Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-01-21

/ IEERl:onYoF lows, nEsMolNEs CouSrY,s S.
Dis'r'ct Court far raid County Il he Eel
.r"ary tdcreof, A, d. Is43.
| JonS 5. DAVID ~
CoElpla inant.
Henry Shaw, Spaul) In Chancery
ding 81 Tiffany andy Bill Of Complain,
! Wa y. smir, & Co
I who are impleadcd,
with v Jeremiah Smith
Defendants.
i The said defendants viii hereby talk
nof,ce, tina. tho said Complainant, on tn
9TH day of december, a. d l84o. file,
ms certain Bin OF complaint against iii,
said defendants in said Court. sc,;in,
forth that about the Sill ,av Of February
=: y. 1870, said complainant purchases
OF The said jeremiah Smith Chen the !e
gal owncr) cer,ain tract or parcel a
land situated in said County. CONTAINING
thirty acres end ninety one hundred,hs
being part Of the S. w. Id of section
No. s in Township No. 50 North OF Range
No 9 West and bounded as follows, to wi,
Beginning at point 10 chains aud 90
Inks South irom,he n w. corner Of said
quarter section, thence n. 80 and, $50.
East Is chains aud SO links 10 lime
stone l9 by rs inches; theme. N. 16''.
East 10 chains anil So links to line
stone l2 by IS inches, situate on the cen
ter t'ne Of said section thence West along
the center hue . chains and GO links 10
the north W. corner OF said quarter sec
l!nn; thence South along the Range line
~ chains and so links to the place OF be-
ginning. And that sometime thereal
Ter the said complainant entered into The
actual possession thereof and has boon bv
himself. agents, and tenants in the actua,
occupancy and enjoyment Of said land
ever since, and has made valuable and ,.u
rabIe improvements thereon by erecting
dwelling and other houses and entire en
closures around The same at great cost
ana trouble, and that the same is thereby
greatly enhanced in value, Sc. &c Aud
that about the. 9Th day OF February, 1910,
SAID Smith executed and delivered to sand
complainant deed o!'Gonyeyance in fee
simple Tor said ground as said complain
ant and SAID Smith then supposed, and
that said deed was recorded by comp|an-
AMI as such, and fled and. recorded in the
office OF the Recorder OF deeds for SAID
County, &c. And that said complainun,
has recently learned and ascerla;ncd that
the SAID deed, instead Ct setting out the
true boundaries o, sad land, SO purchased
and intended to be conveyed as aforesaid,
through mistake OF 8 id defendant aud
said complainant, The same sets out Cther
and dliieren. boundaries, which are erro
nsoiIs III point O. fact, by which other aud
different lands from those 80 purchased
by SAID complainant as aforesaid, are in
Guided m, aud described by said bouuaa-
RES, and not the lands 50 intended by the
said parties to be described aud conveyed.
&c.; and that said deed being so errone
Gus ought 10 BE- chaos red, &c.
Siiiu Bill nlso sets forth that at the De-
tober term Of said Court, 1912, SAID Hen
ny shaw, who sues Tor the use Of said
spaaldspg and Tiffany. recovered bv
! he judgment Of said Court. :l,e sum OF
s:e5 90 ,ad costs Of suit, agains, said
Jeremiah Sssa!h; as.d that a, the same.
term Of said Court, w. IS d. Smith, & TO
also recovered Judgment Tor the sum OF
= o47 .64.loQ. and costs OF sa,, AGAINST
the said Jeremiah Smith. bait, OF which
Judgements remain unsat!slied, &c and
that SAID judgments are leins upon tho re-
al estate OF said Smith, whereby the H.
lie OF said "rmp!asnan. 10 SAID land may
become endangered, aud placed in doubt
aud uncertainty and that inasmuch as
SAID complainant purchased saiu Iana for
valuable and full considerations, previous
70 The rendition Of said Judgment, and was
only prevented from obtaining foil con-
veyance OF he entire legal estate thereto
by mistake in rec!i,:g the boundaries as
aforesaid, that in equity and good con-
science, The right ard title OF said CON
painant is prior and paramount. 10 any
lien which said plaintiffs or the luas
menis a, law or either OF then can Ie-
gully have 10 said lands by virtue o! said
Judgments.
SAID Bill also prays that said judgment
Hens CT any have accrued) be sci aside
MS 10 said lands, and that said lands be
decresd To be- forever exempt there.rom
.s'o 'ti"t S1iu uctcilii5htS SG"CFaliy all |
swer the charges and allie cations in said
biii oi complaint, and said Smith speciti
cally answer the several Undergraduates
tncrcin propounded to him; and that all
aud Singular the premises. having beery
seen. and heard, aud fully understood !,
that said Court may order aud decrf|
that any such supposed JUDGMENT lensf
vacated and set aside, and tina, said Jr
emlah Smith be oecrsed To convey dhe
said lands 10 said complainant in ekim
pie. By a good and sufficient .leeLcr tol
amend said deed &C., &c. Now dn!es,
The said delenys,nts shall be- andappear
before the salJCourt, as Cpur,of Chan
Gerry, Oh or before the first day OF tn.
mex, term Hereof, and answer the said
Bill Of complaint, the sanu
will be ,aKsnas confessed and i decree Ell
tered accordingly. II
Dated December 22nd, 1912.
JOHN S. DUNLAP. Register in
Cchancery. DesMoiaes County.
D. RoRER. Sol'r for Complainant.
dec 3l-Gt
stq.r anu Ornamental DairtinG
EXECUTED WITH NEATNEss AND 1ksPA1cag
BARKr Alr,