The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-04-01

Territory of Iowa,
Des Moines County. SIS
District Court for said County, to February
Term, 104l.
John Holton,
VS.. -
Samuel NJ Lombard, & Dill IN Chahcefy.
Archibald II. Lombard. J
TIME said Defendants, Samuel NJ. Lambard
i and Archibald II. Lambard, will hereby
take notice that on the 18th day Of january
A. D., 1871. the said complainant filed in the
office of the clerk of the District Court for
said county, his certain Bill of Complaint,
representing in substance, that Samuel NJ.
Lambard on the 9Th day of May, 1910, was
indebted to the said complainant in certain
sum then due and owing, &c, for, the re.
covery of which the said complainant instr
tuted an action Of Assumpsit i'll said District
Court, and at the same Time sued out OF
said court, a writ Of attachment against the
lands, tenc,ncnts, goods and chattcls, &C., OF
said Samuel Nj. Lambard, which said at
tachment was personally served on said Lam
bard and levied on the i;h day of May,
1910, on lots No. 695, and 696, in the city
of Burlington in said county. and on the ioI'
lowing described piece or parcel OF land,
situate IN said county, to wit: Lot No. =, IN
Section No. 5, OF Township GO, N. Range
No west, beginning at a point 1t rods, y
feet from N. W. corner of the land convey
ed by Benjamin Tucker and wife, to Richard
+. Barrett, which said beginning point, is ~
7 degrees, 10 minutes east OF barretts corner,
thence n. degrees, ~ minutes, east ~ rods,
| thence west 81 rods, thence north parallel
with first mentioned line, 20 rods, thence
east to the place of beginning, and contain.
ing four acres. And also, that at the Octo-
Der term of said court, 1910, said complain
ant recovered Judgment against said Lam
bard in said action Tor $685. together witt.
costs OF suit, &c, and that at the time OF
the rendition Of said judgment nor since, had
said Lambard any property or effects IN the
jurisdiction of said court, that could be
reached by execution. And also, that the SAT-
lots, Cos and 696, attached as aforesaid, as
the property Of said Lambard, have not been
sold under execution aforesaid, judgment IN
consequence of the said Lambard not having
any title nor interest in the same that could
be sold, the title to the same, still being in
the Government of the United States. And
also, that previous to the institution of said
suit US aforesaid, the said Samuel NJ. Lam
bard, bargained with one Benjamin Tucker
of said county, for the above described tract
or parcel OF land, situate as aforesaid, Tor the
purchase of the same for which the said
Tucker and wife, executed to the said Lam
bard, u title bond for deed, when the said
Lambard should comply with the conditions
therein named, to-wit the payment OF a Ger
tain sum Of money, &c. &c. And also, that
on the 29th day Of April, 1S4O, the said
Samuel M. Lambard, intending to deiraud
said complainant. out Of his just demands a.
gainst him, combined with one Archibald
Il. Lambard, (son Of said Samuel M. Lam
hardy to defraud complainant, as aforesaid
out of the said sum of 1898 2O-l00, and IN
tending wholly to deprive the complainant
of any means to secure the payment of the
same; fraudulently procured the deed for the
above mentioned TOUR acre tract of land, land
ior which said Samuel Nj. Lambard held the
| title bondl of said Tucker and wife, afore-
said free deed, in fee simple, to be made and
executed bv said Tucker and wife, to said
Archibald H. Lambard, said deed being ex-
ecutcd on the 18th Of April, 1910, and that
the said Samuel NJ Lambard. paid the pur-
chase money therefor, to the said Tucker and
wife, as aforesaid, out of his own proper
funds, &c, said complainant also, prays u
decree Of said court, for the sale oil the said
four acre tract or parcel OF land, described
as aforesaid, to satisfy the said Judgment OF
1893 90, together with costs, Sc. Whereas,
a summons has been issued in this case, n.
gainst the said Samuel M. Lambard and Ar.
chibald H. Lambard, which has been return
ed non est inuentus. Now unless the said
Samuel NJ. Lambard and Archibald II. Lam
bard, shall personally be, and appear before
the said court, sitting as Court of Chancery,
on the first day OF the next term thereof
and answer the charges and allegations set
forth in said bill of complaint, the same shall
be taken as confessed, and decree entered
accordingly. JOHN 5. DUNLAP,
Clerk.
| BROWNING s. BcUToS,
Sol'rs. for Comp't