The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-01-14

Territory Of Iowa, Des Moines County, S..
District Court, for said county to the Feb.
81 mary Term thereof, a. D.. 1910.
Josiah Lucky Bills in Chanccry for
VS.. an Injunction and Re-
William Buchanan. J lief
YTytIE said William Buchanan will hereby.
take notice. that on the Oath day Of
: NAV. A. D., 1910, the said complainant by
NJ. D. Browning ESQ.,. his solicitor, filed in the
Office Of the Clerk of the District Court for
said county. his certain Bill of Complaint
against the said Defendant, supported by the
oath of the said Complainant, representing
that in tic spring of 1888, he placed in the
hands OF Joseph Swopc, constable. in and
Cor said county, notes for collection or safe
keeping, ono of which said notes was exe-4
cuted by Nicholas Winterstein and Gideon
b. Alexander. on the 18th day of May, 1888,
for the sum oe seventy two dollars and fifty
cents, pa yablc on or before the LIST day of
October, 1888, to the said complainant, or to
his order, and that none Of the 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 i,nme-
diately after placing them in 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 /;
end said notes by some means got into the
hands of different persons, who set up and
claimed the right to collect and receive paw
ment, 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
use 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-
deavofing 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 Luckcy. or to
order, and that the same is not endorsed by
him, and also representing that at the May
term, Of said District Court, 1910, Judgment
was rendered by default against said Winter
stein 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, returnable at the October
torn of said Court, 1910, which was returned
by the Sheriff, MN 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, 1s4l, and answer On his corporal
cath, the clarges and allegations set forth in
said bill of complaint, the same shall be ia.
ken as confessed, and a decree entered in the
premises accordingly. Nov 23d, 1910.
John S. Dunlap, Clerk,
NJ. q. Browning, Solr. for Compt.
dec3-6t-27