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

TERRITORY OF Iowa DEsMo1SEsC ouNry,ss
District Court far sail County. to the Eel
ruary Term Aiereor, A. y. 1888.
] CowLEs & KRUM,
rs. Bin for Dissolve
i Francis j. Clark anLI nv sc.
Charles Clark dei7ist
The said defendants will hereby take
notice, that on the 2lst day Of September
! A. d. 1912, said complainant filed hi:
Bill OF complaint agains, the said defend
ants in the. Office Of the Clerk Of sail
Court, setting forth that at The October
term Of said Court. 1910, Charles w
Hunter. who sued for. the use Of sait
Cowles & Krum, recovered by the con
sidera,ion and judgment Of said Court IN
an action Of assumpsit against the said
Francis J Clark and one Gcorge.H II. Wal
worth, the sum Of slGl,48 damages and
S6,53 costs Of suit. and that SAID juds-
meat was recorded in the name OF, the
said Charles W. Hunter as nominal plain
tiff, but in reality and truth forth use 0!
said comp!ainants to whom said deb,
rfghifully belonged, and chat at the time
Iof the rendition Of said Judgment said
compliments lel;cve the said WaIworth
bad 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 aud ,nat said COMPLAIN
ants have beenas yet unable TO find any
effects Of Francis j. Ciark. out Of which
10 make sai,! deb.-and. that an exc, ution
has been returned therein, ''no property
found Sc. and that sisid complainunts
know Of no Jfoner,y belonging to either
said N'alwor.h or 10 said Flanc's J. Clark
hesd in either Of their own names which
could be subjected to the payment of the
amount of said Indignant. That sometime
in the month OF Octo5er, 1911, said Fran
els ]. Clark purchased Of one Reuben S.
Adans..or some other persons. Il lot Of
ground situate in the City Of Burlington.
in said County. numbered 433, for the
sum OF about 100000 and that as sad
compliments believe the SAID Francis ].
Clark paid for the same in his own prop
er funds, but instead OF king aud recev
ing title 10 sad 10, in his own name.
the said Francis j. Clark. with view to
delraud said comp!ainanis out of their
just demand ard eyade the paynen, OF
his just debts, combining and contedera-
ting with the said Charles II. Cialk who
was then sud Sill; is q citizen OF llamp,
shire county. in The State Of Aiassachu
sets. (,nd whois brother OF said Francis
J. Clark as cenplainanis beiieve,) to dc
fraud anil Cheat said eonnplalnants in the
premises aud hinder and delay the cplec
lion Of their just debt aforesaid, although
the purchase consideration Tor said 10. Of
ground. was paid out of the individual
funds Of said Francis J. Clark; fraudulent
~ procured tie title deed for said lot to
he executed. 10 and III behalf Of said
Charles II. Clark, us'l as said complain
ants believe without any good or valuable
Charles II Clark to the said Francis
j. Clark and that said deed is Translucent
ana void rs against previous creditors OF
the SAID Francis J. Clark THAT said
deed was duly executed by sad t.,lns
and wife. and has been duiy recorded IN
the office of the Recorder Of ,!..eils inr
said County. All ii which sciluys and
doi.,gs Of! the said dctsntants in the prem
Uses. comptaiiants charge are contrary 10
equity aud good conscience, and lhsl by
means thereof they are in great danger OF
entirely losing their said debt.
Said Bill also prays, that SAID defend
ants may OH their respective oa,h., full.
ample and complete ans ers, make to the
several charges and allegations OF said
Bill, aud particularly. answer the sew
eral intev1ogatories PropounJed 70 them
in said Bill, end lha, the p,em s.s being
fully heard aud understood said Court
may grant general relief in the premises,
and that said deed OF conveyance TO the
81 d Charles IL. Clark M decrccd 10 be
Cancelled. and the said lot OF ground and
the appunenaAces be held subject to the
payment OF complainants said deb. and
,,.creed to lG sold sccordngIy. Said de-
PENDANTS ~lll also take notice. that sub
p,ena vas issued 10 them il. the above en-
titled quit which has bsen returned
.non sst iacsstHs.'
NoS. u.,.css the said defendants be and
appear before sal, Court. Oh or before the
fret day OF the next term lher sitting
AS Court OF C"Nncery, and answer said
comolalnanis Bill Of complaint. the same
will pc taken rs confessed by them aud a
decree entered Accnr,iinglv.
Dated this ga day OF December, A. D,
i3I2.
JOHN $. DUNLAP, Register in Chan.
cerv, lses Aoines County.
VI 4 ~