The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-12-17
On the Cbancery side Of the District Court for
the county of Louisa Nov. term 1910.
David Mortimore, Bill for relief; In

VS.. junction, and Ne
Levi Rice & Cicero NJ. Ives Excat.
VXTHEREAS 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 specific performance of 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,
dated the 18th day Of June 1910, for the sale
of sundry tracts Of land, lying in township
No rs. Of range a 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 ard laid off for Columbus
city, and for which said lands, so purchased,
and embraced in said contract, the said Nor
timore, subsequently,, on the 25th day of Iune,
1910, 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 Ave years from date, with 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, 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 defraud the
said hfortimore 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 the 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 q deed of said
half section of land from the said Rice, with
u full knowledge of the contract aforesaid,
and of all the circumstances detailed in said
bill, and that said conveyance from the said
Rice to the said Ives, was without any legal or
valid consideration, and made with fui! 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 fer a
specific performance, on the part of the said
Rice, of his contract aforesaid, sand 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
timore for the purchase of said lands as afore
said And further enjoining both Of The sale
defendants, the said Rice and Ives, and al
others, their agents or 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
Their for writ of Ne Excat, against the sale
defendants, if they shall be found in salt
Louisa county, to compel them to give securi
ty not to leave this Territory. until the fur
ther order of said court in the premises agree
II Ak ak do NM
provided, and for writ Of Subpoena, to com
pei the said defendants to- appear and an
swcr the compliments said bill as is usua
in like cases, returnable to the present term
Of said court. And whereas the said Subpoena
against the said Rice, has been returned Nor
Est, and the said Mortimore has filed hi.
petition in said court, in said cause, setting
forth, among other things, that he has beer
informed and verify believes that the sale
Rice has left this Territory, and has gone
abroad to parts unknown to the said aiorti
more, and that he abscnts himself to avoid tn,
process Of the court in this cause, and tina,
process cannot be served upon him, and pray
ing for an order of publication against hin
as an absent defendant as the statute provides
all which is ordered by said court. Therefore
the said Levi Rice, defendant in this cause. il
hereby notified and required to appear to salt
cause and demur, plead or answer to said bill
of complaint, on or before the first day o
February, 1871, or said bill will be taken a
confessed by him, and u decree will pas
against him accordingly provided, that ;
cory Or this order be published in the Hawk
eve and Patriot, printed at Burlington, ono,
a week, for six successive weeks, before tn,
-said first day of February next. By order,
Zalok G. Inghram, Clerk,
and EaoJfcio Register N chaecery
b yyappello, dec 3 lS40-6t-27 e