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

Tsstr7osY or Iowa, Drsnslnes CouSig, IS
District Court for So County. 10 tie Feb
,rary sva AcrceG a. D. ,a43.
I CowLEs 6sxEuM,
| complainanv. In chaocery,
rs. Bill FOE Dissolve.
Francis J. Clark and ry sc.
Charles II. Clark def',s
THE said defendants will hereby take
notice, that on the 2ls. day Of Sep,ember;
A. D., ls42, said complainant filed his
Bill o! complaint agains, the said defend
ants in tho Office Of the Clerk of said
Court, setting forth llat a, the Octobe.
term Of said Court, 1870, Charles w.
Hunter. who sued for the. use Of said
Cowles & krum, recovered by the con.
sidera,iOn aud judgment Of said Cour, in
On action Of assumpsit against the said
Francis J Clark and one George II. Wal
worth, the sum Of Sl61,48 damages and
$6,b3 costs Of suit. and that said jldg-
nacnt was recorded il the name Of the
said Charles w. Hunter as nominal plain
Tiff, but in reality and truth for the use OF
said comp!ainants to whom suid debt
rightfulIy belonged, and that at the time
Of the rendition Of said judgment said
accomplishments Lelicvo the said Walwor,h
had not any tangible means or effects Of
which to make said amount or any part
thereof nor has he at this time any such
means or effects and that said complain.
ants have been as yet unable TO find any
eaScts1f Francis ]. Clark, out Of which
to make said debt and that an exec u,en
has been returned therein, 'sno property
found" &c.. and that said compliments
know Of no proneriy belonging to either
said Walwor.h or 20 said Francis ]. Clark
held il either Of their own names which
could 10 subjected to the payment Of the
amount of said judgment. That sometime
e the month OF October, l84l, said Fran.
Gle ]. CLARK, purchased Of oae Reuben s.
Albums, or sot.,e. other persons, lot If
..nund situate in the City of Burlington.
r. .,id County, numbered 438, for the
sum of abou, Sset.oO,00 and that as said
complain.n,s believe the .aid Francis J..
Clark paid for the same in his o"." prop
or funds, but instead Of taking aud receiv.
ing title TO said 10, in his own name,
The said Francis J. Clark, with view to
defraud said compliments out of their
just demand and evade the payment Of
his just debts, combining and confedera.
thug with the said Charles n. Clark who
was then and still is citizen Of Ha,np.
shire county, in the State Of Massaclu.
sets, (and who il brother of said Francis
J. Clark US complainunts b-lieve,) to de
fraud and cheat said tompiainants in the
premises aud hindersand delay the coliec-
ton Of their just debt aforesaid, although
the purchase consideration for said lot Of
ground was paid out of the individual
'fuads Of said Francis J. Clark; fraudulent.
~ procured the title deed for said lot 10
I've executed. TO and in behalf Of said
Charles Il. Clark, and as said complain
ants believe without any good OF valuable
consideration whatsoever from said
Charles II Clark to the said Francis
J. Clark; and that said deed is fraudulent
aud void as against previous creditors Of
the sud Francis J. CIark;-that said
deed was duly executed by said Adams
and wife, aud has been duly recorded ia
the office Of the Recorder Of deeds Tor
said County. All Of which ac,ings and
doinss oft said defendants ia the prem.
Uses, compliments charge are contrary to
equity aud good conscience, and that hy
means thereof they are in grea, danger Of
entirely losing their said debt.
Said Bill also prays, that said defend
ants may on their respective oi,hs, full,
ample and complete answers, make to the
several charges and allegations OF said
Bill. and particularly, answer the sew
eral Undergraduates propounded to them
IN said Bill, and that the prem .ses being
fully heard aud und. rslood said Court
may grant general relief in the premises,
and that said decd Of conveyance TO the
So d Charles Il. Clark be- dscrecd 10 be
Cancelled. and tho said 10, OF ground aud
the appurienances bs held subject 10 ,s.e
payment OF compainan,s SAID deb. and!
decreed TO he sold accordingly. Said de-
PENDANTS will also take notice. that sub
poena was issued 10 them in the above en-
titled suit which has been returned
| mon est inren!Ms."
Now, unless the said defendants be an,
appear before said Court. on or before the
first day Of the next term thereof, sitting
as Court Of Chancery, and answer said
com?lainunts Bill ofcomplain,. the same
will DC taken as confessed by them aud a
decree entered accordingly.
Dated this 22dday Of December, A. D.
l342.
JOHN S. DUNLAP, Register in Chan
cerv. Des MOines Comntv
y. RoRER, So!'r Tor Conplainsnts.
dec 3l-Gt
VIM. s. BARKER. &. WAIT.
Dl.1lz!s:R y WA1Ea