The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-04-22

isTerritory Of Iowa,
y Des Moines County. 50 - s-s
((3Dlstrict Court for said County. to February
4 Term, le4l.
John Holton, III.
&Samuel NJ. Lombard, & Bill IN Chancery.
5Archibald II. Lambard. 20
UuNHE said Defendants, Samuel M Lambard
Il and Archibald H. Lambard, will hereby
gtakc notice that on the 10Th day Of January
Ia. d., ls4l: the said complainant filed in the
8office Of the clerk of the District Court for
gssaid county, his certain Bill of Complaint,
representing in substance, that Samuel NJ.
issLambard on the 9Th day of May, 1910, was
Sindebted to the said complainant in a certain
sum then due and owing, &C., for the re.
3covery Of which the said complainant insti-
|Stuted an action Of Assumpsit in said District
Court, and at the same time sued out of
8said court, writ Of attachment against the
Hands, tenements, goods and chattels, &C., of
said Samuel M. Lambard, which said at
8tachment was personally served on said Lam
bard and levied on the 18th day of May,
lS4O, on lots No. 695, and 696, in the city
Sof Burlington in said county, and on the fol-
: lowing described piece or parcel OF land,
5sltuate IN said county, towit: Lot No. 2, in
Section No. 5, OF Township 60, N. Range
No west, beginning at point Is rods, 6
: feet from N. w. corner of the land convey
led by Benjamin Tucker and wife, to Richard
IF. Barrett, which said beginning point, is N.
Z degrees, 10 minutes cast OF Harrett's corner,
thence N. degrees, 10 minutes, east 20 rods,
thence west 80 rods, thence north parallel
with first mentioned line,a 20 rods, thence
east to the place of beginning, and contain
ling four acres. And also, that at the Octo.
Der term of said court, 1910, said complain
ant recovered judgment against said Lam
bard in said action for $393, 20, 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
8 jurisdiction of said court, that could bel
reached by execution. And also, that the said
,lots, 695 and 696. attached as aforesaid. as
the property Of said Lambard, have not 5een|
sold under execution aforesaid, judgment in|
consequence of the said Lambard not having
amy title nor interest in the same that could
be sold, the title to the same, still being inl
THE Government of the United States. And
Ialso, that previous to the institution of said
suit as aforesaid, the said Samuel NJ. Lam.
bard, bargained with one Benjamin TuckerI
!of said county, for the above described tract
Tor parcel OF land, situate as aforesaid, for the|
purchase of the same for which the said
Fucker 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 6: the payment of GER
tain sum of money, SC. sc. And also, that
on the 29,h day Of April, 1910, the said
Samuel NJ. Lambard, intending to defraud]
ssaid complainant out of his just demunds al
sgainst him, combined with one Archibald
Per. Lambard, (son of said Samuel M. Lam
3bard) to defraud complainant, IS aforesaid, ]
3out Of the said sum of 1898 20-1OO, and in
tending wholly to deprive the complainant
}of any means to secure the payment of thel
Same; fraudulently procured the deed for thel
above mentioned four acre tract of land, tandl
1icr which said Samuel M. Lambard held thej
little bond) of said Tucker and wife, as afore-
said free deed, in fee simple, to be made and|
Sexecuted Dy said Tucker and wife, to said
Archibald II. Lambard, said deed being ex-I
2ecuted on the 10Th Of April, lS4O. and that
1.-THE said Samuel NJ Lambard, paid the pur-|
achase money therefor, to the said Tucker and
swife, as Aforesaid, out of his own propcr1
funds, Sc, said complainant also, prays al
decree Of said court, for the sale Of the said
-four acre tract or parcel of land, described
Jas aforesaid, to satisfy the said Judgment of
1898 20, together with costs, &c. Whereas, i
70 summons has been issued in this case, al
sgainst the said Samuel NJ Lambard and Ar
.chibald H. Lambard, which has been return
scd non est inuentus. Now unless the said
Samuel M. Lombard and Archibald H. Lam-
sbard, shall personally be, and appear before
sthe said court, sitting as a Court of Chancery,
Con the FIRST day OF the next term thereof,
! and answer the charges and allegations set
forth in said bill Of complaint. the same shall
ybe taken us confessed, and decree entered
snccordipsly. JOHN S. DUNLAP,
4 $50 Clerk.
8 BRowxfvG & BcuroN,
i Sol'rs. for Compt. .3ss.
I March 1S-6t, 'deaa&a. 81 EkisiaasI - 81