testament was devised and bequeathed between his children, some of the same being left outright and the rest with provisions that Executor should have the right to manage and control said several tracts of land as Trustee. That in pursuance of said will Executor has managed the different tracts of land left by testator in accordance with the terms of said will, but that shortly prior to the filing of said final report the daughters of said John Carlin named in his will have exercised the option to take the management of their own individual property out of Executor's hands, and that after the approval of said final report the management and control of the several tracts of land left to the different daughters of said deceased shall be turned over to said respective heirs. Executor further states that no claims have been filed against said estate. October 8, 1921. It is ordered that said final report be approved and said Executor discharged. April 2, 1924. Three receipts of L. E. Blandine, Collector of Internal Revenue of the District of Iowa at Dubuque, for the aggregate sum of $287.17 in payment of inheritance tax, filed. In said receipts it is stated that the date of actual payment was 4-14-23. November 13, 1935. Certificate of D. S. Bliss, Deputy Commissioner of Internal Revenue filed (dated November 5, 1935) reciting that the estate tax with respect to said estate has been fully discharged, and duly provided for, and that by reason thereof said Deputy Commissioner releases the lien of the United States by Sec. 315 of the Revenue Act of 1926 on certain real estate, not including the real estate under examination. ~~~~~~~~~~~~~~~~~~~~~~~~~ No. 26 F. C. HARRISON, ) AFFIDAVIT ) Dated: Nov. 22, 1923 To ) Filed: Nov. 22, 1923 ) Rec'd: 111 T. L. D., 189 THE PUBLIC ) Affiant states that he is a resident of the City of Davenport, Iowa, and that he is engaged in the practice of law in said City. That during his lifetime, affiant was acquainted with one John Carlin who died on June 23, 1920, and that affiant knows that said John Carlin at the time of his death was a widower and left no wife surviving him. That affiant acted as attorney for the estate of John Carlin while the same was in probate in the District Court of Scott County, Iowa. That in pursuance to the provisions in the will of John Carlin that Michael Henry Carlin should have the right to manage and control the several tracts of land designated in the Will of John Carlin as Trustee as a Common Law Trustee or Trustee out of Court without a bond, that the said Michael Henry Carlin managed the different tracts of land left by John Carlin and paid the taxes, expenses for repairs, and that to the daughters of John Carlin he paid such sums of money as was necessary for their support and maintenance. That just prior to the filing of the final report in the Estate of John Carlin, the daughters of the said John Carlin, deceased, named in his will under said trust provisions, exercised the option given to them under the provisions of said will to take management of their own individual property out of Michael Henry Carlin's hands, and that shortly after the filing of the final report in the John Carlin estate the management and control of the several tracts of land to the different daughters of the said John Carlin, deceased, as provided in said will were turned over to said respective heirs. That on or about September 16, 1922, a return was made for federal estate tax, and that said return and a review of the same made subsequent thereto shows that the personal property of the said John Carlin at the time of his death was valued at $114.72, his miscellaneous property at $100.00, and his real estate at $84,760.00. That on April 12, 1923, a draft for the amount claimed by the Treasury Department of the United States Government was sent in full of the Government's claim for the federal estate tax in the estate of John Carlin to the Internal Revenue Collector at Dubuque, Iowa. That a claim at that time was made for an abatement on the amount claimed by the Government. And that a receipt in full for siad federal estate tax was mailed to affiant as attorney for the estate of John Carlin. No. 27 AGNES CARLIN and ) AFFIDAVIT ELIZABETH CARLIN ) Dated: Aug. 13, 1923. ) Filed: Aug. 27, 1923 To ) Rec'd: 111 T.L.D., 33. ) THE PUBLIC ) Affiants state as follows:- "Before me, Duane J. Leamer, a Notary Public in and for Scott County, State of Iowa, personally appeared Agnes Carlin and Elizabeth Carlin, known to me to be the owners of the land more particularly described as follows:- The East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78, Rng. 3. And stated under oath that they were managing the above described property free from the trusteeship of Michael Henry Carlin. Also stated that there had never been any coal mine under the above described property, and do not think there ever will be. They also stated that the total assets of the estate were set forth in accompanying Abstract, and that the amount of Federal State Tax was $350.00." (See Deed at No. 39.) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 28. (For Reference Only) MICHAEL HENRY CARLIN, SARAH ) WARRANTY DEED. CARLIN and AGNES CARLIN, all ) Dated: Aug. 15, 1924 unmarried; and GRACE BISHOP, ) Ack'd: Sept. 2, 1925 formerly Grace Carlin, and ) Ack'd: Sept. 9, 1924 JAMES BISHOP, her husband, ) Filed: Sept. 12, 1924 ) Rec'd: 114 T.L.D., 78. To ) Cons.: $1.00 & O.G. & V. ELIZABETH CARLIN and ANNIE CARLIN ) Conveys Lot 1, Block 13, Sturdevant's 2nd Addition to the City of Davenport, Iowa. This conveyance is being made under the terms and provisions of Item #9 of the Last Will and Testament of John Carlin, deceased, probate #10219, and by this instrument the grantors herein hereby waive all rights in and to the above described real estate, under said will. Internal Revenue Stamps ($4.00) attached and cancelled. (ABSTRACTERS' NOTE: This item is inserted herein for the purpose of showing that the liability of the said grantor, Agnes Carlin, and the grantee, Elizabeth Carlin, for the maintenance, support and upkeep of homestead as provided in Items 9 and 11 of the Will of said John Carlin, deceased, is terminated.) