Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-01-07
TsRaiToay OF Iowa, DEsMoISEs Coultzs.ss.
Disyic Court .fgr SAID County iolke Eel.
ruarv term thereof s n. %. 1Sl3.ss is, 4,

lhENiiuA1 Or low sAsey6SNHOlNSs0N wv zye = 49,
D;sric; Court tgr SAID County iol4e Ell
ruary term ih,teef. 4. O. 1s43. s
Joas $. DAVID. v
accomplishment.
rs.
! ss'y s 1,s aud Z . s'asss'
VA u. Smi,ll& Coz
who are implicated IS
with Jeremiai.SmilI.
Defendants.
Tue said defendants will hereby take
notice, TINT the said Compl;,inan. on thu
10Th day Of Deem a. D 1842, flied
his certain Bill OF complaint against the
said defendants in said Court, setting
forth that about the G,l, day Of February,
a. D. 1910. said complainant purchased
OF the said Jeremiah Smith Chen tic 10.
gal owner) certain tract or parcel ol
land situated in said County, containing
thirty acres end ninety-nn one hundredihs
being part ofthe S. w. Ia Of section
No. s in Township No. 60 North OF Range
No Q West. and bounded as follows, to vii,
Beginning at point 10 chains and sc
links South from The N. w. corner OF said
quarter section, thence N. SO and $50,
East Is chains- and so links 10 lime
stone l2 by l6 inches; thence N. l6'',
East 10 chains and IS lin;s 10 lime
stone l2 by Is inches, situau. on the cen
ter line Of said sector; thence West along
the center line Is chaias aud 60 links 10
the North w. corner OF said quarter sec.
ton; thence South along the Range line
l9chains and 80 links 10 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 made valuable and du-
rable improvements thereon by erecting
dwelling and other houses and entire en-
closures around the same at great cos,
and trouble, and that the snme is thereby
greatly enhanced in value, &c. &c. And
that about the 9th day OF February, 1910,
said Smith executed and delivered to said
complainant deed Of conveyance in fee
simple for said ground as said complain
ant and said Smith then supposed, and
that said deed Yves recorded By complain
ant as such. and fled and recorded in the
office OF the Recorder Of deeds for said
County, &c. And that said complainant
has recently learned and ascer;anc,l that
the said Geed, instead Of setting out the.
true boundaries ofsa,d land, so purchased
and intended To he conveyed as aforesaid,
through mistake Of $ id defendant ard
said complainant, The sumo sets gu. other
and different boundaries, which are erro.
nen;ss IN ro:n, cf fact, by which other AMI!
different lands from those SD purchased
by saib complainant as aforesaid. arc in.
ciuded in, aid described by said boun!a.
ries, and not the lands so ntenLed by the
said parties to be described aud convened,
&c; and that said deed beng SO crrcac
Gus ought TO be- changed, &c.
Said Bill also sets forth that q. HE Dc
'ober term OF said Court, iel,. SAID Hen.
~ ;sii.av', who sues for The use OF said
spautiiag and ' ...::..isy, recovered ty
the iuigusea, Of said Cuus', lie ss:n c.
Sl65, 90 and costs nf suit, against said
Jeremiah Smith; and that a. the sa1ae
term q said Court. w & y. Smith, 6 I j,
also recovered Judgment for the sum D!
S547 Cd 100. and costs OF ssi,, agaus.
the sand Jeremiah Smith, l,o,!l Of wl,c!.
lnd ginen.s remain unsa;siiAa. s.: land
tina, said judgments are leias upon he re.
al estate OF said Smith, whereby the ii
Tie OF said complainant 20 said land may.
become endangered. and placed in doab'
and uncertainty-und that inasmach rs
SAID complainant purchased SAID land i,f
u valuable and full considerations, previous
TO the rendition Of said Judgment, and was
| only prevented from obtaining full con-
yeyance OF The entire legal estate thereto
by mistake in reci!irg the boundaries as
aforesaid, that in equity and gooI cou-
science, the light and title OF said com
p'ainant is prior and paramount TO any
lien which said plaintiffs or the j.l4g
ments ct law or either Of them GIN lc-
gally have TO said lands by yir,ueyol sail
Judgments.
Said Bill also prays that said augment
liens (il any have accrued) bg sci aside
rs to said lands, and that sad lands be
decreed To be forever exempt ,hereirom
And that said defendants 5seysrally an
~ ~ 'h0 Suui s-0S 0uN CIV s.'.o'A" w essio
Bill. of complaint, and saN Smith specii.
cally answer the seveI heterogeneous
therein propounded tohim; and tina. all.
and singular the premises. having been
seen, and heard, mid fully understood.
that said Court may order ard decree
tina. any such s.pposed Judgment liens b,.
vacated and ST aside, and tina, said Jcr-
en,iah Smix, be dccreedi to convey the
said landsso said complainant in tee sim
pie, by agood and suffice nt. deed or 10
amend said deed, &C., &c. Now unless
The ssd defendants snail ,e and appear
be!.re the said Court. as Curt Of Chan
CRY, on or before the first day OF IN.
Inext term thereof, and answv the sud
compliments Bill OF compluin..,he same
| will De taken as confessed aud dxree Ell
ftered accordingly.
| Dated December 22nd, 1912.
JOHN S. DUNLAP. Reg,,or il,
/ Cchancsry. DesMo;nes Couty.
4 q. RoREn, Sol'r Tor Complainant
dec 3t-Gt
AT COST
An assortment of STOVES g. PIPE.
ALSO;