The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-04-08

n"nes - VIZ urIh'sshees, vii! be applied 70 ~
payment OF the same with costs, fS4 - M sas
Frye B. HAzELTINE, elk Dc
r.. IL, BUokLANp, PIf's. Atty. 5.I,a
l ~ ! lo-l-sc -..a agr 81
Territory of Iowa, - -
Dcs Moines County. .
District Court for T. said CO.., eoGn'y 70 Febrp.
ern''s : vs. wright ht' b Bill I9june,
William y Wilson il; King, aalqrssasce.' .
y George w. Kelly. .,,.-r
1lLLlAM Wilson King, one Of Tho 4.
Wv PENDANTS in this suit will hereby ~, =.
notice, that on the 9Th day of February. lsi,'
the said complainant, by Henry WI. Star
and David Rorer, his Solicitors, filed =
the Office OF, the Clerk OF Tie District Cor, ~
for said County, his certain Bill OF Comphis,
against the said William Wilson King .ni
George w. Kelly, representing in substans
on the LIST day Of October A. D., 1898. Nc
said George W., Kelly, executed 70 The saa
complainant, a mortgage deed Of Certain
house and lot of land, situate in the Tom
Of Burlington, in said county, known and
described on the plat Of said Town, as ph.
ted by the Surveyor Of the United States.,,
lot numbered hlty-iive, TAI CONDITIONED ID
the payment of several promissory notes bear.
ing even date with said mort gage deed, On,
note for the sum of $3.50 70 cents, payabh
nine months after said date, with lawful i.
tercst. Also, one note for the sum OF $50
10 cents, payable in twelve months after ii,
said date, with like lawful interest. As,
one note for $3.50 10 cents, payable fifteen
months after said date with ike lawful inter.
est, and thatth said George W. Kelly, did
not pay said notes as stipulated in the CON.
dition of the said mortg decd, and that the
same are now due, and unpaid, and also re.
presenting that prior to the execution Of said
mortgage deed, Il certificate of pre.emp,iop
was granted by the commissioners appointed
under an act Of Congress. approved July %.
1886, entitled an ''act for laying off the towns
of Fort Madison, Sc, and for other purposes
and the, act amendatory thereto, approved
March Sd, 1881, to the said George w. Kelly,
to the said lot, No. SIS, IA situate as afors
said, by which said certificate, the said Kelly
became entitled. to purchase from the Govern.
ment 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, 10
which certificates Of presumption had been
granted as aforesaid, unless the holders there
of or the assignces thereof, should relinqush
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 compliments lien on tho
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 pre.emptionto
said lot, and that it should be bought by said
Kelly, in his own name, and also that the
citizens' OF the said town of Burlington, lOi
their mutual convenience, had selected David
Hendcrshott, Esq, to act for them in bidding,
and buying the respective lots, and had far.
nished said Hcndershott, list OF their name,
and the respective lots which they claimed,
which he was to buy if practicable at the sale
OF said lots, in their names respectively, and
that said Kelly, by said a greement, was to
procure his name to be entered on said lisl
of names, as claimant for said lot, No. %,
Al and also by virtue of said agreement, the
said Kelly did relinquish said lot, to the u
States, as aforesaid, and procured his nams
to be Registered on said list, as claimant
thereof, for the benefit of said complainant,
and himself, and that said lot was so entered
on the list furnished to said Hendershott,
that on the morning of the sale of said lot,
to wit the Cd day of February, lS4l, tho
said Kelly with u base determination 10 d,
fraud tho said complainant after the sale had
commenced and Il few minutes prior 10 ths
sale OF the above named lot, and in absence
of the said complainant, or his Attorney ID
tact, and without consent or knowledge Of
either, procured his own name to be stricken
from the list SO furnished to said Hendersholl,
and the name of the said William Wilson
King, to be inserted on said list as rightiui
claimant 10 SAID lot, and also, that said King
was att that tiniega resident Of st Louis, MIS-
souri,, and absent from the Territory, and NAG
no claim TO said lot whatsoever, nor any
knowledge Of the design or purpose OF saa
Kelly, to buy the said lot for him. And thai
said lot was bought in the name OF said hins.
for the, purpose Of dcfrauaing tile said CON-
plainant, and if possible cut off his lien y
virtue Of the said mortgage deed, and to pre-,
vent said complainant from recovering say
debt, and also, that q certificate OF saIde 10y
was issued to said Kelly in said King s name,
and the purchase money, therefor, paid y
said Kelly, out of his own funds, as CON.
plainunt believes, and that said Kelly il nos
the beneficial owner OF said lot, &c y gay
bill prays that upon a hearing Of the maufi
alleged in said bill, the Court may decree :.
foreclosure of said mortgage deed, and tha'
said King he ducreed. to convey said lot Y
any, purchaser ut any sale, under such es'
cree of foreclosure, and that a writ ofinJunc'
ton may be issued emf dining the said William
Wilson King, not to, convey incumber = !
otherwise, dispose of said lot, No. %, ana
all persons from contracting in any
way for the purchase Of The same, and where.
assa writ Of Injunction rand SUMMONS VIZ
issued against the saia William Wjlsen klng,
in this case on the, said 9th day Of Eebr1ua!l'
154l, which have been returned nm est ., ~
rentus. Now unless the said William WIZ
son King, shallepersonally be, and appear W.
fore the District Court, Tor said county, III ).
ting us a Court in Chancery, on, the ftst' g Y
Of, the next term thereof, and answer Oh n'
corporal oath, the bssveral charges unli ~
legations, set FORTH i'm said bill OF 'cpmpsains
the same shalh be taken as confessed, anu !. !
decree entered in the premises according anu
that in the mean lime, the said William
Wilson King, and all other persons are feis'
by enJ oined9as prayed for, in SAID comPlala'
ants biil, Until further order Of the said gops't
in the, premises. JOHNS. DUNLAP. CHS,
HENRY w. SflRR &afi9fti3q siii qj etss'l'
! DAVID RoRER, Sol's- fors Compl's. 8 Z, z
March ii st ~
fiis1tloA aaffi si'fo 7sqsq e9oil 0sip. 4