The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-01-07

On the Lhancery side OF the District Court fol
the county of Louisa Nov. term 1910.
David Mortimorc, } Bill for relief In
Levi Rice & cicer, NJ. Ives Exoa tAN y
WHEREAS the above named David Nor
w tinore has exhibited his bill of com
plant against the said Levi Rice and Cicero
NJ. Ives, in the District Court, for the county
of Louisa aforesaid, praying for relief, gene.
rally, in the premises, set forth in said bill
and for specific performance of certain writ
ten contract entered into between the said
Mortimore and the said Rice, under the hands
and seals of the said Mortimorc and Rice,
dated the 10Th day OF June lS40, for the sale
of sundry tracts Of land, lying in township
No IS. Of range 4 west, in Louisa county
aforesaid, and containing, among other lands,
the west half of section No. 81, in the town
ship aforesaid, which incndcd most of the plat
of land surveyed and laid off for Columbus
city. and for which said lands, SO purchased,
and embraced in said contract, the said Nor
tmore, subsequently,, on the 25th day of Tune,
1910, executed his two several promissory
notes, to the said Rice, tie one for three thous-
and dollars, and the other for $1,000. payable at
the end of five years from date, with per cent
interest thereon, the interest payable annually,
and the bill charging, the said Rice, among
other things, with having fraudulcntly caused
the said half section of land No. 81, TO be left
out Of tile deed OF conveyance, which, by
said written contract, he, the said Rice, had
bound himself to execute to the said Mort-
more, with intent TO cheat and defraud the
euid Mortimore out of said half section Of land.
And further, charging the said Rice with
fraudulent collision with the said Ives, and
with having conveyed the said half section of
land no. 81, to the said Ives. to cover the
same for the use and benefit of the said Rice,
and charging the said Ives with fraudulentiy
combining with the said Rice to defraud,
and iniurc the said Mortimcre in the premi-
scs, and with having taken deed of said
half section of land from the said Rice, with
full knowledge of the contract aforesaid,
and Of all the circumstances detailed in said
bill, and that said conveyance from the said
Rice to the said Ives, was without any legal or
valid consideration, and made with full notice
that the said Rice was bound TO convey the
said half section Of land no. 81, TO the said
Mortimore, and that the sale Of the same from
the said Rice to the said Ives is fraudulent and
void and praying that the same may be de-
creed TO be sci aside and annullcd, and for
specific performance, on the par: of the said
Rice, of his contract aforesaid, and for an in
junction against the said Rice to restrain him
from, negotiating or in any way of disposing
of either of said notes given by the said Nor
said And further enioining both Of the said
defendants, the said Rice and Ives, and all
others, their agents or attornies from selling,
conveying or in any way or manner of dis
posing Of any part Of said half section Of land !,
no. 81, before mentioned. And praying fur
Their for writ of Ne Excat, against the said
defendants, if they shall be found in said
Louisa county, to compel them to give securi-
~ not 10 leave this Territory, until the fur
ther order of said court in the premises agree
ably to the statute in such cases made and
provided, and for writ Of Subpoena, to COM
pei the said defendants TO appear and an
swcr the complainants said bill as is usual
in like cases, returnable TO the present term
of said court. And whereas the said Subpoena
against the said Rice, has been returned Non
Est, ind the said Mortimore has filed his
petition in said court, in said cause, setting
forth, among other things, that he has been
informed and verify believes that the said
Rice has left this Territory, and has gone
abroad to parts unknown to the said Morti-
more, and that he abscnts himself to avoid the
process of the court III this cause, and that
process cannot be served upon him, and pray
ing for an order of publication against him
as an absent defendant as the statute provides,
all which is ordered by said court Therefore,
the said Levi Rice, defendant in this cause, is
hereby notified and required to appear 10 said
cause and demur, plead or answer to said bill
Of complaint, on or before the first day Of
$ February, ls4l, or said bill will be taken us
I confessed BY him, and u decree will pass
against him accordingly; provided, that a
copy OF this order be published in the Hawk
eye and Patriot, printed at Burlington, once
n week. for six successive weeks, before the
said first dry Of February next. BY order,
Zadok G. Inghram, Clerk,
and Er-o6icio Register IN Chancery.
" Wappello, dec 3 1910 6t-27
rNIOuR and Mcal. constantlyEEon Hard ,nd