The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-03-18

Territory of Iowa, T..
Des MONIES County. So
District Court for said County, to Februar
Term, 1s41.
Crafts ), =, Wright Bill Bill for Id1juncto
| William Wilson King,( Mortgage.
d George w. Kelly.
| "ILLIAM Wilson King, one Of the de
w PENDANTS in this suit will hereby taxi
notice, that on the 9Th day of February, 1871
the said complainant, by Henry w. Starr
and David Rorcr, his Solicitors, filed il
the office Of the Clerk of the District Cour
Tor said County, his certain Bill OF Complain
against the said William Wilson King, ant
George w. Kelly, representing in substanc,
on the LIST day OF October A. D., 1888, tn,
said George w. Kelly, executed TO the sait
complainant, mortgage deed of certain
house and lot of land, situate in the TowI
of Burlington, in said county, known ant
described ON the plat Of said Town, as plat
ted by the Surveyor of the United States, as
lot numbered tifty-fve, (Al conditioned lol
| the payment of several promissory notes bear
ing even date with said mortgage deed, ono
note for the sum OF $3.50 ~ cents, payable
h'hI dllCl Sdiu udLC, Will LAWFUL
tcrest Also, one note for the sum Of $3.50
~ cents, payable in twelve months after the
said date, with like lawful interest. Also
one note for $3.50 10 cents, payable fiftcei
months after said date with like lawful inter
est, and that the said George w. Kelly, die
not pay said notes as stipulated in the con
dition of the said mortgage deed, and that the
same are now due, and unpaid, and also re
presenting that prior to the execution Of suid
mortgage deed, certificate of presumption
was granted by the commissioners appointed
under an act of Congress, approved July I'd,
1886, entitled an "act for laying off the towns
of Fort Madison, &C., and for other purposes
and the act amendatory thereto, approved
March Sd, 1897, to the said George w. Kelly,
to the said lot, No. So, TAI situate as aIore.
said, BY which said certificate, the said Kelly
became entitled to purchase from the Govern.
msnt of the United States, said lot, when
the same should be exposed to sale, &C., and
that for some irregularity in the proceedings
OF said commissioners or some other reason
the Government has hitherto declined offering
for sale the lots in said town Of Burlington, to
which certificates Of presumption had been
granted as aforesaid, unless the holders there
of or the assignees thereof, should relinquish
all claim against the United States, by virtue
ofsuch certificates, and also that for the purpose
of Perfecting the title to said lot, in said
Kelly, and the complainant's lien on the
same, an agreement was entered into between
the said Kelly, and Henry w. Starr, Attorney
in fact of said complainant, that said Kelly
should relinquish to the U. S. his presumption to
said lol, and that it should be bought by said
Kelly, in his own name, and also that the
citizens oi the said town OF Burlington, for
their mutual convenience, had selected David
Hendershott, Esq, to act for them in bidding,
ard buying the respective lots, and had fur
nished said Hcnjershott, u list of their names
and the respective lots which they clainled,
which he was to buy if practicable at the sale
OF said lots, in their names respectively, and
that said Kelly, by said agreement, was to
procure his name to be entered on said list
of names, as claimant for said lot, No. So
| A and also by virtue Of said agreement, the
said Kelly did relnquish said lot, to the u
States, as aforesaid, and procured his name
to be registered on said list, as claimant
thereof, for the benefit Of said complainant
and himself, and that ;aid lot was SO entered
on the list furnished to said Hendershott
that OH the morning Of the sale of said lot
to wit: the Cd day of February, 1871, the
said Kelly, with base determination to de-
fraud the said complainant after the sale hac
commenced and "a few minutes prior to the
SdiC VI ttiC 1UoFc Ill dUSCHCt
OF the said complainant, or his Attorney il
fact, and without consent or knowledge o
either, procured his own name to be stricken
from the list so furnished to said Hendershott
and the name OF the said William Wilson
King, to De inserted on said list as rghtfu
ciai!liant TO said lot, and also, that said Aims
was at that time resident Of st Louis, Mis-
souri,, and absent from the Territory, and hat
no claim 10 said lot whatsoever, nor an,
knowledge Of the design or purpose of sal,
Kelly, to buy the said lot for MIN. And tina
said lot was bought in the name Of said King
| Tor the purpose OF defrauding the SAID com
plainunt, and if possible cut Off his lien b
virtue of the said mortgage deed, and tc pre-
vent said complainant from recovering sal,
debt, and also, that u certificate OF said lot
was issued to said Kelly in said King rane
and the purchase money, therefor, paid By
said Kelly, out of his own funds, as com
panant believes, and that said Kelly is now
the beneficial owner of said lot, &c. Sale
bill prays that upon a hearing of the matter
alleged in said bill, the Court may decree
foreclosure Of said mortgage deed, and tina
SAID King be decreed to convey said lot tt
any purchaser at any sale, under such de
cree of foreclosure, and that a writ of IN unc
ton may be issued enjoining the said William
Wilson King, not TO convey, incumber OF
otherwise dispose of said lot, Nc. So, A ant
cnjoining all persons from contracting in any
way for the purchase of the same, and where
as writ of mi JUNCTION and summons wa.
issued against the said William Wilson King
in this case on the said 9th day of February
1871, which have been returned non est in
uentus. Now unless the said William Viii
son King, shall personally be, and appear be
fore the District Court, Tor said county, set
tine as Il Court in Chanccry on the first da
OF the next term thereof, and answer on hi
corporal oath, the several charges and al
legations, set forth in said bill OF com laint
the same shall be taken as confessed, and
decree entered in the premises accordingly, ant
that IN the mean Time, the said William
Wilson King, and all other persons are here
by enjoined as prayed for, in SAID complain
ants bill, until further order of the sait
Court, in the premises.
JOHN S. DUNL AP, Clerk.
HENRY w. STARR s.
DAVID RoRER, soils. for Comprs.
March / / st al