The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-04-15

'aIieLy, consisting OF Script. Ger.
man Text, Secretary, Condensed, &c. @
Also, Post Office Stamps 80 Sgiya,2s
;, Seal and copying presses for sale 1t q.
Foundry, also = rn,sTts N'',.s ~ INC
+ st Louis dec I7-29
r err ma;yo of iowa Iowa SIS
District Court for said County, 10 Feh,n.
Term, 1S4la s
Crafts J. Wright Bill for Injunction
,,,., vs.: and foreclosure Of
William Wilson King, Mortgage. y
& George w. Kelly. fssa
WTILLIAM Wilson King, one Of II. i.
w PENDANTS in this suit will hereby tai.
notice, that on the eth day of February. Isal Sal
the said complainant. by, Henry vi. Star,
and David Rorcr, his Solicitors, fled !.
the Office of the Clerk of TIE District Com, !,
for said County, his certain Bill of ,Conpl,nt
against the said William Wilson King. and
George w. Kelly, representing in substance
on the LIST day OF October A. D., 1893. ths
said George W. Kelly, executed to the said S
complainant, u mortgage deed of certain
house and lot of land, situate in the Town
of Burlington, in said county, known and
described on the plat OF said Town, as plat.
ted by the Surveyor of the United States. i,
lot numbered fiity-ve, Al conditioned 70,
the payment of several promissory notes bea,.
ing even date with said mortgage deed, on,
note for the sum of $3.50 20 cents, payable
nine months after said date, with lawful in.
tcrest. Also, one note for the sum of s2SS.
~ cents, payable in twelve months after Tia
said date, with like lawful interest. Also,
one note fer $3.50 10 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.
dition 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, Il certificate OF pre.emp,ion
was granted by the commissioners appointed
under an act Of Congress, approved july 3D.
1886, entitled an ''act for laying off the town,
of Fort Madison, &C., and for other purposesn
and the act amendatory thereto, approved
March Sd, 1887, to the said George W. Kelly.
to the said lot, No. SIS, TAI 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 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 CT pre-cmption had been
granted as aforesaid, unless the holders there.
of the assignees thereof, should relineuish
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 complaiGant's lien on the
same, an agreement was entered into betweca
the said Kelly, and Henry w. Starr, Attorney
in fact of said complainant, that said Kelly
should relinquish to the U. s. his pre.emptont 70
said lot, and that it should be bought by said
Kelly, in his own name, and also that she
citizens OF the said town of Burlington, for
Their mutual convenience, bad selected David
Bendcrshott, Esq, to act for them in bidding
and buying the respective lots, and had fur.
nished said Hendcrshott, a list Of their names
and the respective lots which they claimed,
which he was to buy if practicable at the sale
ci said lots, in their names respectively, and
that said Kelly, by said agreement, was to
procure his name to be entered on saidlst
OF names, as claimant for said lot, No. 30,
La and also, by virtue of said agreement, the
said Kelly did relinquisI said lot, to the Q.
States, as aforesaid, and procured his name
to be registered on said list, as claimant.
thereof, for the benefit of said COMPLAINANT,
and himself, and that said lot was SO enters
on the list furnished to said Hcndershott
that on the morning of the, sale of said 10y,
to wit the I'd day of February, lS4l, tie
said Kelly, with base determination to tf
fraud the said complainant after the sale hd
commenced and few minutes prior 10 The
sale OF the above named lot, and in absence
of the said complainant, or his Attorney 10
fact, and without consent or knowledge Of
either, procured his own name to be stricken
from the list SO furnished to said Hendershoti,
and the name of the said William Wilson
King, 10 DC inserted on said list as rghtful
TO said lot, and also, that said King
was at that time a resident of st Louis, Mis-
souri,, and absent from the Territory, and had
no claim to said lot whatsoever, nor any
knowledge oil 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,
Tor the purpose OF deirauding the said COM
piainant, and il possible cut OFT his lien W
virtue oil the said mortgage deed, and to pre-
vent SAID complainant from recovering saia
debt, and also, that a certificate OF said lo
was issued to said Kelly in said King S nanle
and the purchase money, thereioE, paid by
SAID Kelly, out of his own funds, as com
plainant believes, and that said Kelly is now
the beneficial owner OF said lot, &c. Sald
bill prays that upon hearing of the matter
alleged in said bill, the Court may decree
foreclosure of said mortgage deed. and that
said King be dccreed to convey said lot .
any purchaser at any sale, under such de-
cree OF foreclosure, and that a writ OF injunc
ton may be issued enjoinipg the said William
Wilson King, not to convey, incumber
otherwise dispose OF said lot, No. So, A. ana
all persons from contracting In any
way for thelpurchase of the same, and7whsfe.
as writ Of injunction and summons was
issued against the said William Wilson King,
u this case on the said 9Th day OF februaD
1911, which iiave been returned ION est o.
1ent'ts Now unless the said William VIZ
;ons King, shall personally be, ,and appear ba'
lore the District Court, Tor said county, ssf
ing as Court in Cbancery, on the first az
IF the next term thereof, and answer on bis
;orpo5ai oath, the several charges and a.
egations, set forth in said bill OF complaint
he same shall be taken as confessed, and
iecree entered in the premises accordingly, ana
hat In tire mean time, the said William
Wilson King, and all other persons arc here
" enjoined as prayed for, in sald complain
.nt's bill, until further order of the said sCcurl
n the premises. JOHN 5. DUNLAP, Clkss
HENRY w. STARR &
Dawn RoRER, Soils for Compl's..
March Ii 8ts ~
sbtsy, pJEn 4DDTECf