Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-03-16
Territory Of Ioma, a..

: s.s.s,' y s S. .s'ss,
Its!ric4 Court for said coantg 10 the Juws term
taerecfA. 4. 1874.
CoRSELlrs Bernard, Compt.
WILLIAM s. ScARnoRoucH,
i"p''asSs s1, with ss s s.,e' Gear cA'nssry,
VINHE said VIM. s. Scarborough will hereby
Il take notice that on the 18th day Of February
lS44, the said complainant filed in the Office Of
the Clerk OF said Court, his bill Of complaint in
the above suit: stating in substance that at the
government sale OF lands in the said Territory,
IN the Burlington Land District in 1888, or 1899
the West half OF the Southeast quarter Of section
No 80, in township No 10, North Of range No !
West, situatcd in said Desmoines county, was
offered for sale by the government of the United
States, and bid off the name Of Stephen Gear.
hart but in reality in trust for the said William,
s. Scarborough aud one George w. Hight, the
interest Of each Of said parties to be ascertained
aud determined BY arbitration, and that said Gear.
hart was thereupon to execute deeds to each Of
said parties, or their assigns according to the fin.
ding OF said arbitration; and that the said Scarbo.
rough paid to the government the whole Of the
purchase money for the said piece Of land, and
the certificate Of purchase was thereupon issued
by the Receiver OF said Land office TO the said
Gcarhart, he holding the title or the right to the
title in trust as aforesaid; said bill also states
that on the Goth day Of February 1912, one Thorn
as p. Emerson recovered against said Scarborough
in the District Court in and for said county, a
judgment for the sum OF $l25 damages, and So.
SS costs of suit and that on the 18th day Of Sep.
TENDER. A. ID. 1912, execution was issued on said
judgment and placed in the hands OF the Sheriffoi
said county for collection, and that on the same
day. to wit: on the 10Th Of September 1912, said
Sheriff proceeded to levy said writ Of execution
90 to him directed, on the whole Of the said west
half ofthe N. f. dissection No %, ia township
No 20 N. Range Ne . West as aforesaid, as the
property OF said William S. Scarborough, to sat-
isty said execution, and that on the Gath day Of
October 1912, the said Sheriff offered the said piece
or parcel Of land for sale at public auction to the
highest bidder, under and by virtue Of said writ Of
execution, and that the said complainant was the
highest and best bidder for said land at said sale
and the same was bid off and sold TO him by said
Sheriff, for the sum of $Sl, which said complain
ant then and there paid said Sheriff for said land
and that the said Sheriff thereupon executed TO
said complainant certificate Of sale therefor,
which is annexed to said bill as Exhibit CA.
And also, that more than fifteen months have
elapsed since said purchase of said land as afore-
said, and that the same has not been redeemed
either by said defendant Scarborough or any Of
his Judgment creditors BY reason whereof, said
complainant is entitled to deed in fee-simple for
said land but that it is out Of the power Of said
Sheriff to pass the title for the same to said COM
plainant by deed, in consequence Of the same be-
ing vested in said Gearhart, and that after the
purchase of said land as aforesaid, the said Scar
borough and said Hight submitted their respec-
tive rights in said land to arbitration. and the
same was decided, but what that decision was.
said complainant is not sufficiently Informed to
attes the same here
Said bill, therefore, prays that If it should ap-
pear upon hearing Of the premises that said Hight
is entitled to any part of said land, that the same
may be conveyed to him, and that the remainder
of the said land be conveyed to the said COM
plainant by deed in fee-simple, by the said Gear
hart aud if no part thereof be found to equitably
belong 10 said Hight, then, that said Gearhart be
decreed to convey the whole Of said tract ofland
to the said complainant, &C. sc.
And, whereas, also on the said 18th day Of Feb
ruary 1914. writ Of subpoena was issued directed
to the said VIM. S. Scarborough in the above suit,
which has been returned non est inrcntus Now
unless the said William s. Scarborough shall APP
pear before the said district court for said eoun-
ty, sitting court Of chancery, on or before the
first day Of the next term thereof and answer said
bill of complaint, the same shall be taken as
confessed BY him, and decree pro fssso enter
ed accordingly.
JOHN S. DUNLAP, Clerk.
NJ. D. BROWNING, Sol'r. for Compl't
March 18th, 1874. 6w-36.