Iowa territorial gazette and advertiser., 1844-08-10


| uistrict Court for said county, to Novembe
i term, 1874.
! William Lazier.
rs.
Robert Letter. impleaded ! Ii Chancery.
witl David Rice, Daniel Rice
and NJ. B. Cox.
lTNHE said Robert l., fier win hereby tale no
tce. that the 10Th day of May. 1874. the
sa'd complainant filed in the Office of the CLERK
o. said Court his certain bill Of complsint agaius,
| the said defendants. representing in substance
| .aa, on or about the tst day of January. 1872.
ss'o David hse was Indebted TO said Moses q.
.nN, in the sun ot $6l0.6S, aud made and de
tsered 70 said Cox. his note for ,ha, sun pay.
aai- twelve months after date aud bearing date
on SAID ist day OF January 1912 aud to hear inte.
rest after due at twelve per PEI annam until
paid, rs viii full, appear hy r,trr,Rre to exhibit
no. y anntxed 10 said Bill, .n1 tlat on or about
ihe Il,h da, of Nove n,ber 1872. ia consideration
sert'er iafpearsnee on pett Vi sa,d Cox tor said
jeot aiisr Il shoula become cue. the said Rice.
ah understanding in Wfiti1g ~ the margia OF
said mote. assted tn pay said Cox Interest on said
,o'e = tue rate twenty per cent. ,ron m. tln,e
= snonid become due. ataii paid, Will iu.v sp
,s.sr y. rei.rrrce u exhibits No =. ant No n
saaeSed 10 saal bin. SSi bill also states ,ha, cn
Tue sth day of Ap~i,. ,SLs. ghe sam ef SSS. 50
aas paid on the Interest uR saiA note. poo tnat
n the sth day ot July, iSiS, thc iatth,r sam III
sa,S0 was paid on acc Nuet % ns.rest on sal
aole, as viii tuilr appear by the .nderseme ats
taes ot on the back ot exhibit No. ;, aud sairh
tnattscheats are made pat Of saiJ bill tnd ar,
markeu as exhibit No. 4, SAID htii ats, r.nst.
sents test after the making OF the said not, ,towt;
aa The l7th day OF January. iSis. the sail RE,
beirs |. ~tully possessed at tcr,sia ate an
es.e,e in anu 10 '"t numbered 1873, Ia the cit, a.
Burlington, ,a said eonnp, .of tue purpose OF
more siscctaally securing 10 the said NJ, b. -
ne pay meet oi the said sum OF moL.v in the sai
prom'so'y no,., specified according to IL. ten,r
asd ,d,et tier OF, aud with Interest as ator, ssid
oA certain trust deed bearing dst, on said i5ih
das ot January, i&ie, and duly executed untl.r
ms hand rad s,sl, and arknnw,dg,i according
to iAa--coasty,d 10 cne Charles A,aiera aal alg
anSon u Hubbard, Joidk, aud IN trust Tor tie
security OF The ps,ment o, said a, ht and int.,ea,
IA. nnuNldeu lalt pat Ut saia lot uf ground
" I'm AL tie apFar,t nanr,s and hcre,itamvnts
u.rsonto eeiongtng, a0a all the e>tat.. right aud
ottS 81 tne sa,d hiee IA snd TO tue same ia law
aau ~ ,QuiAs--to hold the Satue uyoa this csaai.
tch rnc ior tgust purposes " follows to vii thai
u tthau De made by satd R,ce in the paVmen, af
sad note aud ia,,r,st, then the said trustees
aiad' ra aad ,lnhbard al th.ir h,irs, asslgns OF
taher oi th,a we're authorized IN sad deed pf
last - ent,r upon said LOT aud take possess;on
u see saia pr.ntss- aad u make a public sale oi
TITS s.me attr sntag n0tite th,r,ot as la said
ras os 81 sFr, a.d; ald hsvit,- So taatIr sale of
>ala p,"@'ses. The sald tGst.,s were jaiatty au.
thoF'sed 20 SoaNey aerordlagl. sil tae ,,gtt, title
anu iGt,fest II the said E.c, IN ana To tte same,
~, IN the ,scut u said Rirr mahiug ~, ment III
>a,d note accorc'.g IN its t.atr aaa .tect. then
s"id ICED was 10 nr .uli anu vcIu ano th. ,stat,
"a sad premise shoa aie revert back 10 said Rec,
as aors ~ asSigns, al 81 whlch with other supu-
'"iiens Ac..Miii more ia, appear by reference to
$40 trust dsed annexed 10 .atd bli OF com. .laini
aud mark, d as exhibit No j.
