The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-04-29

Seal and copying presses for sale ), 4
Foundry, also. IS a.a w
St Louis dec 1870 n:.s 1855
Territory of Iowa,
Des Moines County. So
District Court for said County, 10 Feb,n..
r. 81 Term, 1871. - s''u''y
Crafts !, u. Wright s sns is,. .1jsns',,
William Wilson King, Mortgage
& George W. Kelly.
WTILLIAM Wilson King, one Of the i.
w PENDANTS in this suit will hereby Az,
notice, that on the 9Th day of February. lsI
the said complainant, by Henry VI. Sian
and David Rorer, his Solicitors, filed
the Office Of the Clerk Of TIE District Conn
for said County, his certain Bill Of Conpla;n,
against the said William Wilson King, NJ
George w. Kelly, representing in substaae,
on the LIST day OF October A. D., 1898. ii,
said George w. Kelly, executed TO the sa1
complainant, a mortgage deed Of cert,b
house and lot of land, situate in the Tow.
of Burlington, in said county, known and
described on the plat OF said Town, as pbt
ted by the Surveyor of the United States, !,
lot numbered fiity-five, TAI conditioned "a
the payment of several promissory notes lea,
ing even date with said mortgage deed. On,
note for the sum Of $3.50 70 cents, payat
nine months after said date, with lawful n
terest.g Also, one note for the sum Of s29
10 cents, payable in twelve months after Le
said date, with like lawful interest. Ais,,
one note for, $3.50 10 cents, payable fifteen
months after said date with. like lawful inter.
est, and that the said George w. Kelly, did
~ Ill
dition of the said mortgage decd, and tina, ,As
same are now due, and unpaid. and also re.
presenting that prior to the execution Of said
mortgage deed. a certificate Of pre.emptiOn
was granted blythe commissioners appointea
under an act Of Congress, approved July q,
1886. entitled an ''act for laying off the town,
Of Fort Madison, &C., and for other purpose
and the act amendatory thereto, approved
March Sd, 1887, to the said George w. Kelly,
to the said lot, No IS, IA situate az aiors
said, by which said certificate, the said Kelly
| became entitled to purchase from the Govern
ment of the United States, said lot, whrr
the same should be exposed to sale, &C., AMI
that for some ;irregulurity in the proceeding
of said commissioners or some other reas0l
the Government has hitherto declined offering
for sale the lots in said town Of Burlington, L
|
granted as aforesaid, unless the holders there
Of or the assignees thereof, should relinquis
all claim against the United States, BY ylru
ofsuch certificates, and also that for the purpos
of perfectng the title to said lot. in sal
Kelly, and the compliments lien on til
same, an agreement was entered into betwee
the said Kelly, and Henry w. Starr, Attorne
in fact of said complainant, that said kell
should reiinquish to the U. S. his pre-emptiont
said lot, and that it should be bought by sal
Kelly, in his own name, and also that u
citizens of the said town of Burlington (
their mutual convenience, had selected Das
Hendershott, Esq, to act for them in bidding
ard buying the respective lots, and had ia
nished said Hendershott, a list of their nam
and the respective lots which they claime
which he was to buy il practicable at the 50
of said lots, in their names respectively ar
that said Kelly. by said agreement, was
procure his name 10 be entered on said ]
of names, as claimant for said lot, No
"a and also by virtue c. said agreement, y
said Kelly did relinquish said lot, to the
States, as aforesaid, and procured his nai
to be registered on said list, as c!alnla
thereof, for the benefit Of said complainal
and himself, and that said lot was SO enter
on the list furnished to said Hendersho
that on the morning Of the sale OF said !
to wit: the I'd day of February, ls4i, I
said Kelly, with a base determination TO-
fraud the said complainant after the sale
commenced and few minutes prior to
sale OF the above named lot, and in abseI
oil the said complainant, or his Attorney
fact, and without consent or knowledge
either, procured his own name to be strIci
from the list so furnished to said Hendcrsht
and the name of the said William wiz
King, to DE inserted on said list as right
claimant 10 said lot, and also, that said n
was at that time a resident Of st Lenls, y
souri,, and absent from the Territory, and
no claim TO said lot whatsoever, nor
knowledge Of the design or purpose OF
Kelly, to buy the said lot for him. And Y
said lot was bought in the name OF said Nj
for the purpose OF defrauding the said q
plainant, and il possible cut off his lien
!, virtue Of the said mortgage deed. and 10
/, vent said complainant from recovering !
! debt, and also, that certificate OF said
was issued to said Kelly in said King 5 ra
and the purchase money, therefor, PAID
said Kelly. out of his own funds, as g
lplainant believes, and that said Kelly ~
the beneficial owner of said lot, &e, )
bill prays that upon hearing Of the ma
alleged in said bill, the Court may deere
Foreclosure Of said, mortgage deed, and
said King be decrced to convey said LOT
any purchaser at any sale, under such
cree of foreclosure, and that %rit Of inlt
ton may be issued enjo:ning the said VIII
Wilson King, not to convey, incumbe
: otherwise dispose Of said lot, Ne. SIS, [Al
enjoining all persons from contracting in
way for the purchase Of the same, and VIII
Q as a writ of mi junction and summons
/ issued against the said William Wilsonih
} in this case on the said 9Th day of Febrd
is4i, which have been returned non est
rentas. Now unless the said William
son King, shall personally be, and appear
fore the District Court, Tor said county
ting asa Court in Chancery, on the first
a of the next term thereof, and answer on
/. corporal oath, the several charges and
5 legations, set forth in said bill Of compla
: the same shall be- taken as confessed \ %
decree entered in the premises accordingly,
that in the mean lime, the said WI
: Wilson King, and all other persons are !,
by enjoined as prayed for, in said COMP
Eant's bill, until further order Of the said 70
in the premises. JOHN S. DUNLAP, VI
1 HENRY w. STARR ~ ri
1 DAVID RoREa, Soils. for Compl's.
o March IL st