The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-12-03
On the Chancery side OF the District Court for
the county of Louisa Nov term 1910.
David Mortimorc, } Bill for relief In

On the Chancery side OF the District Court for
the county of Louisa Nov term 1910.
David Mortimorc, } Bill for relief In
VS.. junction, and Ne
Levi Rice 6, Cicero NJ. Ives Excat.
WHEREAS the above named David Nor
w tmore has exhibited his bill of com
plant against the said Levi Rice and Cicero
NJ. 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 Nlortimore and Rice,
dated the 10Th day of June 1910, FOR the sa lie
OF sundry tracts Of land, lying in township
No IS. of range 4 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
tmore, subsequently,, on the 25th day of junc,
1910, executed his two several promissorv
notes. to the said Rice, the one for three t,lous-
and dollars, and the other for $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
oat OF the deed OF conveyance, which, BY
said written contract, he, the said Rice, had
bound himself to execute to the said Morii
more, with intent to cheat and defraud the
said Mortmore out of said half section OF land.
And further, charging the said Rice with Il
fraudulent collision with the said Ives, and
with having conveyed the said half section Of
land no. 81, to the said Ives. 10 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 deiraud,
and lniurc the said Mortmore in the prem.
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 that said conveyance from the said
Rice to the said Ives, 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
Mortinore, 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 Deem
ed 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 rcstrain him
from negotiating or IN any way of dsposing
of either of said notes given by the said Nor.
timore for the purchase Of said lands us afore-
said. And further enjoning both Of the said
defendants, the said Rice and Ives, und 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.
ther for writ of Ne Excat, against the said |
defendants, if they shall be found in said |
Louisa county, to compel them to give sncuri- |
ty not to leave this Territory, until the fur.
ther order of said court in the premises agree.
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
swer the complainants said bill as is made
in like cases, returnable TO the present term
OF said 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 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 up5G him. and pray
ing for an order of publication against him
us 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 notified and required to appear to said
cause and demur, plead or answer to said bill
of complaint on or before the first day OF
February, 1871, or said bill will be taken us
confessed by him, and decree will pass
against him accordingly; provided, that
copy Of this order be published in the Hawk
eye and Patriot, printed at Burlington, once
week, for six successive weeks, before the
said first day OF February next. By order,
Ladok c. Lnghram, Clerk,
and Er.o6fcio Register IN Chancery.
Wappello, dec 3 lS4O-6t-:s7