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 29 AGNES CARLIN and ELIZABETH ) RELEASE & SATISFACTION CARLIN, both single, ) Dated: Feb. 18, 1928 ) Ack'd: Feb. 18, 1928 To ) Filed: Feb. 20, 1928 CHICAGO JOINT STOCK LAND ) Rec'd: "U" R & A, 50. BANK OF CHICAGO, Illinois ) Acknowledges fully paid and releases of record the mortgage dated July 10, 1923, made and executed by releasees herein to releasor, recorded in Book 54 of Land Mortgages, at page 559, records of the Recorder's Office of Scott County, Iowa. The certificate of acknowledgment appears as follows:- "State of Illinois, County of Cook, as. On this 18th day of February, A.D. 1928, before me, a Notary Public in and for the County of Cook and State of Illinois, appeared Charles Boeschenstein and May Stinson to me personally known, who being by me duly sworn, did say that they are respectively the President and Assistant Secretary of the Chicago Joint Stock Land Bank, a corporation organized under an Act of Congress known as the 'Farm Loan Act', and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of Board of Directors, and said Charles Boeschenstein and May Stinson, acknowledged said instrument to be the free act and deed of said corporation by them as such President and Assistant Secretary voluntarily executed. Witness my hand and Notarial Seal. My commission expires June 28, 1930. (Notarial Seal) Louis A. Weisner, Notary Public in and for said County." ~~~~~~~~~~~~~~~~~~~~~~~ No. 31. ELIZABETH M. FEENEY and LOUIS ) MORTGAGE. A. FEENEY, her husband; and ) Dated: Feb. 10, 1928 AGNES CARLIN, single, ) Ack'd: Feb. 10, 1928 ) Filed: Feb. 13, 1928 To ) Rec'd: 54 T.L.M., 147 THE GUARANTY LIFE INSURANCE ) COMPANY of Davenport, Iowa ) a corporation. ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., containing 80 acres, more or less. Executed to secure payment of the sum of $5000.00, payable on February 10, 1933. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 32 GUARANTY LIFE INSURANCE COMPANY ) EXTENSION OF MORTGAGE. of Davenport, Iowa, by L. J. ) Dated: Apr. 7, 1933 DOUGHERTY, President; attested ) Ack'd: Apr. 14, 1933 by W. F. Meiburg, Secretary, ) Ack'd: Apr. 21, 1933 (corporate seal affixed) ) Filed: Apr. 21, 1933 ) Rec'd: "Z" R & A 447 To ) HARVEY KOBERG and MINNIE ) KOBERG, his wife. Extends the time of payment of the mortgage set forth at No. 31 of this abstract; said mortgage as extended being for the sum of $4500.00, payable on February 10, 1936. ~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 33 GUARANTY LIFE INSURANCE COMPANY ) RELEASE & SATISFACTION. of Davenport, Iowa, a corporation, by L. J. ) Dated: June 7, 1934 Dougherty, its President; attested by W. F. ) Ack'd: June 7, 1934 Meiburg, Secretary (corporate seal affixed), ) Filed: July 2, 1934 ) Rec'd: 3 R & A, 57 To ) ELIZABETH M. FEENEY and LOUIS A. FEENEY, ) her husband; and AGNES CARLIN, single. Acknowledges fully paid and releases of record the mortgage dated February 10, 1928, made and excuted by releasees herein to releasor, recorded in Book 54 of Town Lot Mortgages, at page 147, records of the Recorder's Office of Scott County, Iowa. In the certificate of Acknowledgment it is certified that said parties under oath stated that they are the President and Secretary, respectively, of releasor corporation, that the seal affixed is the corporate seal of said corporation; that they executed foregoing instrument as such officers in behalf of said corporation with authority of its Board of Directors as the voluntary act and deed of said corporation. ~~~~~~~~~~~~~~~~~~~~~~~ No. 34 IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY ANN V. FEENEY, ) Vs ) In Probate No. 29134 ) Comb. Doc. 60, p. 235 AGNES CARLIN ) December 7, 1932. Duly verified petition filed in which plantiff states that defendant, 34 years of age, is a resident of Davenport, Iowa, and is a person of unsound mind, and at the present time is incompetent to care for her person or property. That defendant owns an undivided 1/2 interest in the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78., Rng. 3 East of the 5th P.M., which property has a valuation of approximately $7000.00, and upon which property there is a mortgage in the sum of $5000.00. That Elizabeth M. Feeney is the owner of the remaining 1/2 interest in said property. Plaintiff states that at the present time the defendant is making her home with an aunt, Bridget Moore, in the City of Davenport, Iowa. Plaintiff asks that she be appointed temporary guardian of the person and property of the defendant, and that upon final hearing of said petition, that plaintiff be appointed permanent guardian of defendant. December 7, 1932. The matter comes on for hearing, and it is ordered that said matter be heard at the Court House in the City of Davenport, Iowa, on December 12, 1932, at 10 o'clock A.M., and that notice of the time and place of said hearing, together with a copy of said petition, be served personally upon said defendant at least three days before such time of hearing. December 15, 1932. Notice of time and place of hearing of said petition filed, in which notice the parties to the action are named as in the petition, the real estate is described as in the petition, the substance of the allegations and of the prayer of t the petition is stated, and the Court House in the City of Davenport, Iowa, on December 12, 1932, at 10 o'clock A.M., is stated, and the Court House in the City of Davenport, Iowa, on December 12, 1932, at 10 o'clock A.M., is fixed as the time and place of hearing. A copy of the petition is attached to said notice. The return endorsed on said notice (subscribed and sworn to by Sam Kelly) shows that the same was served on December 8, 1932, on Agnes Carlin in the City of Davenport Twp., by reading the same to her and by delivering to her personally a true copy thereof. December 14. 