Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-02-04

- $50 .-Sfs
lTsaslgoer OF low i, lJesxcisESk 81
iayiri. Gsavs .fay ss;d Cosste ltsks:le Il
rsary sers, .he,eef,. An ie4y;
JonS s. .i14vlnl
Complainant. II.
Henry SHAW, spAu'- ID chsneery J,
ding Tiffany and c!ll u C6shpiAin,
w. g D.Smi,l,ds Co
who are inp!eadsJ
with Jeremiah smilh
Defendants.
TnE said defendants will i;elabv TAX,
notice, tina, the said Com pIainant on tn.
18th day Of December, A. D ls49. flee
his certain Ri!l Of complaint sga;pst IL,
said defendants in said Cours, scttinj
forth ihat'ahout the 9Th day Of February
a. y. 1910, said complainant Purchase,
o'the said jeremiah Smith Chen the H.
gal owncr) certain tract or par.eI q
land situated in said County. containing
thirty acres end ninety one hundredtAs
being a part Of The S. w Ia of section
No. Gin Township No. 69 North Of Range
No g West. and bounded as follows, to wit
Beginning at point 10 chains and 90
links South from the N. w. corner Of said
quarter section, thence N. 80 and $50,
East Is chains and SO links 10 lime
stone 12 by Is inches; themes. N. l6'',
East 10 chains and IS links to- a limo
stoM l2 by Is inches. situate on the cen
ter line Of said section; thence West along
the center line Is chaias and GO links TO
the North W. corner OF said quarter Sec
lion; thence South along the Range line
- chains aud 80 links to the place Of be.
ginning. And that sometime thereai.
Ter the said complainant. entered into the
actual possession thereofend has been by
himself, agents, and tenants in tie actua,
occupancy and enjoyment OF said land
ever since, and has made valuable and du.
rable improvements thereon by erecting
dwelling aud other houses and entire en-
closures around the same ut great cos,
and trouble, aud that the samc 10 thereby
greatly enhanced in value, dec. &c. And
that about the Gil, day Of February, 1910,
said Smith executed aad delivered TO said
:. -''mplulnar'. q deed Of conveyance in fee
simple =. So III ground as said complain.
IN. and said Snu. .Aen supposed, aud
,hst said deed was recorded, Nv co1nplain,:
ant as such. and filed and recorded. % the
Office Of the Recorder Of deeds for sa,u
County, &c. aud that said complainant
has recently learned and ascertaincd lha,
the said deed. instead Of setting out the
true boundaries ofsasd land, so purchas' d
and intended to be conveyed US aforesaid.
through mistake Of > ii defendant and
said complainant, the same sets out o,her
and different bounda aries, which, are crro.
neous in poin, 0: fact, by which other and
different lands from those 50 purchased
by said complainant ms Aforesaid, are ia .
cluded in, and described by said bounda-
ries. and not the lands SO intended bv the
said parties to be described and conveyed,
&c; and tina, sud coed being so CHROME
ous ought to br changed, Sec.
Said Bill also sets forth that at the Dc.
tober term Of said Court, laI., said Hen.
ry Shaw, who sues for the use Of suid
Spauldlng and Tiffany, recovered Is
the judgment Of said Court, :he sam o('
Sl65 GO and costs VI suit, against sud
Jeremiah Smith; and tina, a: the same
term ct, said Court, W & ID. Smith, &, TO
also recovered judgment for the sun, of
S547 iGu, and costs Of salt, against
the snld Jeremiah Smith. both of which
Judgements remain unsai!sti-d. &c and
tina, said Judgments are leins upon The re.
81 estate OF said Smith; whereby the til
tie OF said complainant to said land may
become endangered. and placed in duubt
ana uncertainty -and hat innsmuch az
said complainant purchased SAID lan.i Tor
valuable and foil reconsideration, previous
10 the rendition of said judgment, aud was
only prevented from obtaining full con-
vryance OF tho entire iesa! estate thereto
by mistake in reci!i', g the boundaries as
aforesaid, that in equity and good con-
science. the right and title oil said com
piainsn, is prior and paramount 10 any
lien which said plaintiffs or the iude
men's at lazy or either OF them can lu.
gally have to said lands by virtue Of said
judgments.
Said Bill! also prays that said ;u,Igmen,
liens (ii any have accrued) be sci aside
rs TO said lands, and tina, said lands he
decrced 10 be forever cxemp, ,heryfrom
And that said defendants eeyc rally on.
swer The charges aud allegations in said
Biz Of complaint, and said Smith speciti.
cally answer the severai heterogeneous
therein propounded to him; and that all,
and singular the premises. having been
seen, and heard. and fully understood,
that said Cour. may order and decree
that any such supposed judgment liens be
vacated and set aside,-and tina: said Jer.
emiah Smith be decreed 10 convey the
said lands to said complainant in lee sim
pie. BY good and sufficient deed or to
amend said deed, &C., &c. Now unless
the said defendants shall be aud appear
before the SAID Court ns i Cou =, Of Chan
Gerry, on or before the first day Of the.
next term thereof, and answer The sai!
compliments Bill Of complaint, the same
will be taken as confessed aud decree en-
tered accordingly.
Dated December e2nd, ls4e.
Johns. DUNLAP, Register ia
Cchanccry. Deshioines County.
.. RokER. Sol'rgipr Complainant.
dec 3l-6t 80 D..
NOTICE.