Az, a'sn ibattse tale 70 SAID l-"t No l8S had
been obtained irom Government il ile JOINT
naa'.s OF SAID David dice aea oae Ro ,ert Lttl- |
iHs and that subs quent ,her.4o and prevl> us to
Al, ntt N. "A -. hx
rons. ~ ana fetnlseIun u sala Letter. tad taken
possession oil tse south hHt ot said lot aud hai /
opproprlated 1T to hi, use aud had ii. cted to
receive tae same IA hsu of his sali undivided 4
lnttrtst. aud mad erected on IN, u large ani L
erniant NJ dwelling house aud at great costs ani
Al e,s awn change. was at the ta,e lie made
'ala trast deed IN The pcac, able occuparc, aud
'~sstssion - the same, mnd 80 had been Tor "A
org ume previous thereto. Hy p,t ans OF alt
shteh said complainant charges that de said
tlee IS tqWtaok .ait,ied 10 have aud held the
a'a So"'a haii "a s"id t.nt, Ter hi- own IN OF
'ts ottsinai anulNiGtd halt thereof and that said
>"ata mali became ard was, au.t stHl IS liable IN
quity t"r sold d,ht aau lut, rtstac
9ath bht also charges ,hat no part Of said mo-
~ had ever lr,n laiI except suci pawn, nls as
iaN been hereiu h, fore adnt..,d aid ;Aat sa d
romissoty note has bees transferred by said Cox
y assls s",t.ti 10 >aia complainant accompanied
!! TIC eiN,ry VI saij tr.s, deed, b lth ui nhicA
te "ow tte property ot sald con.p plainant. aud
""N S"'' 'A"N'ia "hd tnt SAID Hubbard utNtr
Sus' q the sa,d trust nUr did either of them;
nat satd Hubbard has since d, rart.a thus
t.. Whereby u - r.ad. rcd nipsac t. able % have
a'a Must .Ateaitd aecorli to lis original
erai> DC.
SAID iili therefore prays that the said south
'ait OF SAID lot may b, subjected 70 the paym ymeut
{ said demand. iustead OF the und,vi!.a half
hereot lf equitable aad proper, aud if NJ, .h,n
D the enc that said un,,i,iGed L-it may n. !,
unlecttd, and ...rt he sa.d MADEIRA or sam, one
Is. to DC named 10y said Cou,t. ma, be d,,resd
, perform said trust and to sell said rr.e,rty so
i5Iccted 10 pay said debt aud interest ana 1, ca,
e, the same accordingly under such terms and
oaditions as the Court shall de en- .ouitsbl, Sc
nj that the equity OF redemption OF said David
iice, and all eihers IN aud TO the pe.n;scs, may
{ forever barred nj Tor, closed; aad that said
!. i.efier then satw cause, Il any he has whv the
I'D south halt OF said l.ot with the annarten
noes shall not be sold as aforesaid &c A,d ,
fsreas VIII OF suopena was issued against the
nd q. .tenSents IN TIE above ent ii, q sui on The |
aid 10th day Of May, 1874 Which has been re.
rned NbN Est INN ENrUs as to said Rohert / ea. J
z. Now unsss the SAID Robert ltf,er shall
.ar before the District Court iot said coanty s
iungas Court OF Chancery. and before the first .
y Oh tie next tetm thereof. and auswer the said .
~ Of complaint and sheu cause WHY the pi aver /,
sa.d Lii shall not be granted the same shall :
. taken as confessed as to hlm aud a decree +.
tercd accordingly
Dated tins Sd day If July. lSl4
/, 10 JGIN s. IlNLApClerk
ID. RoRER, Spl'r for cumpt. I
6t-prs f,.. & /