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

Territory Of Iowa, Des MONIES County, So
District Court, for said county, to the Feb
ruary Term thereof, ARD, 1870 VITO sHW
Josiah lalh Lucky y Billss'in lChancery lfor
William Buchanan. iief. IL,
YEvHE said William Buchanan will hereby;
lssgtake notice. thutf on the 9th day 81
May, A. D., 1910, the said complainant by
M. q. Browning Esq, his solicitor, filed in the
Office Of the Clerk Of the District, Court for
said county, his certain Bill Of Complaint
against. thessaid Defendant, supported by the
oath ofytthe said Complainant, representing
hands d Joseph swops, u constable as in and
for said county, notes for collection or safe
keeping, one of which said notes was exc
cuted BY Nicholas Winterstein and Gideon
B. alexander, on the 18th day of Mays 1888.
for the sum OF seventy two dollars and fifty
cents, pa yabie on or before the LIST day of
October, 1888, to the said complainant, or to
his order, and that none ofithe said notes had
been endorsed by the said complainant, nor
had he then, or since, parted with his interest
in said notes, or authorized any other person
TO transfer the same for him, and that ilnme-
diately after placing them Gin the hands Of
the, said constable for collection as aforesaid,
the said complainant left said Territory, and
was absent for several months, during which
absence, the said Swope departed this life
and said notes by some means got into the
hands of different persons, who set up and
claimed the right to collect and receive nav.
mcnt, for the same, without any authority
from said complainant for the same, and that
all of the persons thus holding and claiming
said notes, were informed of the true situa.
ton OF said notes by said complainant on his
return, which was Immediately after the
death Of said swope, and also that the note
above referred to, signed by Nicholas Winter
stein, and Gideon B. Alexander, by some
means got into the hands of the said William
Buchanan, who instituted suit upon the
same, in the District Court, for said county,
in the name of tie said complainant for the
uss of said William Buchanan, without any
authority so to do, and having been notified
by said complainant, of the true circum-
stances and situation of said note, he is en-.
deaSeEinE to enforce payment of the same,
greatly TO the prejudice and injury of said
complainant, and that the said note, was
made payable to the said Josiah Luckey or to
order, and that the same is not endorsed by
him, and also representing that at the Nav
term, of said District Court, 1910, Judgment
was rendered by default against said Winter
stcin and Alexander, for the full amount OF
said note with interest, &c, and whereas a
summons has been issued in this case, against
the said defendant, retnrnable at the October
term of said Court, 1910, which was returned
by the Sheriff, non est inrentus. Now unless
the said William Buchanan, shall personally
be, and appear before the District Court for
said county, setting as Court of Chancery
on or before the first day Of the next term
thereof, to be begun, and held at the Court
House, in Burlington, on the third Monday Of
February, lS4l, and answer on his corporal
oath, the charges and allegations set forth in
said bill of complaint, the same shall be ia.
hen as confessed, and decree entered in the
premises accordingly. Nov 23d, 1910. ii''
s5lts' John S. Dunlap, Clerk,
n. D. Browning, Solr. for Compt.
dec3-6t-27