The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-12-10
On the Chancery side of the District Court for
the county OF Louisa Nov. term 1910.
n David Mortinore, Bill for relief. In

On the Chancery side of the District Court for
the county Of Louisa Nov. term 1910.
II David Mortinlore, Bill for relief In
VS.. : junction, and Ne
Levi Rice g. Cicero NJ. Ives Exeat.
KxTIiEREAS the above named David Nor
w timorc has exhibited his bill of com:
paint against the said Levi Rice and Cicero
NJ. Ivcs, in the District Court, fer the county
OF Louisa aforesaid, praying fer relief, gene
rally, in the premises, set forth in said bill,
and for specific performance of certain writ
ten contract entered into between the said
Mortmore and the said Rice, under the hands
and seals Of the said Mortimorc and Rice,
dated The 10Th day of June 1910, for the sale
of su.idry tracts Of land, lying in township
No IS, Of range west, in Louisa county
aforesaid, and containing, among other lands,
the west llals Of section No. 81, in the town
ship aforesaid, which included most of the plat
of land surveyed and laid off for Columbus
city, and for which said lands, so purchased,
and embraced in said contract. the said Nor
timoFe, subsequently,, on the 25th day OF lune,
1910, executed his two several promissory
notes, to the SAID Rice, the one for three thous-
aud dollurs, and the other fer $1,000. payable at
the end of FIVE years from date, with = per cent
interest thereon, the interest payable annually,
and the bill charging, the said Rice, among
other things, with having fraudulcntly caused
the said half section of land No. 81, TO be left
out of the deed OF conveyance, which, by
said written contract, he, the said Rice, had
bound himself to execute to the said Morti-
more. with intent TO cheat and dcfraud the
esid Mortimcrc out Of said half section OF land.
And further, charging the said Rice with q
fraudulent collision with the said Ives, and
with having conveyed the said half section of
land no. 81, to the said Ives, to cover the
~ CO 10 Il
and charging the said Ives with frauduiently
combining with the said Rice to delraud,
and injure the SAID Mor,imore in the prcmi-
ses, and with having taken deed of said
half section of land from the said Rice, with
q full knowledge of the contract aforesaid,
and of all the circumstances detailed III SAID
bill, and that SAID conveyance from the said
Rice To tho said Ives, was without any legal or
valid consideration, and made with full notice
that the said Rice was bound to convey the
said half section Of land no. 81, to the SAID
Mortiniore, and that the sale Of the same from
the said Rice 10 the said Ives is fraudulent and
void and praying that the same may be de-
creed 10 be set aside and annulled, and fer a
.pecihc performance, on the part of tho said
Rice, Of his contract aforesaid, and for an in.
junction against the said Rice to restrain him
from negotiating or IN any way of disposing
Of either of said notes given by the said Nor
timorc for the purchase Of said lands as afure-
said. And further enioining both Of the said
attendants, the said Rice and Ives, and all
others. their agents or attornies from selling
conveying or in any way or manner oil dis
posing Of any part OF said half section of land
no. 81, before mentioned. And praying fur
ther for Il writ OF Ne Exeat, against the sale
defendants, il they shall be found in sale
LGu,sa county, TO compel them to give scctlri
" not to leave this Territory, until the fur
Their order Of said court in the premises agree
ably to the statute in such cases made ant
provided, and for writ of Subpoena, to com
pei the said defendants to- appear and, an
swer the coGplainants said bill as is usua
in Ike cases, returnahle TO the present tern
Of said court. And whereas the said Subpu,na
against The said Rice, has been returned Nor
Est. and the said Mortnore has fled hi
petition in said court, in said cause, setting
forth, among ether things, that lie has beer
inforinea and verify believes that the sait
abroad to parts unknown to the said MORT
more. and that he abscnts himself to avoid tho
process Of tie court IN this cause, and tina
process cannot he served upon him, and pray
ing for an order Of publication against hin
IL al absent defendant as the statute provides
al! which is ordered by said court. Therefore
the said Levi Rice, defendant in this cause i
hereby notified and required to appear to sal
cause and demur, plead or answer to said bill
Of complaint, on or before the first day Q
February, ls4l, or said bill will be taken q
confessed by him, and decree will pas
sguipst lin accordingly; provided, that
copy OF this order be published in the fiawk
eye and PsHict, printedat Burlington, one
a week, fee six successive weeks, before til
said first day of February next. By order,
Zadak C.. [nnhram, Clerk.