1932. The matter comes on for hearing and the Court finds that notice of said hearing, with copy of petition attached, was served in due time and legal manner and personally, upon the defendant; and it is ordered that Freeland Browne, a member of the Scott County Bar, be appointed as Guardian and Litem for said defendant. December 14, 1932. Answer of said Guardian ad Litem filed. December 14, 1932. The matter comes on for hearing, and the Court finds that the allegations of the prtition are ture; and it is ordered, adjudged and decreed that Ann V. Feeney be appointed as temporary guardian of the person and property of the defendant, with bond in the amount of $1500.00. December 21, 1932. Bond of temporary Guardian filed and approved, and letters issued. December 28, 1932. Original notice with copy of petition and return of service thereon attached, filed. Said copy of petition purports to be subscribed and sworn to by Ann V. Feeney on December 20, 1932, and in said petition plaintiff states that the defendant, 34 years of age, is a resident of the City of Davenport, Iowa, and is a person of unsound mind; and is incompetent to care for her person or property. That defendant owns an undivided 1/2 interest in the East 1/2 of the S. W. 1/4 of Sec. 10 Twp. 78 N., Rng. 3 East of the 5th P.M., which property has a value of approximately $7000.00; that there is a mortgage on the same in the sum of $5000.00; and that the taxes for the year 1931 on said real estate are delinquent. That Elizabeth M. Feeney is the owner of the remaining 1/2 interest in said real estate. Plaintiff states that she is a sister of defendant; and that defendant is at the present time making her home with an aunt, Bridget Moore, in the City of Davenport, Iowa. Plaintiff asks that she be appointed as Guardian of the person and property of the defendant. December 28, 1932. In the said original notice filed on December 28, 1932, the parties to the action are named as in the petition, and in said notice it is recited that the petition in said cause will be filed in the office of the Clerk of said Court on or before December 23, 1932; and in said notice the substance of the allegations and of the prayer of the petition is stated, the real estate is described as in the petition, and before noon of the second day of the January, 133, Term of said Court, commencing on January 3, 1933, is fixed as return day. Attached to said original notice is a copy of the original petition; and in the return attached to said notice (signed by Sam O. Kelly) affiant states that he is Constable in the City of Davenport Twp., Scott County, Iowa; that he served said notice upon the defendant, Agnes Carlin, by reading the same, to her and by delivering to her personally a true copy of said notice, with copy of petition attached, and also served Bridget Moore, who has the custody of Agnes Carlin, by reading the same to her and by delivering to her personally a true copy of the same, in the City of Davenport Twp., Scott County, Iowa, on December 21, 1932. January 13, 1933. The matter comes on for hearing and the Court finds that notice of said proceeding, with a copy of said petition thereto annexed, has been served in due time and legal manner personally upon the defendant as heretofore ordered by the Court, and it is ordered that Freeland Browne, a member of the Scott County Bar, be appointed as Guardian ad Litem for the defendant. January 13, 1933. Answer of said Guardian ad Litem filed. January 13, 1933. The matter comes on for hearing, and the Court finds that the allegations of the petition are true; and it is ordered, adjudged and decreed that defendant is a person of unsound mind; and it is ordered that Ann V. Feeney be appointed as Guardian of the person and property of said defendant; and it is further ordered that the bond of Guardian, fixed as to the sum of $1500.00 in the temporary guardianship, is held sufficient, and that no other or further bond is required at this time; and it is further ordered that letters of permanent guardianship be issued to Ann V. Feeney, and that said cause be transferred to the Probate Docket. Rec. 84 - 192. ~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 35 IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY IN THE MATTER OF THE GUARDIANSHIP ) In Probate No. 15153. of ) App. Doc. 25, p. 253 AGNES CARLIN, a person of unsound mind. ) January 13, 1933. Decree in District Court Cause No. 29134 filed. January 13, 1933. Bond of Ann V. Feeney as Permanent Guardian of the person and property of Agnes Carlin, a person of unsound mind, filed, said bond being in the amount of $1500.00, and being approved by the Clerk of said Court. January 13, 1933. Letters of guardianship issued to said Ann V. Feeney as Permanent Guardian. January 14, 1933. Duly verified petition to sell real estate filed, in which Guardian states that she is the duly appointed and qualified Guardian of Agnes Carlin, a person of unsound mind; that her said ward is the owner of an undivided 1/2 interest in the East 1/2 of the S. W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M. That the owner of the other undivided 1/2 interest in said real estate is Elizabeth M. Feeney, sister of Agnes Carlin. That said Elizabeth M. Feeney has entered into a contract for the sale of said real estate to one Harvey Koberg for the sum of $7250.00, said sum being payable in cash over and above the $5000.00 mortgage now on said read estate. That the sale of said real estate for the said ward is not in violation of the terms of any will, and that it is for the best interests of all concerned that said real estate be sold according to the terms of said contract. That said real estate is incumbered by a mortgage in the sum of $5000.00 to the Guaranty Life Insurance Company, and that the interest on said mortgage is delinquent; that the taxes due for 1931 are deliquent, and that the rents received from said property are not sufficient to pay the interest and taxes; and that if said real estate is not sold, foreclosure will be commenced, and that said ward will lose her interest in same. That it is either necessary to sell said real estate at private or public sale or have the same partitioned, and that Guardian considers said sale to be for the benefit of said ward, and that she be permitted to sell said real estate belonging to said ward, making a deed therefor, and carry out the terms of said contract with Harvey Koberg and complete the same in accordance therewith. January 14, 1933. It is ordered that January 21, 1933, at 10 o'clock A.M., at the Court House in the City of Davenport, Iowa, be fixed as the time and place of hearing said petition, and that notice thereof be served upon said ward at least five days prior thereto. January 21, 1933. Notice of hearing of petition to sell real estate filed, which notice is addressed to said ward, and in which notice the substance of