The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-01-14
On the Chancery side OF the District Court for
the county of Louisa Nov. term 1910.
David Mortimore, Bill for relief. In

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On the Chancery side OF the District Court for
the county of Louisa Nov. term 1910.
David Mortimore, Bill for relief. In
VS.. function, and Ne
Levi Rice s. Cicero NJ. Ives Exeat.
vTTHEREAS the above named David Nor
w timore has exhibited his bill of com
plant against the said Levi Rice and Cirero
M. Ives, in the District Court, for the county
Of Louisa aforesaid, praying for relief, gene
rally, in tho premises, set forth in said bill,
and for aspeciGc performance Of certain writ
ten contract entered into between the said
hertiniore and the said Rice, under the hands
and seals Of the said Mortimore and Rice,
dated the 10Th day of June 1910, FOR the sale
Of sundry tracts Of land, lying in township
No IS, Of range a 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
timore, subsequently, on the 25th day of Iune,
1910, executed his two several promissory
notes, to the said Rice. the one for three thous-
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 fraudulently caused
the said half section of land No. 81, to be left
out of the deed OF conveyance, which, By
said written contract, he, the said Rice, had
bound himself to execute to the said Morti-
more, with intent to cheat and defraud the
said Mortimore out Of said half section ofaland.
And further, charging the said Rice with a
fraudulent collision with the said Ives, and
with having conveyed the said half section of
land no. 81, to the said Ives, to cover the
same for the use and benefit OF the said Rice,
and charging the said Ives with fraudulentiy
combining with the said Rice to deiraGd,
and iniure the said Mortimore in the premi-
ses, and with having taken deed of said
half section of land from the said Rice, with
a full knowledge of the contract aforesaid,
and of all the circumstances detailed in said
bill, and that said conveyance from the said
lice to tie said Ives, was 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
MOrtmore, and that the sale Of the same from
the said Rice to the snid Ives is fraudulent and
void /; and praying that the same may be de-
creed to be set aside and annulled, and fer a
specific performances, on the par: of the said
Rice, of his contract aforesaid, and for an in
junction against the said Rice to restrain him
from negotiating or in any way of dsposing
Oh eItIieI VI SdiO ttoISS given ny tuc Sdlu 1ioA :
tin1ore for the purchase of said lands as afore-
said. And further enjoining both Of the said
defendants, the said Rice and Ives, and 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 Eycat, against the said
defendants, if they shall be found in said
Louisa county, to compel them to give secur-
~ not to leave this Territory, until the fur
ther order of said court in the premises agree.
ally to the statute in such cases made and
provided, and for writ Of Subpoena, to com-
pei the said defendants to appear and AM
swer the compliments said bill as is usual
n like cases, returnablc 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 abscnts himself to avoid the
process Of the court IN this cause, and that
process cannot be served upon him, and pray
ing for an order Of publication against him
as 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 ard demur, plead or answer to said bill
Of complaint, on or before the first day Of
February, H4l, or said bill will be taken as
confessed BY him, and decree will pass
against him accordingly provided, that a
eye and Patriot. printed at Burlington, once
Sd week, for six successive weeks, before the
said FIRST dav of February next. By order.
ZadOk e. .vnUhram GIorE ~