Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-01-14

lTERa,-oRr OF Tow j, DEsMoISEs CouNrY.ss
;.c:Arict coari. FOR said County 10 Tie E,sJ
runrn .e..r. thetcof, 4. D. 1913. J
jony !. AnAylp,) :
Complainant. &
Henry Shaw, spaul- J IN !hgnrery
ding u Tiffany and ! Bill OF soplains
w. d d. Smith & Co
vino are impleaded
with Jeremiah Smith,
Defendants. "a
The said defendants will hereby. takl
notice. that the said Complainant on the
18th day of December, A. D l24e, filed
his certain Bill OF complaint against the
said defendants in said Court. setting
forth that about the 9th day Of Februafy
A. D. 1910, said complainant purchased
of,he said Jeremiah Smith (hea tho TO-
gal owner)a certain trac, or parcel ol
land si,ualcdsin said County. containing
thirty acres and ninety one hundredths.
being a part Of the S. w. ID Of section
No. s in Township No. SO North OF Range
No. 2 Wcst.a aud bounded az follows, to wit;
Beginning att point 10 chains ana &C
links.Soutt. frcmthe NV. corner ofsai.
quarter section, thence n. 80 and So,
East Is chainsssand 50 links 20 lime
stone ~ by Is inches; theme. N. 49,.
East 10 Chains and IS links to lime
stone i2 by 8 inches. situate OH the cen
ter line Of said section; thencesW Yves, along
the center line Is chains anil 60 links to
the North W.corner oil said quarter sec
lion; slhcace South along the Range line
10 chains and 90 links TO the place of be-
ginning. And that sometime ,hereal.
Ter the said complainant entered into the
actual possession thereof and has been BY
himself, agents, and tenants in the actua,
occupancy and enjoyment Of said land
ever siace, and has made valuable and du-
rattle improvements thereon by erecting
dwelling aud other houses aud entire Ell
closures around the same at great cost
and trouble. and that the same is thereby
greatly enhanced in value, &c. &c. And
that about the 9th day OF February, lg4O,
said Smith executed and delivered to said
complainant deed of conveyance in fee
simple for SAID ground us said complain
ant and said. Smith then supposed, and
that said deed was recorded by complain
ant as such, and flied and recorded in the
office OF the Recorder Of deeds for said
County, &c. And that said complainant
has recently learned and ascer,ained that
the said deed, instead Of setting out the
true boundaries OF SAID land, so purchased
and Intended TO be conveyed as aforesaid,
through mistake OF ID defendant and
said complainant, The same sets out other
and different boundaries, which are erro.
neous in point Of fact, by which other aud
different lands from those SO purchased
by said complainant as aforesaid, are in
Guided in, and described by said bouada
ries, and not Inc lands SO intended by the
said parties to be described and cor veyed,
Sc; and that said deed being SO crrone
Gus ought to be changed, &c.
Said Bill also sets forth that at tho Oc-
tooe. term Of said Court, ia4e, SAID lien.
ny Shaw, VINO sues for the use OF said
spauIdiug and Tiffany, recovered ty
the liJga,e:t of said Court, The SUM Of
$ l65 co and costs Of suit, against said
Jeremiah Smith; and that a. the same
term Of said Court. w. & d. Smith, & 60
also recovered Judgment for the sum OF.
So41 ,t3ferv,s, ard costs or suit, against
the SAID jeremiah Smith, both Of which
Judgments remain dissatisfied, &c and
that said jud gmen,s are leins upon The re.
al estate oi said Smith, whereby the Ii
tie OF said complainant To said land may
become endangered, and placed in doubt
and ACKNOWLEDGEMENTS that inasmuch as
said complainant purchased SAID lan1 for
u valuable and iul! consideration, previous
10 The rendition Of said iud gment, and was
only prevented from obtaining full con-
veyance OF The entire legal estate thereto
by mistake in recilirg the boundaries as
aforesaid, that in equity and good con-
science, the right aud title OF said com
p|ainant is prior and paramount TO any
lien which said plaintiffs or the judg
ments ut law or either oi them can le-
gally have to said lands by virtue Of said
Judgments.
Said Bill also prays that said iudgmen,
liens Gf any have accrusd) be SET aside
rs to said lands, and that said lands bq
decreed to bs forever exempt therefrogi
And that said defendants severaily a.
swer the charges and allegations in "a
Bill Of complaint, and said Smith SPIN
cally answer the several interrogyefles
propounded to bin; and y. all
and singular the premises. havie oeen
seen, and heard, and fully uyef,stooo'
that said Court may order AZ decree
that any such supposed jud.mt hens De
saca,ed and set aside,-and " SAID JET
emiah Smith be decreed y convey me
said lands 10 said comp!ainf. N lee SIM
pie, BY good and sulficIt deed or 10
amend said deed, &c, q Now unless
the said defendants maj be and appear
before the SAID Coup asa Court OF Chan
Gerry on or befor1hhs first day, Of tie
next term Thereof ana answer the said
complainant, pot colaplains, the same
will be- ,aken,s conlasset and g e.ecree Ell
,ervd accogtngsy.
Dated Jscember 22nd, la4a.
JOHN S. DUNL.p. Register in
pyCchaacery. DesAloies County.
DyRoRER, Sol'r for Complainant
&c 3l-Gt
AT COST
An assortment OF STOVES APIPE.