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

| EhKl WY VI lOWAsoEoNOlShSS OUNTGsoS
District, Cos,s for said County to ne Eet
runry ler.r thereof. a. u. is4,.
!ons s. pAylu,|
Complainant.
rs.
Henry Shaw, spanl-l In .Chnncery
ding {; Tiffany and I:i'l 81 Complain,
J va u. Smith & Co
who are implcsded
with Jeremiah Smith;
Defendants.
TnE sid defendants will hereby TAX,
notice, tha. the snid Complainant on thu
18th day Of December, \. D le42. filet
his certain Bill o. comp;aio; against III,
said defendants /, said Court, setting
forth that abou, the 5.h div Of February
A. D. 1910, said complainant purchased
cf,hc said Jeremiah Smi.l, (l.en the le
gal owner) certain trac; az parcel O
land situated in said County, containing
thirty acres end ninety Que hunored.hs
being part the s. w. Ia Of section
No. in Township No. 50 North Of Rac re
No 2 West. and bounded as follows, to wit
Beginning at point 10 chains and So
links South from the N. w. corner Of snid
quarter section, thence. N. 80 > and S.,
East Is chains aud SO links to lime
stone l2 by Is it:chcs; themes ". l6'',
East 10 chains and S. links to lime
stone l2 by Is inches. situate Oh the cen
ter line Of said section; thence vest along
the center line ! 5 chains and 60 liz: ks 10
tho North w. corner. OF said quar,er Sec
lion; thence South along the Range line
10 chains snd 80 links to the place Of be-
ginning. And that sometime thereai:
Ter the said complainant entered into the
actual possession thereof and has been by
himself, agents, and tenants in the actual
occupancy and enjoyment Of said land
ever since, and has lnRde valuable and du.
rable improvements thereon by erecting
dwelling and other houses and entire en-
closures around the Same at great cost
and trouble, and that tho same is thereby
greatly enhanced in value, &c. &c And
that about tho 9th day Of February, 1870.
said Smith executed and delivered to said
complainant deed ofeonyeyance in fee
simple for said ground as said complain
ant and said Smith then supposed, und
that said deed was recorded by complain
ant as such. and filed and recorded in the
Office Of the Recorder Of deeds for said
County, &c. And that said complainant
has recently learned and ascertaincd that
the said deed, instead Of setting out the
true boundaries oisad land, so purchas d
and intended to DO conveyed rs aforesaid,
through mistake Of 3 III defendant and
said complainant, he same sets out o.her
and different boundaries, which ore erro.
neons in pon, Of fact, by which other and
different lunls from those so purchased
by snid complainant rs aforesaid. are in.
ciuaed in, and described by said bounda
ries, and not the lands so intended by the
said parties to be described and conveyed,
NC; aud ::ha, said deed bct6g VI r.onc
Gus ought TO - changed. &c.
Sail Bill, also sets fort. that at the Dc
,ober term OF said Court, l94., SAID Hen
~ Shaw, who sues for The use OF said
Spauldlng and Tiffany, recovered by
the Judgment Of said Court, he sum of
Sl65 90 and costs vi suit, against said
Jeremiah Smith; aud ,,a, q. the same
term oil said Court, w .& d. Smith, & TO
also recovered Judgment for The sum o!
s547 ,64-lOu, aud costs Of suit, against
the sa'I jeremiah Sl.iii, both OF w!,icl,
| Judgment, remain unsnt!sfed, &C. aud
tha, said Judgments are Ieins upon the re-
81 estate OF said Smith, whereby the Ii.
tie OF sale' complainant. TO said land may
/ become enaang ered, aud placed in douo,
aud uncertainty and that inasmuch az
SAID complainant purchased SAID land for
q valuable and full reconsideration. previous
! 10 the rendition OF said Judgment, and was
only prevented from obtaining iul con.
4 yeyance OF .he entire legal estate thereto
by mistake in reci.i' The boundaries rs
aforesaid, that in equity ard good con
science. tie RICH. and title OF sai, com
piainent is prior and paramount, 10 any
lien which said plaintiffs or the judg
ments AT law Or either o them can lie
gally have 10 said lands by yir.ue 81. suu
Judgments.
i Snid Bill also psays that said judgmen
liens ii any have accrued) bn sc, aside
rs TO Said lands, and that said Iands be
decreed 10 be forever exempt ,herelrom
And that said defendants seyerally an
swer the charges and allie CATIONS in sai,
Bill Ut complaint, and said Smith spsci6
caily answer the several heterogeneous.
therein propounded TO him; and that all
and singular the premises. having bee,
seen, and heard. and fully understood
that said Court may order and deere,
that any such supposed Judgment liens ,,
vacated and set aside,-and that said Jcr
clninh Smith be decreed 10 convey III,
said lands 10 said complainant in tee sin,
pic, BY good and sufficient deed or I,
amend said deed, &c., &c. Now unles
the said defendants shall be and nppea
before the sad Court, rs Cour, Of Chan
Gerry. on or before the first day Of tn
next term thereof, and answer the sal
complainants Bill Of complaint, the sam
will be taken as confessed and decree en-
tered accordingly.
, Dated December 22nd, f84e.
JOHN S. DUNLAP. Register j
Cchancery. De. Moines County.
.. RonER. sol'r for Complainant.
dec 3l-6t