the allegations and of the prayer of the petition is stated, the real estate is described as in the notice, and January 21, 1933, at 10 o'clock A.M. being a day of the January Term, 1933, of said Court, is fixed as return day. A copy of said petition is attached to said notice. In the return endorsed upon said notice (subscribed and sworn to by Sam Kelly) affiant states that on January 16, 1933, he served said notice, with copy of petition attached, on Agnes Carlin, she being over the sage of 14 years, by reading the same to her, and by giving to her a true copy thereof, and by reading the same to and giving a true copy thereof to Bridget Moore, she having the care and control of said Agnes Carlin. January 21, 1933. It is ordered that Freeland Browne be appointed as Guardian ad Litem for said Agnes Carlin. January 21, 1933. Answer of said Guardian ad Litem filed. January 21, 1933. The matter comes on for hearing, and it appearing to the Court that said Agnes Carlin was duly and legally served with notice of said action, and that notice was had on Bridget Moore, who has the care and control of said minor, by personal service, and by leaving a copy of said notice with petition to sell said real estate attached, and service being made in the City of Davenport, Iowa, on the 16th of January, and being more than five days before the hearing of said petition, no appearance has been made or answer filed by said ward, it is ordered that Freeland Browne, an Attorney of said Court, be appointed as Guardian ad Litem for said Agnes Carlin. Said Guardian ad Litem having filed his answer on behalf of said Agnes Carlin denying said petition, said matter comes on for hearing on said petition. The Court finds that the allegations of the petition are ture, and that said petition should be granted. It is ordered that A. T. Carroll and C. Arthur Ruhl be appointed as appraisers to appraise said real estate; and it is ordered, adjudged and decreed that Guardian be authorized, empowered and directed to sell said real estate at either private or public sale, but for not less than the appraised value; and that said Guardian give bond with surety to be approved by the Clerk of said Court. The Court finds that Guardian has heretofore given bond for $1500.00, and that said bond is sufficient to cover said sale, and Guardian is exempted from giving additional bond. Rec. 52 - 301. January 21, 1933. Commission to appraisers issued. February 1, 1933. Report of appraisers filed, in which they state that they have appraised said real estate at $7000.00. February 21, 1933. Guardian's report on sale of real estate filed, in which she states that she has sold the interest of her ward in said real estate, being an undivided 1/2 interest of the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., to Harvey Koberg for the sum of $7250.00, for the whole of said premises, payable as follows: - $2250.00 cash, and the balance of purchase price by the assumption of a mortgage now on said real estate to the Guaranty Life Insurance Company of Davenport, Iowa. Guardian asks that said sale be approved, and that her deed submitted therewith be approved. February 21, 1933. It is ordered that said sale and said deed be approved, and the Clerk of said Court is instructed to endorse the approval of said Court on said deed. April 26, 1933. Report of Guardian on proceeds from sale of said real estate filed; and it is ordered that the same be aproved. January 24, 1934. Report of Guardian as to receipts and expenditures filed; and it is oredered that said report be approved and that Guardian be excused from further reporting for a period of three years. (No further proceedings have been had in said matter.) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 36. ANN V. FEENEY, Guardian of the ) GUARDIANS DEED person and property of Agnes ) Dated: Jan. 31, 1933 Carlin, a person of unsound ) Ack'd: Jan. 31, 1933 mind, ) Filed: Feb. 21, 1933 To ) Rec'd: 130 T.L.D., 384 ) HARVEY KOBERG. ) Conveys an undivided 1/2 interest of said ward in and to the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M. The consideration for said deed being $1125.00 and the assumption by grantee of a mortgage of $5000.00 to the Guaranty Life Insurance Company, made by Agnes Carlin and Elizabeth Feeney and Louis A. Feeney, which mortgage is recorded in Book 54 Lt. Mtges., page 147, which mortgage grantee assumes and agrees to pay, with interest from March 1, 1933. Recites that said real estate was sold to said grantee pursuant to an order entered in the District Court of Scott County, Iowa, at the January Term, 1933, of said Court. $1.50 U.S. Internal Revenue Stanps affixed and cancelled. Attached to said deed is the certificate of Nic LeGrand, Clerk of said Court (by Deputy) reciting that said deed was approved by said Court on February 21, 1933. ~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 36-A. MINNIE HALLAUER, ) AFFIDAVIT ) Dated: None Stated ) Ack'd: Nov. 1, 1945 To ) Filed: Nov. 7, 1945 ) Rec'd: 29 Misc., 207 THE PUBLIC Affiant on oath states that she knows Agnes Carlin for whom Ann V. Feeney (her sister) was appointed Guardian by the decree of the District Court of Scott County, Iowa, on January 13, 1933 under Probate calendar No. 15153 of said Court; and that she knows that the said Agnes Carlin was unmarried on January 31, 1933 when Ann V. Fenney as Guardian of the person and property of said Agnes Carlin executed a Guardian's Deed to Harvey Koberg, which deed was filed for record on February 21, 1933 and recorded in Book 130 of Town Lot Deeds, on page 384, of the records in the office of the Recorder of Scott County, Iowa. ~~~~~~~~~~~~~~~~~~~~~~~~~ No. 37. ELIZABETH M. FEENEY and ) WARRANTY DEED. LOUIS A. FEENEY, her husband. ) Dated: Dec. 12, 1932 ) Ack'd: Dec. 12, 1932 To ) Filed: Feb. 21, 1933 ) Rec'd: 63 L. D., 443 HARVEY KOBERG. ) Cons.: $1.00 O. G. & V. Conveys an undivided 1/2 interest in and to the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Ring. 3 East of the 5th P.M. The consideration for said deed being $1125.00 and the assumption by grantee of a mortgage of $5000.00 to the Guaranty Life Insurance Company, made by Elizabeth M. Feeney and Louis A. Feeney, her husband, and Agnes Carlin, which mortgage is recorded in Book 54 T.L.M., page 147, and which mortgage grantee