The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-12-31

On the Chancery side of the District Court 70
n the county Of Louisa Nov. term 1910.
David Mortimore, } Bill for relief. In
VS.. junction, and n.
Levi Rice e. Cicero NJ Ives Excat.
WHEREAS the above named David Nor
w timore has exhibited his bill of com
plant against the said Levi Rice and Cicero
M. Ives, in the District Court, for the county
of Louisa aforesaid, praying for relief, gene
rally. in the premises, set forth in said bill
and for aspecihc performance of a certain writ
ten contract entered into between the said
Mortimore and the said Rice, under the hands
and seals of the said Mortimore and Rice
dutcd the 10Th day of June 1910, for the sale
of snndry tracts Of land, lying in township
No Is, of range west, in Louisa county
aforesaid, and containing, among other lands,
the west half 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
aud embraced in said contract, the said Nor.
tmore, subsequently,, On the s5th day of June,
lS40. executed his two several promissory
notes, to the said Rice, the one for three thous-
and dollars, and the other for $1,000, payable at
the end Of fveyear from date, with 6 per cent
interest thereon, the interest payable annually,
and the bill charging, the said Rice, among
other things, with having fraudulently caused
the said half section of land No. 81, 10 be left
out Of the deed Of conveyance, which, by
said written contract, be, the said Rice, had
bound himself to execute. to the said tMorti.
more, with intent to cheat and defraud the
said Mortimore out Of said half section Of land
And further, charging the said Rice with a
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
same for thu. use and benefit Of the said Rice.
and charging the said Ives with .fraudulently
combining with the said Rice to defraud,
and injure the said Mortimore in the premi-
ses, and with having taken deed of said
half section of land from the said Rice, with
full knowledge of the contract aforesaid,
and of all the, circumstances detailed in said
bill, and TINT said conveyance from the said
Rice to the said 1ves,w without any legal or
Wild 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
Mortimore, and that the sale Of the same from
the said Rice TO the said Ives is fraudulent and
void and praying that the same may be de-
creed to be set aside and annulled, and for a
specific performance, on the part of the 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
sumore for the purchase of said lands as afore-
eaid. And further enioining both OF the said
defendants, the said Rice and Ives, and all
others, their agents OF attornies from selling,
conveying or in any way or manner OF dis
posing of any part Of said half section of land,
no. 81, before mentioned. And PRAYING fur
thcr for writ of Nc Excat, against tie said
defendants, if they shall be found in said
Louisa eosnty, to compel them to give securi.
ty MOTTO leave this Territory, until the fur.
Their order Of said court in the premises agree.
ably to the statute in such cases made and
provided, and for a writ Of Subpoena, to COM
pei, the said defendants to appear, and an
swer the colsplainants said bill as is usual
in like cases, rcturnable to the present term
OF said court. And whereas the said Subpoena
against the said Rice, has been returned Non
Est, and the said Mortmore has filed Ills
petition in said court, in said cause, setting
forth, among other things, that lie has been
informed and verify believes that the said
Rice has left this Territory, and has gone
abroad to parts unknown TO the said Morti-
more, and that he absents himself to avoid the
process Of the court in this cause and that
process cannot be served upon him, and pray
ing for an order of publication against him
gas an absent defendant as the statute provides,
call which is ordered by said court. Therefore,
the said Levi Rice, defendant in this cause. Is
hereby notified and required to appear to said
cause and demur, plead or answer to saidsbili
Of complaint, on or before the first dayssof
February, lS4i, or said bill will be taken us
confessed by him, and decree will pass
against him accordingly provided, that a
coRy Of this order be published in the Hawk
isatt Patriot, printed at Burlington, once
81 week. for six successive weeks, before the
said fESt day Of February next. By, order, !.
laoat aaia iZadoks G.FInghram, Clerk, i
and ErcGeio Registeria Ghancery.l
sppelio. dec 8 l840-6t-27 hsa Il,
TSLDuR. ard Meal, constantly On hand and
4 s2ssr naic " D. R. CODN8