The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-04-15

Territory of Iowa,
Des Moines County.
District Court for said County, to February
Term, Is4l.
John Holton,
Samuel NJ. Lambard, & Bill in Chaneery.
Archibald II. Lambard.
lvANHE said Defendants, Samuel M. Lambard
Il and Archibald H. Lambard, will hereby
take notice that on the 18th day Of January
"A. d., 1871. the said complainant filed in the
| Office of the clerk of the District Court for
said county. his certain Bill Of Complaints
representing in substance, that Samuel NJ
Lambard ON the 9Th day of May, 1910, was
| indebted TO the said complainant in certain
sum then due and owing, &c, for the re-
covcry of which the said complainant instr
tuted an action Of Assumpst in said District
Court, and at the same time sued out Of
said court, writ Of attachment against the
lands, tcnements, goods ard clIatteis, &C., Of
said Samuel Nj. ],ambard, which said ut.
tachment was personally served on said Lam.
bard and levied on the 18th day OF May.
1910, on lots No. 695, and 696. in tho city
of Burlington in said county, and on the fol.
lowing described piece or parcel OF land,
situate IN said county, TO wit: Lot No. 9, in
Section No. S, OF Township 60, N. Range
No. west, beginning at point Is rods, s
feet from N. w. corner Of the land convey.
ed by Benjamin Tucker and wife, 10 Richard
+. Barrett which said beginning point, is ".
! degrees, ~ minutes east Of Barrett's corner,
thence ~ Z degrees, ~ minutes, east % rods,
thence west 81 rods, thence north parallel
with first mentioned line, 20 rods, thence
east to the place OF beginning, and contain
ing Iour acres. And also, that at the Octo-
Der term of said court, lo4O, said complain
ant recovered judgment against said Lam.
bard in said action Tor $780,, ~, together with
costs OF suit, &C., and that ut 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 bo
reached by execution. And also that the ga id
lots, 695 and 696, attached as aforesaid. as
the property o! 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 being 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 Vi the same for which the said
Tucker and wife, executed to the said Lam.
bard, title bond Tor deed, when the said
Lambard should comply with the conditions
therein named. to-wit: the payment of a Ger
tain sum OF money, nc. &c. And also, that
on the, 18th day Of April, 1o4U, the said
Samuel NJ. Lan,bard, intending TO s.efr4ud
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 1898 2u-luD, and in.
tending wholly to deprive the complainant.
Of any means TO secure. the payment Of tho
same; iraudulently procured tic deed for the
above mentioned Tour aero tract OF l;.nd, land
for which said Samuel NJ. Lambari held tho
title bond) of said Tuckeraand wife, as ufore-
said free deed, in fee simple, to be made and
executed by said Tucker and wife. 10 said
Archibald ii. Lambard, said deed being ex.
ecuted on the 18th OF April, sS40, and that
The said Samuel NJ Lambard, paid tile pur.
chase money therefor, TO the said Tucker and
wife, as aforesaid out oil his osn proper
funds, &c, said complainant also, pravs
decree Of said court, for tie sale Of the sa ID
four mere tract or parcel Of land, described
as aforesaid. to satisfy the said Judgment Of
1893 N, together with costs, Is. slhereas
q summons has been issued in this case =.
gainst the said Samuel M. Iambard ana Ar.
/ chihald II Lambard, which has been rctnrn.
ed non est iaUentus. Now unless The ssid
Samuel VI. Lambard and Archibald IA Lam.
bard, shall personally be, and appear before
the sa,d court sitting as Court Of Chancery,
/ on the first day OF the next term tt,ereof.
and answer the churges and allegations set
forth IN said bill Of complaint, the same shall
/ be taken as confessed, and 4 decree entered
aceordinsly. JOHN s. DUNLAP,
/ Clerk.
/ BRowHiSG s. BcuToN,
Soi'rs. for Compt.
! March ls-6t "a