assumes and agrees to pay, with interest from March 1, 1933. $1.50 U.S. Internal Revenue Stamps affixed and cancelled. ~~~~~~~~~~~~~~~~~~~~~~~ No. 38. A. E. CARROLL, ) AFFIDAVIT ) Dated: Oct. 19, 1837 To ) Filed: Dec. 4, 1937 ) Rec'd: 8 Misc., 245 THE PUBLIC ) Affiant states that he is well acquainted with Elizabeth M. Feeney, one of the grantors in the warranty deed dated December 12, 1932, to Harvey Koberg, and which deed was filed for record of February 2, 1933, in Book 63 of Land Deeds, on page 443, records of Scott County, Iowa; that affiant knows that the said Elizabeth M. Feeney is one and the same person as Elizabeth Carlin, devises under the Will of John Carlin, deceased, whose will was admitted to probate in the District Court of the State of Iowa in and for Scott County, as Probate Cause No. 10219; and that affiant knows that the said Elizabeth M. Feeney and the said Elizabeth Carlin are one and the same person. ~~~~~~~~~~~~~~~~~~~~~~ No. 39. MICHAEL HENRY CARLIN and ) QUIT CLAIM DEED LAURA CARLIN, husband and ) Dated: Dec. 16, 1932 wife, ) Ack'd: Dec. 16, 1932 ) Filed: Sep. 30, 1933 To. ) Rec'd: 79 L. D., 108 ) HARVEY KOBERG. ) Conveys the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M. The purpose of this Quit Claim Deed is to relinquish any and all rights said Michael Henry Carlin may have under item 10 of the Will of John Carlin, wherein there is reserved for the use and benefit of said Michael Henry Carlin, the right to prospect for coal or other minerals on said premises. Also to relinquish any and all rights or interest said Michael Henry Carlin was given the right to manage and control this and other tracts of real estate as a Trustee. The intention being to release and relinquish any and all interests said Michael Henry Carlin had, either under said coal rights or under rights of Trustee. ~~~~~~~~~~~~~~~~~~~~~~~~~ No. 40 HARVEY KOBERG and MINNIE ) MORTGAGE KOBERG, husband and wife, ) Dated: May 22, 1934 ) Ack'd: May 25, 1934 To ) Filed: May 28, 1934 ) Rec'd: 59 L. M., 124 THE FEDERAL LAND BANK OF Omaha, ) of Omaha, Nebraska. Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10, in Twp. 78 N., Rng. 3 East of the 5th P.M., containing 80 acres, more or less. Executed to secure payment of the sum of $2500.00, payable in installments, the last of which is payable on June 1, 1970. ~~~~~~~~~~~~~~~ No. 41 THE FEDERAL LAND BANK of ) RELEASE & SATISFACTION Omaha, a corporation, by ) Dated: Nov. 10, 1937 Frank O. Osborn, Vice-President; ) Ack'd: Nov. 10, 1937 attested by Wayne E. Smith, ) Filed: Nov. 15, 1937 Asst. Secretary, (corporate seal affixed) ) Rec'd: 7 R & A, 573 To ) HARVEY KOBERG and MINNIE KOBERG ) Acknowledges fully paid and releases of record the mortgage dated November 10, 1937, made and executed by releasees herein to releasor, recorded in Book 59 Land Mortgages, at page 124, records of the Recorder's Office of Scott County, Iowa. The certificate of acknowledgment appears as follows:- "State of Nebraska, County of Douglas: ss. On this 10th day of November, A.D. 1937, before me, O. M. Cloud, a Notary Public in and for said County and State, personally appeared Frank O. Osborn to me personally known, who being by me duly sworn did say that he is Vice President of the Federal Land Bank of Omaha, a corporation, and that the seal affixed to said instrument is the seal of said corporation and that said instrument was signed and sealed on behalf of the said corporation by authority of its board of directors; and the said Frank O. Osborn acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. In witness whereof I have hereunto set my hand and affixed my notarial seal this 10th day of November, A.D. 1937. (Notarial Seal) O. M. Cloud, Notary Public. My commission expires March 18, 1938." ~~~~~~~~~~~~~~~~~~~~ No. 42 HARVEY KOBERG AND MINNIE ) WARRANTY DEED KOBERG, his wife, ) Dated: Oct. 18, 1937 ) Ack'd: Oct. 18, 1937 To ) Filed: Dec. 2, 1937 ) Rec'd: 81 L. D., 331 JOHN A. HORNBY ) Cons.: $1.00 & O.V.C Conveys the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M. $10.00 U.S. Internal Revenue Stamps affixed and cancelled. ~~~~~~~~~~~~~~~~~~~~~ No. 43 JOHN A. HORNBY ) MORTGAGE unmarried, ) Dated: Dec. 2, 1937 ) Ack'd: Dec. 2, 1937 To ) Filed: Dec. 2, 1937 ) Rec'd: 97 T.L.M. 448 DAVENPORT BANK AND TRUST ) COMPANY, Davenport, Iowa, a corporation. ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Executed to secure payment of the sum of $4,000.00, payable on or before December 2, 1942. ~~~~~~~~~~~~~~~~ No. 44 DAVENPORT BANK AND TRUST ) RELEASE & SATISFACTION COMPANY, a corporation, by V. O. ) Dated: Oct. 28, 1940 Figge, Vice President, and by R. Staak, ) Ack'd: Oct. 28, 1940 Cashier (corporate seal affixed), ) Filed: Oct. 28, 1940 To ) Rec'd: 12 R & A, 99 JOHN A. HORNBY. ) Acknowledges fully paid and relaeases of record the mortgage dated December 2, 1937, made and executed by releasees herein to releasor, recorded in Book 97 of Town Lot Mortgaes, at page 448, records of the Recorder's Office of Scott County, Iowa. In the certificate of acknowledgment it is certified that said parties under oath stated that they are the Vice President and Cashier, respectively, of releasor corporation, that the seal affixed is the corporate seal of said corporation; that they executed foregoing instrument as such officer's in behalf of said corporation with authority of its Board of Directors as the voluntary act and deed of said corporation. ~~~~~~~~~~~~~~~~~~~~ No. 45 JOHN A HORNBY: and ROBERT C. ) AUDITOR'S PLATE OF GREEN LOUFEK, Auditor of Scott County, Iowa ) ACRES FIRST ANNEX (Scott County Seal affixed), ) Dated: June 11, 1938 ) Ack'd: June 11, 1938 To ) Filed: May 19, 1939 ) Rec'd: 11 Misc., 198 THE PUBLIC ) Plat of Green Acres First Annex, being a part of the East 1/2 of the S. W. 1/4 of Sec. 10, Twp. 78, N., Rng. 3 East of the 5th P.M., situated in Davenport Township, Scott County, Iowa. The following Surveyor's certificate is attached:- "I, J. A. Ryan, a registered surveyor, do hereby certify that the accompanying and attached plat of Green Acres First Annex, being a part of the East 1/2 of the S. W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., situated in Davenport Township, Scott County, Iowa, correctly represents a survey made by me for John A. Hornby, subdividing the following described tract of real