Hawk-eye. [volume] (Burlington, Iowa) 1843-1845, 1844-02-01

Territory Of Ioua,
County Of Des MONIES. 50
District court for said countv. to the Febru.
0ry' Term thereof, A d 1914.
John D. Jones, Bill in Chsncery for
vs. the foreclosure
Thomas Mosley.S of a Mortgage, &c.
TIME said defendant will hereby take no.
i tice, that on the Goth day Of Decem.
Der, A. D. 1643. the said complainant filed
in the Office Of the clerk Of said court, his
bill Of complaint against him, the said
Thomas Mocley stating in substance that
on or about tho LIST day OF October, 1912,
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 Eve years. then next ensuing. 4
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 0!
beginning, for which said Moslcy agreed by
the terms and obligations OF said lease
agreed and obligated himself to pay unto
said complainant the sum OF Sl6. $1,000
per year in quarter yearly instalments at
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
plainant and thereby then and there SUBJ
jected said leasehold premises, estate and
improvements to the payment Of said rents,
and subject the said premises in law and
equity to 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 promises 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.
fcicnt to pay said demand and costs, and
that said defendant has not paid to said
complainant the rents aforesaid or any par,
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 S20,62t 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
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, aud the same or any part
thereof being found due and unpaid, that
the said defendant may be decreed to pay
said complainant the same by given day
and that IN default of such payment, it be
further decreed that his equity Of rcdemp
ton in said improvements and lease be fore
closed, and that said premises leasehold es-
tate and improvements may be sold. and
the proceeds CT said sule be applied to the
discharge of said complainant's demand ard
cost OF suit, and the purchase under said
sale placed in possesso Of said premises.
Aid whereas also on the said Goth day
Of December, 1913, writ Of subpoena was
issued directed to the said Thomas Mosley
in the above suit which has been returned
non est inuentus. Now unless the said Thorn
as Moslcy shall appear before the said dis
trct court for said county, sitting US 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 by
him Us confessed and decree pro nfesso
entered accordingly.
Dated Dec. 30th, 1S43.
JOHN S. DUNLAP, Cl'k.
D.. RoRER, Solr for comp't.
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