Hawk-eye. [volume] (Burlington, Iowa) 1843-1845, 1844-02-08
Territory # Lopd,.l -.

Territory y ooa,.l
| County Of Dss Moimes. -
| District osswt for said county, to the Febru-
arg Term thereof, A D 1874.
John D. JONES' Bill in Chancery for
Thomas Mosley.S of a Mortgage, &c.
TINE said defendant will hereby take no.
l. tice, that on the Goth day of Decem-
Der, A. D. lS43. the said complainant filed
in the office Of the clerk Of said court, his
bill OF complaint against him. the said
Thomas Mosley stating in substance that
on or about the LIST day of October, 1872,
the said complainant being the rightful
owner and legally possessed of the north
part OF lot Of ground No. "a. in the city Of
Burlington, in said county, leased and to
rent, let, to said Thomas Mosley by deed Of
that date "a copy of which is annexed to
said billy and which is duly executed by
said complainant and said defendant for the
term of five years, then next ensuing,
part of said lot of ground bounded as fol-
lows: Beginning at the N w corner OF sd lot,
running thence south along and on Main
street fifteen feet, thence east fifteen feet,
thence north fifteen feet to Washington
street, thence west along and on Wash
ington street fifteen feet to the place OF
beginning, for which said Mosley agreed by
the terms and obligations of said lease
agreed and obligated himself to pay unto
said complainant the sum OF SIG, 5O-l00
the end of each and every three months
during said five years, and that said de-
PENDANT by the express terms and conditions
Of said deed of lease, gave unto said com.
planant and thereby then and there sub
jected said leasehold premises, estate ana
improvements to the payment Of said rents,
and subject the said premises in law and
equity to n lien in the nature of a mortgage
or in some other respect, for the security
and due payment Of the same and thereby
become liable in default of payment of the
same to have the right, title and posses
sion of said defendant in the premises, so
subjected TO said lien, forever foreclosed,
and the same sold to pay said rents, and
that said defendant in accordance with the
terms Of said lease entered into the posses
sion and enjoyment of said premises and
has been ever since and still is in possession |
thereof; and that said defendant has erect
ed cheap building thereon and is now in
the occupancy Of the same and that his IN
terest in the premises is not more than SUI
fcient to pay said demand and costs, and
that said defendant has not paid to said
the rents aforesaid or any part
thereof in quarterly payments as aforesaid
or otherwise, but has at all times refused
and neglected to pay the same or any part |
thereof, and that there is now due said com.
plainant on said lease for rents as aforesaid,
the sum of S20,624 or thereabouts. And
also that the said mortgage was given to
secure to said complainant the payment OF
the further sum Of ST. so before that time
due complainant from defendant for rent OF
a portion of said lot No. 81 as will particu.
larly appear by exhibit No. 2. filed with |
said bill. Said bill of complaint therefore
prays that said defendant be compelled to
answer said bill, and that an account may |
be taken of the aggregate amount so due
said complainant, and the same or any part
thereof being found due and unpaid, that
the said defendant may be decrecd to pay |
said complainant the same by given day
and that in default of such payment, II Dc
further decreed that his equity OF redemp.
ton in said improvements and lease be tore
closed, and that said premises leasehold es.
tate and improvements may be sold, ana
the proceeds Of said sale be applied to the
discharge of said compliments demand ard
cost OF suit, and the purchase under said |
sale placed in posses sion Of said premises.
And whereas also on the said goth day
Of December, lS43, writ of subpoena was
issued directed to the said Thomas Mosley |
in the above suit which has been returned
non est inreatus. Now unless the said Thorn
IS Mosley shall appear before the said dis
trict court for said county, sitting rs court
Of chancery on or before the first day of
The next term thereof, and answer said bill
Of com plant, the same shall be taken by
him as confessed and decree pro contesso
entered accordingly.
Dated Dec. Goth, lS43.
JOHN S. DUNLAP, elk.
D. RoRER, Solr for comp't.
Jan4 '44-.6t 80