estate, situated in Scott County, Iowa, to-wit:- Part of the East 1/2 of the S.W. 1/4 Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., more particularly described as follows:- Beginning at a point 1322.5 feet East of the Northwest corner of the S. W. 1/4 of said Sec. 10, and which point is the Northwest corner of the East 1/2 of the S.W. 1/4 of said Sec. 10, and which point is also the Northeast corner of that tract of land heretofore platted as 'Green Acres, being a part of the West 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., located in Davenport Township, Scott County, Iowa', as the same is recorded in Book 141 Lot Deeds, on page 502, in the records of the Recorder's Office of Scott County, Iowa; thence from said point of beginning North 89 deg. 44 min. East along the North line of the said East 1/2 of the S. W. 1/4 of said Sec. 10, 1323 feet to the center of said Sec. 10; thence South no deg. 11 min. West along the East line of the said S.W. 1/4 of said Sec. 10 for a distance of 1574.5 feet; thence South 89 deg. 21 min. West to the East line of the said real estate heretofore platted as 'Green Acres, being a part of the West 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., located in Davenport Twonship, Scott County, Iowa,' as the same is recorded in Book 141, Lot Deeds, on page 502, in the records of the Recorder of Scott County, Iowa; thence North along the East line of said plat 1582.2 feet to the point of beginning. I further certify and state that pipe monuments are set at each lot corner of each tract, and that the dimensions shown upon the plat accompanying this certificate are in feet and decimal parts thereof. Signed at Davenport, Iowa, June 11, 1938. J. A. Ryan, Surveyor." The Owner's Certificate appears as follows:- "I, John A. Hornby, single and unmarried, do hereby certify that the plat of real estate to which this certificate is attached, of which real estate I, John A. Hornby, am the record owner, and which real estate is described as follows; to-wit:- Green Acres First Annex, being a part of the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., situated in Davenport Township, Scott County, Iowa, for the purpose of taxation under Secs. 6289 to 6299, both inclusive, of the Code of Iowa for 1935, and that the lots and measurements designated thereon are correct. and that said plat is furnished with my consent to the end that the same may be recorded in said Auditor's office and also in the office of the County Recorder of Scott County, Iowa. I do hereby certify that said plat shall be known as 'Plat of Green Acres First Annex, being part of the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., situated in Davenport Township, Scott County, Iowa'. Witness my hand this 11th day of June, A.D. 1938. John A. Hornby, Owner." In the Auditor's Certificate said Auditor certifies that John A. Hornby is the proprietor and owner of the real estate described as in the foregoing Surveyor's Certificate; that said John A. Hornby has on May 19, 1939, filed in the office of said Auditor for the purpose of taxation under Sec. 6289 to Sec. 6299 of the Code of Iowa for 1935, a plat of real estate owned by him and being said real estate; and said Auditor certifies that said plat shall be known as "Plat of Green Acres First Annex, being a part of the East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., situated in Davenport Township, Scott County, Iowa", and said plat, including said Auditor's Certificate, is filed with the Recorder of Scott County, Iowa, on May 19, 1939, said plat and the measurements therof being certified to by J. A. Ryan, as registered surveyor, and by John A. Hornby, as owner and proprietor. Said instrument is acknowledged by John A. Hornby, single and unmarried. ~~~~~~~~~~~~~~~~~ No. 46 JOHN HORNBY, not stated ) CONTRACT married or single, ) Dated: Nov. 9, 1937 ) Ack'd: May 18, 1938 First Party, ) Filed: May 28, 1938 ) Rec'd: 6 Misc With ) Cons.: $450.00 D. L. HODGES and ROSELYN HODGES, ) husband and wife, ) Second parties. ) First party agrees to sell to second parties for the sum of $450.00, real estate situated in Scott County, Iowa and described as Lot #9 of Green Acres Annex sub-division of the East One-half (E 1/2) of the Southwest Quarter of Section 10, Township 78 North, Range 3 East of the 5th P.M., with easement for right of way as shown by plat. Provides that the deed to said lot shall carry a provision that this property shall never be sold to, or occupied by, in any way owned by a member of the negro race. Second parties agree to purchase said real estate for the sum of $450.00 as follows: $25.00 in cash and the balance of $425.00 as follows: $7.50 on December 9, 1939, and $7,50 on the 9th day of each month thereafter until the full purchase price, including interest at 6% per annum is paid. ~~~~~~~~~~~~~~~~~~~~ No. 47 D. L. HODGES and ROSELYN RODGES, ) QUIT CLAIM DEED his wife, ) Dated: Aug. 22, 1938 ) Ack'd: Aug, 22, 1838 To ) Filed: July 8, 1938 ) Rec'd: 158 T.L.D. 510 JOHN HORNBY ) Cons.: $1.00 Quit claims all right, title and interest of grantors in and to real estate situated in Scott County, Iowa, and described as follows: Lot #9 of Green Acres Annex sub-dividion of the East one-half of Southwest quarter of Section 10, Township 78 North, Range 3 East of the 5th P.M. ~~~~~~~~~~~~~~~~ No. 48 JOHN HORNBY, not stated married or single, ) CONTRACT ) Dated: Sept. 28, 1938 To ) Ack'd: July 14, 1939 ) Filed: July 14, 1939 ) Rec'd: 12 Misc., 37 EARL APPLEBY ) Cons.: $600.00 First parties agree to sell to second parties for the sum of $600.00 the following described real estate situated in Scott County, Iowa: Lot #9 in Green Acres Annex Sub-division of the East One-half (E 1/2) of the Southwest Quarter (SW 1/4) of Section 10; Township 78 North, Range 3 East of the 5th P.M., with easement for right of way as shown by plat. Provides that the deed to said lot shall carry a provision that this property shall never be sold to, or occupied by, or in any way owned by a member of the negro race. Second parties agree to purchase said real estate for the sum of $600.00, payable as follows: $5.00 in cash; $20.00 on or before October 28, 1938 and $10.00 on the 28th if each calendar month thereafter, until the full purchase price, including interest at 6% per annum, has been