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

TEsat7oaY OF Iowa, D.sMelHEs CoUNrY, ss,
District Conrt for said Coun,y. to tie Feb.
ruory iermsar,eef, A. D. l843.
CowLEs & kKuN,
rs. Bill for Dissolve.
Charles arl Il. Clark liar! def's|
tbs said defendants will hereby take
notice, that on the 2 lst day Of September,
a. y. l8le, said complainant filed his
Bill OF complaint agains, the said defend
ants in the office Of the Clerk Of said
Court, setting forth that at the October
term Of said Court. 1910, Charles w.
Hunter. who sued for the use Of said
Cowles s. Krum, recovered by the con-
sidera,ion and Judgment Of said Court in
an action Of assumpsit against the said
Francis ] Clark and one George II. Wal
worth, the sum Of Sl6l,4s damages and
S6,53 costs Of suit. and tina. sud judg-
.nent was recorded in the nano Of, the
snid Cha rles w. Hunter as nominal plain
tiff, but il reality and truth for The use Of
said comp.ainants to whom said debt
rightfully belonged, and shat at the time
Of the rendition Of said Judgment said
complainants believe tho said Walworth
had not any tangible means or effects Of
which to make said amount or any part
the nor has he ut this time any such
means or effects and That said complain.
ants have been as yet unable to find any
effects of Francis ]. Clark, out OF which
to make said debt aud that an eeu,ion
has been returned therein, 'sno property
found" &C.. and that said complainan,s
know Of no property belonging to other
said Walworsh or TO said Francis 3. Clark
held 10 either Of their own names which
could he subjected to the payment Of the
amount of said Judgment. That sometime
in the month OF October, l84l, said Fran.
els J. Clark purchased Of one Reuben s.
Albums, or some other persons, a lot Of
ground situate in the City Of Burlington.
in said County. numbered 438, for the
sum OF about $eLOO,OO and that 40 said
compliments believe the said Francis ].
Clark paid for the same in his own prop.
or funds, but instead Of taking aud receiv-
ing title 10 said iot in his own name,
the said Francis ]. Clark. with view to
defraud said complainan,s out Of their
Illus, demnnd and evade the payment Of
mis- lust debts, combining and confedera-
tug with the said Charles H. Clark who
was then and stii, is citizen Of Hamp.
shire county, in the State OF S;sssachu-
sets, (and who il brother Of said Francis
J. Clark as complainun,s Believe to lie
fraud and cheat said compliments in the
premises and hinder and delay the coliec-
ton Of their just debt aforesaid, although
the purchase consideration for said lot Of
ground was paid ont Of the individual
funds Of said Francis J. Clark; fraudulent
~ procured the title decd for said lot to
he executed. TO and IN beha,.s OF said
Charles II. Clark, and as said complain
ants leiieve withou, any good OF valuable
consideration whatsoever from said
Charles II Clark to the said Francis
J. Clark and that said deed is frauluen,
aud void as against previous creditors Of
the sa,d Francis J. Clark that said
deed was duly executed by SAID Adams
aud wife, and has been duly recorded IN
the office Of the Recorder Of deeds for
said County. All Of which aciings and
doings O! the said defendants in the prem
Ises. compliments charge nre contrary 10
equity aud good conscience, and that by
means thereof they are in grea, danger of
entirely losing their said Gebt.
Said Bill also prays. that said defend
ants may on their respective uaths, full,
ample and complete answers, make to The
several charges and allegations Of said
Dli', ard particularly, answer the sew
eral Undergraduates propounded to them
III said Bill, and that the prem SEES being
fully heard and unds rsloud said Cour,
may grant general relief in the premises
aud that said decd of conveyaEce TO the
sa d Charles II. Clark be- dec,eed 10 be
Cancelled. and tho said lot Of ground and
the nppurlenances b. held subject to the
payment OF complainants sat, deb. an.
decrecd TO be sold accordingly. Said de
PENDANTS will also take notice. that 4 sub
poena was issued 10 them in the above en-
titled suit which has been returned
4 ''non est inreDius."
i Now, unless the said defendants be AM
appear before said Court. on or before III.
first day Of the mex, term thereof. sitting
as Court Of Chancery, and answer sale
com claimants Bill Of complaint. the sam.
will De taken as confessed by them and !
decree entered accordingly.
Dated this 22d day OF December, A. D
1919.
JOHN S. DUNLAP, Registers in Chan
Gerry, Dss Moines County.
]. D. RoRER, Sol'r tor Conplainants.
dec 3l-Gt
WIN. S. DARKER. B. WAIT.
DAElxAD s. WAlEo