Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-01-28

p
. Distric, Court for said County tot
ruary term tAereef, a. D. 1913.
JonN S. DAvlD,)
Complainant.
ding i Tiffany and Bill i d " Con
Wa d. smi,h& Co
'whs are impleaacd
J with Jeremiah Smilb
Defendants.
THE said-dcfendants will here
notice, that the said Complainant
18th day Of December, A. y 1874
his. certain Bill 81 complaint aga;
| said defendants in said Court.
forth that about the 9Th day Of Fe
ia. D. 1910, said complainant pm
of the said Jeremiah Smith (ihen
gal owner) certain tract or pa
land situated in said County, con
thirty acres end ninety one hund
being part Of the S. W. IA of
No. s in Township No. 50 North Of
No West. and bounded as follows,
BEGINNING at a point 10 chains
links South iromthe ~ w. corner
quarter section, thence N. SO Al
/ East Is chains and 50 links 10
stone l2 by l6 inches; thence
f{Sast IS chains and 85 links to
stone l2 by Is inches. situate ont
ter line OF said section: thence Yves
the center line Is chains aa'' 60
thevAor;h w. corner ot said qtarn
ton; thence South along the Rang
tie chains and 80 links TO the place
| ginning. And that sometime 4
Ter the said complainant enterea
actual possession thereof! aud has b
himself. agents, and tenants in the
occupancy and enjoyment, OF sal,
ever since, and has made valuable
rable improvements thereon by G
dwelling and other houses and ent
closures around the same at grea
and trou Die. aud that the same is II
greatly enhanced in value, &c. &c
tn about the Sih dav oil February
said Smith executed and delivered /.
com ,,.ainant a deed ol'oonyeyance
>i4lple Tor SAID ground as salI com
ant add said Smith then supposed
that said deed was recorded BY com
ant As such. and filed and recorded III i.
office Of the Recorder oil" deeds for St:
County, &c. And tina, said complainant
has recently learned and ascertainel Ii:
The said deed, instead Of setting out Il,
rue boundaries OF sa ds!aad, so purchas
and intended to bc.conveyed rs ators.4i
through mistake Of $ id defendant an
said complainant, the same sets cut o.he
and different boundaries, which are err,
neous in point OF fact, by wi.ssh olhcr an
different ias!s from those 50 purchase
by sad complainant rs aforesaid, are ii
cludea in, and described by said bound;
rieS. ana not the !au,l> so intended! by 1t
said parties to lie described aud conyeye,
Sc; and that said deed being SO enron,
oas ought TO BIZ changed, &c.
Sail BIZ also sets forth ,hat al the O
,ober ,-r.n Of! said curt, 1874, said lie,
~ Shas., nno sues tor the use OF s..
spa.i.'ing aud Tiffany. recovered +
The r!siSf.ent Of ssil Court, he sam
lGJ 10 Nn.l costs of suit. against s..
Jcf.:n..h SAITH; and hat n the SAN
also recovered Judgment for tho sum I
S547 Ga zoo, and costs OF s.il, again
the sali Jeremiah Smith, both oil w!,is.
Judgements remain unsa.ssiad. Sc az
that said judgments are LENS upon tho II
al estate OF said Smith, whereby the |
tie OF sal, complainant to said land ana
become endangered. and placed in doul
and uncertainty and that nasnuch ,
said complainant purchased SAID land Il
u valuable and full consideration, preyio,
10 llse rendition OF said judgment, and WI
only prevented from obtaining full col
vcyance OF the entire legal estate there
by mistake in recili, g the boundaries ;
aforesaid, that in equity and good COZ
science, tie rish, and title oil said cor
plainant is prior and paramount 10 an
lien which said plaintiffs or the jad
nen's al lsw or either OF them can !
galy have 10 said lands by virtue ol sa
1 Judgments.
/ Said Bill also prays thatsaid us'gmel
/ liens Ga, any have accru-dD be set asle
as to said Iands, and that said lends
aecf.ed TO BE- forever exempt ,heveiror
| Mad that said defendants severuiiy AZ
s~er the charges and allegations ,l sa
Bill q. complaint, and said Smith specil
caity answer the several interruEa;ori'
tHe,eln propounded to him; aud that a
and singular the premises. having he
seen, and heard, and fully und.rStno
that said Court may order and decr'
that any such supposed Judgment liens
vacated ard sci aside,-and that ,ald Je
eminh Smilh he decrecd 10 convey Il
SAID lands 10 said complainant in lee iii
pie, sy good ana sufficient deed or
amend said deed, &C., &c. Now uni.
the sid defendants shall be- and appe
before the sad Court, rs Cour, Of Cha
Gerry, OF or before the first day OF Z
neat term thereof, and answer the 81
conplainants Bill OF complaint, the sar
will be takenas confessed and decree e
tered accordingly.
! Dated Decemher 22nd, 1912.
4 JOHNS. DUNLAP. Register
Cchamery. Desaloines County.
/ D. RokES, sol'r -!or Complainant.
dec 3l-6t
Ns,ryl.E