paid in full. No. 49 EARL APPLEBY and BESSIE APPLEBY ) QUIT CLAIM DEED husband and wife, ) Dated: Oct, 5, 1940 ) Ack'd: Oct. 5, 1940 To ) Filed: July 8, 1944 ) Rec'd: 158 T.L.D. 509 JOHN A. HORNBY ) Cons: $1.00 & O.V.C. Quit claims all right, title and interest or grantors in and to real estate situated in Scott County, Iowa, and described as follows: Lot #9 in Green Acres First Annex, sub-division of the East half of the Southwest Quarter of Section 10; Township 78 North Range 3 East of the 5th P.M., together with buildings thereon. ~~~~~~~~~~~~~~~~~~~~~~ No. 50 JOHN A. HORNBY, single, ) CONTRACT First Party, ) Dated: Oct. 5, 1940 With ) Ack'd: Oct. 5, 1941 MELVIN R. WILDER and LYDIA WILDER, ) Filed: June 19, 1941 husband and wife as joint tenants with full rights of ) Rec'd: 12 Misc., 445 survivorship to their survivor, and not as tenants ) Cons.: $600.00 in common, and to the heirs and assigns of their ) survivor, ) Second Parties. First parties agree to sell to second parties for the sum of $600.00, Lot #9 in Green Acres First Annex sub-division of the East one-half of the Southwest Quarter of Section 10 Township 78 North, Range 3 East of the 5th P.M., with easement for right-of-way as shown by plat. Provides that the deed to said lot shall carry a provision that this property shall never be sold to, or be occupied by, or in any way owned by a member of the negro race. While this contract is in force any building erected on the above premises shall be with the written consent and approval of the parties of the first part; no building, trailer, or anything of a like nature shall be moved on the said premises without the written consent of the first party. Second parties agree to keep the premises in as good or better condition as they received them and any damage to the property shall be a just cause for cancellation of this contract according to the conditions set forth. Second parties agree to purchase said real estate for said sum of $600.00, payable as follows: $25.00 in cash; $10.00 on November 5, 1940 and $10.00 on the 5th day of each calendar month thereafter until the full purchase price, including interest at 6% per annum, is paid in full. ~~~~~~~~~~~~~~~~~ No. 51. MELVIN R. WILDER and LYDIA WILDER, ) ASSIGNMENT OF CONTRACT husband and wife, ) Dated: Nov. 29, 1941 First Parties, ) Ack'd: Nov. 29, 1941 With ) Filed: Feb. 11, 1942 CHARLES MADDEN and NORA MADDEN, ) Rec'd: 17 Misc., 218 husband and wife, ) Cons: $1.00 & O.V.C. Second parties. ) Assigns all right, title and interest of first parties in and to a certain land contract dated October 5, 1940, by and between John Hornby, as vendor and first parties herein as vendees for the sale of Lot #9 of Green Acres First Annex Sub-Division of the East 1/2 of the Southwest Quarter of Section 10, Township 78 North, Range 3 East of the 5th P.M., with easement for right of way as shown by plat, situated in Scott County, Iowa. ~~~~~~~~~~~~~~~~~~ No. 52 JOHN A. HORNBY, single, ) WARRENTY DEED To ) Dated: July 5, 1944 CHARLES MADDEN and NORA MADDEN, ) Ack'd: July 5, 1944 husband and wife, as joint tennants with full rights of ) Filed: July 10, 1944 survivorship to their survivor, and not as tenants in common, ) Rec'd: 158 T.L.D, 515 and to the heirs and assigns o their survivor. ) Cons.: $1.00 & O.V.C. Conveys Lot 9 on the Plat of Green Acres First Annex, being a part of the East 1/2 of the Southwest Quarter of Section 10 Township 78 North, Range 3 East of the 5th P.M., located in Davenport Township, Scott County, Iowa, as said plat is recorded in Book 11, Miscl. page 198 in the records of the Recorder's Office of Scott County, Iowa, subject however, to a right of way over and across the South 30 feet thereof. Hereby granting and conveying to the grantees herein a right of way together with other owners in Green Acres and Green Acres First Annex Additions over and across that tract of real estate herein designated upon said plat, "Reserved for Right of Way", so as to give the owners of the tract of real estate herein above conveyance is made subject to this condition, that the real estate herein conveyed shall at no time be sold to or occupied by or in any way owned by any member of the negro race, and this condition shall be a convenant running with the land. Grantor releases and relinquishes any and all restrictions contained in the certain written contract dated October 5, 1940, between John A. Hornby as party of the first part and Melvin R. Wilder and Lydia Wilder, parties of the second part, and recorded on June 19, 1941 in Book 12, Miscl., page 445, in the records of Scott County, Iowa; also in the "Assignment of Contract" dated November 29, 1941 and recorded February 11, 1942 in Book 17, Miscl., page 218 in the records of Scott County, Iowa whereby Melvin R. Wilder and Lydia Wilder transfer all their interest in the aforesaid mentioned contract to Charles Madden and Nora Madden, excepting such restrictions as are contained in this warranty deed, the intention being by this instrument to constitute the grantees herein full fee simple owners as joint tenants of the real estate herein conveyed subject to the restructions only as herein contained and that any other restrictions upon the use of the real estate herein conveyed, as may have been contained in said contract recorded as aforesaid are hereby concelled terminated and are of no further force and effect. $1.10 U. S. Internal Revenue Stamps affixed and cancelled. ~~~~~~~~~~~~~~~~~~~~ No. 53 CHARLES MADDEN and NORA MADDEN, ) WARRANTY DEED husband and wife, ) Dated: Dec. 1, 1944 ) Ack'd: Dec. 1, 1944 To ) Filed: Dec. 1, 1944 ) Rec'd: 159 T.L.D. 383 CECILIA H. TREHORNE ) Cons.: $1.00 & O.V.C. Conveys Lot 9 of Green Acres First Annex, being a part of the East Half, of Southwest Quarter of Section 10 Township 78 North, Range 3 East of the 5th P.M. as per plat recorded in Book 11 of Miscellaneous Records on page 198 of the records in the office of the Recorder of Scott County, Iowa; subject to a right of way over and across the South thirty feet of said lot, situated in Scott County, Iowa. There is also hereby granted to the grantee herein a right of way, together with other owners in Green Acres and Green Acres First Annex Additions, over and across that tract of real estate designated upon said plat "Reserved for Right of