The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-04-01

, Des MONIES County. s.
District Court for said County, to Februar
Term, 1871.
''''' vs. Wright Bill Bid for far.d lpsns's 10
William Wilson King, Mortgage.
U George w. Kelly.
"lLLIAM Wilson King, one Of the de
w PENDANTS in this suit will hereby TAX
nollce' that on the sth day of February, ls4l
inc SAD complainant. by Henry W. Starr
and David Rorer, his Solicitors. fled j,
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 substance
On tne ist day OF October A. D., 1888, the
SAD George w. Kelly, executed to the sale
complainant, mortgage deed of certain
mousse and lot OF land, situate in the Town
OF Burlington, in said county, known and
described ON the plat Of said Town, as plat
tea by the Surveyor of the United States, as
Fiot numbered ffty-fve, al conditioned for
the payment of several promssory notes bear
ing even date with said mortgage deed. one
note Tor the sum of $3.50 70 cents, PAYABLE
nlne months after said date, with lawful in.
.erest. Also, one note for the sum of $3.50,
~ cents. payable in twelve months after the
tsald date, with like lawful interest. Also,
one note for $3.50 70 cents, payable fifteen
months after said date with like lawful inter
est, and that the said George w. Kelly, did
not pay said notes as stipulated in the con.
dtion OF the said mortgage deed, and that the
same are now due, and unpaid, and also re-
presenting that prior to the execution OF said
mortgage deed, certificate of presumption
was granted by the commissioners appointed
under an act of Congress, approved July I'd,
1880. entitled an ''act for laying off the towns
OF Fort Madison, &C., and for other purposes
and the act amendatory thereto, approved
March Sd, 1887, to the said George W. Kelly,
to the said lot, No. So, [AI situate as alore-
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 tor some rregularity in the proceedings
| OF SAID commissioners 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
of such certificates, and also that for the purpose
OF perfecting the title to said lot, in said
Kelly, and the compliments 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 reinquish to the U. S. his presumption to
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, for
their mutual convenience, had selected David
Hendershott, Esq, to act for them in bidding,
and buying the respective lots, and had fur
nlshed said Hendershott, list of their names
and the respective lots which they claimed,
which he was to buy if practicable at the sale
it,f hnir al, ,.J
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. SIS,
A and also by virtue of said agreement, the
SAID Kelly did relinquish said lot, to the U.
states, as aforesaid, and procured his name
TO be registered on said list, claimant
thereof, for the benefit of said complainant,
and himself, and that said lot was entered
on the list furnished to said Hendershott,
that on the morning of the sale of said lot,
to wit: the I'd day of February, l54l, the
said Kelly, with a base determination to de-
fraud the said complainant after the sale had
commenced and few minutes prior to the
sale OF the above named lot, and in absence
OF the said complainant, or his Attorney in
fact, and without consent or knowledge of
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 be inserted on said list as rightful
claimant 10 said lot, and also, that said King
was at that time resident of st Louis, Mis- I
souri,, and absent from the Territory, and had
no claim TO said lot whatsoever, nor any
knowledge of the design or purpose of said
Kelly, to buy the said lot for him. And that
said lot was bought in the name OF SAID King,
for the purpose of defrauding the said COM
plainant, and if possible cut off his lien by
virtue Of the said mortgage deed, and to pre-
vent said complainant from recovering said
debt, and also, that certificate of said lot, /
was issued to said Kelly in said King name,
and the purchase money, therefor, paid by
said Kelly, out of his own funds, COM
plainant believes, and that said Kelly is now
the beneficial owner of said lot, &C. Said
bill prays that upon hearing of the matter
alleged in said bill, the Court may decree a
foreclosure of said mortgage deed, and that
said King be decreed to convey said lot to
my purchaser at any sale, under such de-
cree of foreclosure, and that a writ of lnjunc-
ion may be issued cnjoining the said William
Wilson King, not to convey, incumber or
otherwise dispose Of said lot, Nc. SIS, IA and
,njoining all persons from contracting in any
way for the purchase Of the same, and where.
IS writ of injunction and summons was
ssued against the said William Wilson King,
IL this case on the said 8tl, day of February,
OIL, "HieA nave uGell lctulhSu stOh COZ ~
,entus. Now unless the said William Will
on King, shall personally be, and appear be-
ore the District Court, tor said county, set
ing Court in Chancery, on the first day
# the next term thereof, and answer on his
corporal oath, the several charges and al t
egations, set forth in said bill of com plant, ,
he same shall be taken as confessed, and
lecree entered in the premises accordingly, and
hat i'll the mean time, the said William
Wilson King, and all other persons are here {
" enjoined as prayed for, i'll SAID complain. s
nt's bill, until further order of the said ,
court, in the premises.
E JOHN S. DUNLAP, Clerk. {
HENRY w. STARR q a
DAVID RoRER, Soils. for Compls. A (
March III st Al ,
REMOVAL. "@ ,,