The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-03-25
Territory of Iowa,
Des Moines County.
District Court for said County, to February
Term, lS4l.

District Court for said County, to February
se.. Term, lS4l.
Crafts J. Wright Bill for Injunction
William Wilson is King, Mortgage.
TXTILLIAM Wilson King, one of the de-
w PENDANTS in this suit will hereby take
notice, that on the sth day of February, 1s4l.
the said complainant, by Henry w. Starr.
and David Rorer, his Solicitors, fled in
the Office of the Clerk of TIE District Court
for said County, his certain Bill of Complaint
against the said William Wilson King, and
George w. Kelly, representing in substance
on the LIST day of October A. D., 1888, the
said George w. Kelly, executed to the said
complainant, 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, as
lot numbered ffty-fve, Al conditioned Tor
the payment Of several promissory notes bear
ing even date with said mortgage deed, one
note for the sum OF $3.50 70 cents, payable
| nine months after said date, with lawful in
terest. Also, one note for the sum OF $3.50,
10 cents, payable in twelve months after the
said date, with like lawful interest Also,
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
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, u certificate Of presumption
was granted by the commissioners appointed
under an act Of Congress, approved July I'd,
1886. entitled an 'sact for laying off the towns
OF Fort Madison, &C., and for other purposes
a. l,fo
March Sd, 1897, to the said George w. Kelly,
to the said lot, No. SIS, IA situate as aforc-
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, to
which certificates of presumption had been
granted as aforesaid, unless the holders there
of or the assignees thereof, should rclinquish
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
nished said Hendershott, a list of their names
and the respective lots which they claimed,
which he was to buy if practicable at the sale
Of said lots, in their names respectively, and
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. 55,
Al 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, 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 Cd day of February, lo4l, the
said Kelly, with a base determination TO de-
fraud the said complainant after the sale had
commenced and few minutes prior TO the
sa lc 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 righttul
|
was at that time resident Of St Louis, Mis-
souri,, and absent from the Territory, and had
| no claim 10 said lot whatsoever, nor any
! knowledge Of the design or purpose OF salu
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
plainaut, 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 e certificate oil SAID lot,
was issued to said Kelly III said King S name,
and the purchase money, therefor, 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. Said
bill draws that upon a 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
any purchaser at any sale, under such de-
cree of foreclosure, and that writ of njunc'
ton may be issued enjoining the said William
Wilson King, not to convey, incumber or
otherwise dispose of said lot, No %, al and
cnioinng all persons from contracting in any
way for the purchase Of the same, and where
as a. writ of Injunction and summons was
, issued against the said William Wilson King,
5 in this case on the said 9Th day of February
) IS4i, which have been returned non est m
pentus Now unless the said William vii.
son King, shall personally be, and appear be.
| fore the District Court, TOR said county, set
ting as Court in Chancery, on the first day
of the next term thereof, and answer on his
corporal oath, the several charges and al
Legations, set forth in said bill OF complaint
the same shall be taken as confessed, and a
decree entered in the premises accordingly, and
: that in the mean lime, 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 of the sale
Court, in the premises
JOHN S. DUNLAP, Clerk.
HENRY w. STARR &
DAVID RoRER, Soils for Compl's.
Il March III st Al
zNI 1850