The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-03-25

Territory of Iowa,
Des Mones County.
District Court for said County, to February
Term, lo4l.
John Holton,
vs..
Samuel NJ. Lambard, & { Dill IN ehahcery'
Archibald H. Lambard.
FGNHE said Defendants, Samuel NJ. Lambard
i and Archibald H. Lambard, will hereby
take notice that on the 10Th day OF January
A. D., l64l: the said complainant filed in the
Office of the clerk of the District Court for
said county, his certain Bill of Complaint,
representing in substance, that Samuel NJ.
Lombard on the Sth day of May, 1910, was
indebted to the said complainant in a certain
sum then due and owing, &C., for the re-
covery of which the said complainant insti-
tuted an action Of Assumpsit in said District
Court, and at the same time sued out OF
said court, writ Of attachment against the
lands, tenements, goods and chatteis, &C., Of
said Samuel M. Lambard, which said at
tachment was personally served on said Lam
bard and levied on the llth day of May,
1910, on lots No. sos, and 696, in the city
of Burlington in said county, and on the lol-
lowing described piece or parcel OF land,
situate In said county, to.wit Lot No. 9, in
Section No. 5, OF Township 50, N. Range
No. 2 west, beginning at point IL rods, +
feet from N. w. corner Of the land convey
ed by Benjamin Tucker and wife, to Richard
F. Barrett, which said beginning point, Is n.
degrees, 10 minutes east OF Barrett's corner,
thence N. degrees, ~ minutes, east ~ rods,
thence west 80 rods, thence north parallel
with first mentioned line, 20 rods, thence
east to the place Of beginning, and contain
ing four acres. And also, that at the Octo-
Der term Of said court, 1910, said complain
:.,l- met caiH
bard in said action for 1898, 20, together with
costs OF suit, &C., and that at the time of
the rendition of said judgment nor since, had
said Lambard any property or effects IN the
jurisdiction of said court, that could be
reached bv execution. And also, that the said
lots, sos and 696, attached as aforesaid. as
the property Of said Lambard, have not been
sold under execution aforesaid, judgment in
consequence of the said Lambard not having
any title nor interest in the same that could
be sold, the title to the same, still beng IN
the Government of the United States. And
also, that previous to the institution OF said
suit as aforesaid, the said Samuel NJ. Lam
bard, bargained with one Benjamin Tucker
of said county, for the above described tract
or parcel OF land, situate as aforesaid, for the
purchase Of the same for which the said
Tucker and wife, executed to the said Lam
bard, a title bond for deed, when the said
Lambard should comply with the conditions
therein named, to-wit: the payment of a GER
tain sum of money, &c. &c. And also, that
on the 29th day of April, 1910, the said
Samuel M. Lambard, intending to defraud
said complainant out of his just demands a
gainst him, combined with one Archibald
II. Lambard, (son of said Samuel M. Lam
bard) to defraud complainant, as aforesaid,
out of the said sum of 1893 20-1O0, and in
tending wholly to deprive the complainant;
Of any means to secure the payment of the
same; fraudulently procured the deed for the
above mentioned four acre tract of land, land
for which said Samuel NJ. Lambard held the
title bond) of said Tucker and wife, as afore-
said free deed, in fee simple, to be made and
executed by said Tucker and wife, to said
Archibald IL. Lambard, said deed being ex-
ecuted on the 18th Of April, ls4O, and that
the said Samuel M Lambard, paid the pur.
chase money therefor, to the said Tucker and
wife, as aforesaid, out of his own proper
funds, &C., said complainant also, prays a
decree of said court, for the sale Of the said
four acre tract or parcel of land, described
as aforesaid, to satisfy the said judgment Of
1898 20, together with costs, Sc. Whereas
a summons has been issued in this case, a
painst the said Samuel Nj. Lambard and Ar
chibald H. Lambard, which has been return
ed non est inpentus. Now unless the sale
Samuel NJ Lombard and Archibald H. Lam
bard shall personally be, and appear before
the said court, sitting as Court of Chancery
on the first day of the next term thereof
and answer the charges and allegations SCI
forth in said bill of complaint, the same shall
he taken as confessed, and decree entered
accordingly. JOHN 5. DUNLAP,
Il Nj. D. BROWNING, CLERK.
!. Sol'r. for Comp't.
u March 1s-6t az