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

FOUNDRY, also.
st Louis dec 1923
Territory of Iowa, 5#
Des Moines County. IS t,
District Court for said County, to Feb,n..
NJ. ..-.. Term, 1871 l
Crafts j. Is, Wright Bill Bill 70, Injunction
William Wilson king,( Mortgage.
g. George w. Kelly. ...
(NIILLIAM Wilson King, ono of II. !.
w PENDANTS in this suit will hereby TAI.
notice, that on the 9Th day of February. E sn'
the said complainant, by Henry VI. Star,
and David Rorer, his Solicitors, filed y
the Office of the Clerk of the District Com,
for said County, his certain Bill OF Compl,;r,
against the said William Wilson King, ma
George w. Kelly, representing in substaue,
on the LIST day of October A. D., 1898 n.
! said George w. Kelly, executed to the s ,is
lcomPlainant, mortgage deed of cert,i,
house and lot Of land, situate in the Town
: of Burlington, in said county, known and
4 described on the plat of said Town, as Mai.
/ ted by the Surveyor OF the United States, 4,
lot numbered fity-fvc. (A] conditioned 70,
1.-THE payment of several promissory notes bear.
i ing even date with said mortgage deed, on,
note for the sur: Of $3.50 10 cents, payabl.
mime months after said date, with lawful in.
dterest. Also, ono note for the sum OF sas9,
70 cents, payable in twelve months after Ii,
said date, with like lawful interest. Also,
one note for $3.50 10 cents, payable fifteen
months after said date with like lawful intel.
est, and that the said George w. Kelly, did
not pay said notes as stipulated in the con.
dition of the said mortgage decd, and that III.
8snr Nt,o
presenting that prior to the execution Of said
mortgage deed, a certificate of pre.emption
was granted by the commissioners appointed
under an act Of Congress, approved July %,
1886, entitled an ''act for laying off the town,
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. IS, IA situate as aIore.
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 proceeding,
of said commissioners 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 assignees thereof should relinquish
all claim against the United States, by virtue
Of such certificates, and also that for the purpose
of pcrfecting the title to said lot, in said
Kelly, and the complainant's 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 relinquish to the U. S. his pre.emption 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, ard had fur.
nished said Hendershott, list Of their nanes
and the respective lots which they claimed,
which he was to buy if practicable at the sal,
OF said lots, in their names respectively, and
that said Kelly, by said agreement, was to
procure his name to be entered on said lis,
of names, as claimant for said lot, No. So
A and also by virtue of said agreement, the
said Kelly did relinquish said lot, to the U,
States, as aforesaid, and procured his namt
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 I'd day Of February, lo4l, tn
said Kelly, with a base determination to %
fraud the said complainant after the sale ha
commenced and a few minutes prior TO I'd
sale oil the above named lot, and in absene
Hof the said complainant, or his Attorney ]
TACT, and without consent or knowledge
either, procured his own name to be stricEe
from the list SO furnished to said Hendershett
and the name of the said William Wilso
King, to DC inserted on said lis, as rightiu
claimant TO said lot, and also, that said Kin!
was at that time a resident Of st Louis, Ms
souri,, and absent from the Territory, and ha'
no claim to said lot whatsoever, nor an!
knowledge of the design or purpose Of SAT-
Kelly, to buy the said lot for him. And thai
said lot was bought in the name OF said King
for the purpose of defrauding the said CON
plainant, and if possible cut off his lien b.
virtue Of the said mortgage deed, and to pre-
vent said complainant from recovering sait
debt, and also, that certificate OF said lot
was issued to said Kelly in said King S name
and the purchase money, therefor, paid .!
said Kelly, out of his own funds, as com
plainant believes, and that said Kelly is nov
the beneficial owner of said lot, &c. Sun
bill prays that upon hearing OF the matte
3alieged in said bill, the Court may decree
foreclosure of said mortgage deed, and tina
said King be decreed to convey said lot .
8aHy purchaser at any sale, under sucn oe
cree of foreclosure, and that writ Of injunc
ton may be issued enjoining the said William
Wilson King, not to convey, incumber o
otherwise dispose of said lot, No. SIS, "a AMI
enjoining all persons from contracting in any
way for the purchase of the same, and where
as writ of injunction and summons wa
issued against the said William Wilson King
IN this case on the said 9Th day of February
is4i, which have been returned non est IN
pentus. Now unless the said William vii
son King, shall personally be, and appear be
fore the District Court, for said county, SET
ting as Court in Chancery, on the first DAY
|of the next term thereof, and answer on BIZ
corporal oath, the several charges and al
Legations, set forth in said bill OF complaint
The same shall be taken as confessed, and
decree entered in the premises accordingly, ant
that in the mean time, the said William
Wilson King, and all other persons are here
by enjoined as prayed for, i'll SAID complain
ants bill, until further order ofthe said Court
in the premises. JOHN S. DUNLAP, Clk.
HENRY w. STARR g. ,
DAVID RoRER, Soils. for Compl's.
March IL 81 - Al