Way" so as to give the grantee herein egress and ingress to Division Street Road. Subject further to the conditions and restrictions as set out in deed of John A. Hornby to Charles Madden and Nora Madden recorded in Book 158 of Town Lot Deeds on page 515 of the records in the office of the Recorder of Scott County, Iowa. $2.20 U.S. Internal Revenue Stamps affixed and cancelled. ~~~~~~~~~~~~~~~~ No. 54 CECILIA H. TREHORNE and S. D. TREHORNE, ) CONTRACT wife and husband, ) Dated: Dec. 1, 1944 Vendors, ) Ack'd: Jan. 3, 1945 With ) Filed: Mar. 8, 1945 WILLIAM GARROW, ) Rec'd: 26 Mis., 158 Purchaser. ) Cons.: $1700.00 Vendors agree to sell to purchaser for the sum of $1700.00, the following described real estate situated in Scott County, Iowa: Lot 9 of Green Acres First Annex, being a part of the East Half of Southwest Quarter of Section 10, Township 78 North, Range 3 East of the 5th P.M. as per plat recorded in Book 11 of Miscellaneous Records on page 198 of the records in the office of the recorder of Scott County, Iowa; subject to a right of way over and across the South thirty feet of said lot. There is also hereby granted to the grantee herein a right of way, together with other owners in Green Acres and Green Acres First Annex Additions, over and across that tract of real estate designated upon said plat "Reserved for Right of Way", so as to give the grantee herein egress and ingress to Division Street Road. Subject further to the conditions and restrictions as as set out in deed of John A. Hornby to Charles Madden and Nora Madden recorded in Book 158 of Town Lot Deeds on page 515 of the records in the office of the recorder of Scott County, Iowa. Purchaser agrees to purchase said real estate for the sum of $1700.00, of which sum $500.00 has been paid, and the balance of $1200.00 shall be paid as follows: $6.00 on Friday of each week commencing December 8, 1944, which payments shall include interest at the rate of 5% per annum, until the purchase price is paid in full. ~~~~~~~~~~~~~~~~~ No. 55 CECILIA H. TREHORNE and S. D. TREHORNE, ) WARRANTY DEED wife and husband ) Dated: Nov. 6, 1945 ) Ack'd: Nov. 6, 1945 To ) Filed: Nov. 7, 1945 ) Rec'd: 162 T.L.D., 320 WILLIAM GARROW ) Cons.: $1.00 & O.V.C. Conveys Lot 9 of Green Acres First Annex, being a part of the East Half of Southwest Quarter of Section 10, Township 78 North, Range 3 East of the 5th P.M. as per plat recorded in Book 11 of Miscellaneous Records on page 198 of the records in the office of the recorder of Scott County, Iowa; subject to a right of way over and across the South thirty feet of said lot, situated in Scott County, Iowa. There is also hereby granted to the grantees herein a right of way, together with other owners in Green Acres and Green Acres First Annex Additions, over and across that tract of real estate designated upon said plats "Reserved for Right of Way" so as to give the grantee herein egress and ingress to Division Street Road. Subject further to the conditions and restrictions as set out in deed of John A. Hornby to Charles Madden and Nora Madden in the office of the recorder of Scott County, Iowa. Recites that this deed is made pursuant to a written contract bearing date December 1, 1944, made by the grantors above named for the sale of the above described real estate to the grantee above named, which contract was filed for record on March 8, 1945, and recorded in Book 26 of Miscellaneous Records on page 158 in the office of the recorder of Scott County, Iowa." $2.20 U.S. Internal Revenue Stamps affixed and cancelled. ~~~~~~~~~~~~~~~ No. 56 WILLIAM GARROW and MARIE GARROW, ) WARRANTY DEED his wife, ) Dated: Nov. 6, 1945 To ) Ack'd: Nov. 6, 1945 WILLIAM CLOUGH and GRACE CLOUGH, ) Filed: Nov. 7, 1945 husband and wife, as joint tenants with full rights of ) Rec'd: 162 T.L.D. 321 survivorship to their survivor, and not as tenants in ) Cons.: $1.00 & O.V.C. common, and to the heirs and assigns of their survivor. ) Conveys Lot 9 of Green Acres First Annex, being a part of the East half of Southwest Quarter of Section 10, Township 78 North, Range 3 East of the 5th P.M. as per plat recorded in Book 11 of Miscellaneous Records on page 198 of the records in the office of the recorder of Scott County, Iowa; subject to a right of way over and across the South thirty feet of said lot, situated in Scott County, Iowa. There is also hereby granted to the grantees herein a right of way, together with other owners in Green Acres and Green Acres First Annex Additions, over and across that tract of real estate designated upon said plats "Reserved for Right of Way" so as to give the grantee herein egress and ingress to Division Street Road. Subject further to the conditions and restrictions as set out in deed of John A. Hornby to Charles Madden and Nora Madden in the office of the recorder of Scott County, Iowa. $1.65 U.S. Internal Revenue Stamps affixed and cancelled. ~~~~~~~~~~~~~ No 57 T A X E S COUNTY AND STATE (Davenport Township): 1935 - 1945, inclusive, Paid. No Unpaid Old Age Assistance Taxes in Scott County, Iowa against Earl Appleby, William Clough, Grace Clough, William Garrow, D. L. Rodges, Roselyn Hodges, John A. Hornby, Charles Madden, Nora Madden, Cecilis H. Trehorne, Lydia Wilder, or Melvin R. Wilder. 1944 Dog Tax (1945 Dog) of Wm. B. Garrow, Route #3, Davenport, Unpaid, $2.00. NO SPECIAL ASSESSEMENTS. ~~~~~~~~~~~~~~~~~~~ C E R T I F I C A T E We, Phelps & Vollertsen hereby certify that the foregoing is a true and correct Abstract of Title to the real estate described in the caption thereof to and including February 28, 1946 at 5 o'clock P.M., showing all matters of record affecting the title to the said real estate, including Judgments, Suits Pending, Mechanic's Liens and Other Encumbrances, as shown by the records of Scott County, Iowa. We further certify that there are no Judgments, Suits Pending, Bankruptcy Proceedings, Notices of Tax Liens or Other Liens affecting the title to the real estate under examination in the District Court of the United States for the Southern District of Iowa, Davenport Division, during the ten years immediately preceding this date. Dated at Davenport, Iowa, this 28th day of February, 1946 at 5 o'clock P.M. PHELPS & VOLLERTSEN By Lowell D. Phelps Attorneys and Abstracters
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