The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-12-24
On the Chancery side of the District Court for
the county Of Louisa Nov term 1910.
David Mcrtimore, } Bill for relief. In

On the Chancery side of the District Court for
tho county Of Louisa Nov. term 1910.
David Mcrtimore, Bill for relief. In
VS.. junction, and Ne
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 specific 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 aud Rice,
dated the 18th day Of June 1910, for the sale
Of sundry. tracts Of land, lying in township
No IS, 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 and laid off for Columbus
city, and for which said lands, so purchased,
aud embraced in said contract, the said Nor
timore, subsequently, on the 25th day of June,
1916, 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 FIVE yeurs from date, with per cent
interest thereon, the interest pa able 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 Mortimore out Of said half section Of land.
And further, charging the said Rice with
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 injurc the said Mortimore in the prem.
ses, and with having taken deed of said
half section Of land from the said Rice, with
q full knowledge of tile contract aforesaid,
und 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 full notice
that the said Rice was bound to convey the
said half section of land no. 81, to the said
Mortimcre, 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 to be set aside and annulled, and for
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
tiniore for The purchase Of said lands as afore-
euid. And further cnjoining both Of the said
defendants, the said Rice and Ives, and all
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
thcr for writ of Ne Exeat, against the said
defendants, if they shall be found in said
Louisa county, to compel them to give securi-
ty not to leave this Territory, until the fur
xlor1 IL r. al
ably to the statute in such cases made and
provided, and for writ Of Subpoena, to com
pei the said defendants TO appear and an.
swey the compliments said bill as is usual
s in like cases, rcturnable TO the present term
o! aaid court And whereas the said Subpoena
against the said Rice. has been returned Non
Est, and the said Mortimore has filed his
petition in said court, in said cause, setting
forth, among other things, that he has been
informed and verify believes that the said
Rice has left this Territory, and has gone
abroad 10 parts unknown to the said Mort-
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
as an absent defendant as the statute provides,
all which is ordered by said court. Therefore,
the said Levi Rice, defendant in this cause, is
hereby nstified and required 10 appear to said
cause and demur, plead or answer to said bill
OF complaint, on or before the first day of
February, ls4l, or said bill will be taken as
olaftssed by him, and decree will pass
against him accordingly; provided, that a
cery OF this order be published in the Hawk
oss and Patriot. printed at Burlington, once
a week, for six successive weeks, before tho
said first day of February next By order,
Zadok C. Inghram, Clerk,
and Er-o6icio Register IN Chancery.
Wappello, dec 8 lS40-6t-27
I'M OUR and Meal, constantly on hand and