Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-03-30

s ass.,,s = s ys .s,sss =.
Distrsct Court for said county to the June tern,
thereof a. y. lS44.
CORNELIUS BERNARD, Compt.
WILLIAM S seAssosoueH, ." -
implicated with Stephen Gear chaneery.
hart, &c. deft.
vTVHE said WIN. s. Scarborough will hereby
j take notice that on the 18th day Of February
1874, the said complainant filed in the Office Of
the Clerk Of said Court, his bill Of complaint in
the above suit: stating ia substance that at the
government sale of lands in the said Territory,
in the Burlington Land District in 1883, or 1889,
the West half OF the Southeast quarter OF section
No %, in township No 20, North Of range No 2
West, situated in said Desmoines county, was
offered for sale BY the government Of the United
States, and bid OF ia the name or Stephen Gear
hart but In reality in trust for the said William
$. Scarborough aud one George w. Hight, the
interest Of each Of said parties to be ascertained
and determined by arbitration, and that said Gear
hart was thereupon to execute deeds 10 each Of
said parties, 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 therenpon issued
BY the Receiver Of said Land office to the said
Gearhart 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 1872, ono Thorn
as p Emerson recovered az ainst said Sc thorough
in the District Court in and for said county, a
judgment for the sum of $l25 damages, and &c.,
50 costs Of suit, and that the 18th day Of Sep
tember, A. ID. 1872, execution was issued on said
judgment and placed in the hands Of the Sheriff Of
said county for collection, and that on the same
day, to wit: on the 18th Of September 1912, said
Sheriff proceeded to levy said writ Of execution
so to him directed, on the whole of the said west
half ofthe N. E. dissection No 20, in township
No 10 N. Range No 2 West as aforesaid, as the
property Of said William s. Scarborough, to sat
isfY said execution, and that on the oath day Of
October 1872 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 oil
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 So, 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 GA"
And also, that more than fifteen months have
elapsed since said purchase Of said land IS 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 il entitled to deed in fee-slmple for
said land but that it is out Of the power Of said
Sheriffto pass the title for the same TO said COM
plsinant BY deed, in consequence e 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 il should APP
pear upon hearing OF the premises, that said Hight
Is entitled to any part ofsaid land that the same
may Be conveyed to him, and that the remainder
Of tie said land Be conveyed 10 the said COM
plainant BY deed ia fee-simple, by the said Gear
hart aud IL no part fbereofb found to equitably
belong to said Hight, then, that said Gearhart be
decreed to convey the whole Of said tract ofland
to the said complainant, &c. &c.s
And, whereas, also on the said J 9Th day of Feb
ruary 1874, writ Of subpoena was issued directed
to the said WIN. s. Scarborough in the above suit
which has been returned aos ct isuestSs. .NON
unless the said William s Scarborough shall ap.
pear before the said district court, for said coun-
", sitting . accurt Of chancery, on Or before TIL
frst day 81 the next term thereof and answer said
bin Of complaint, the same shah b taken q
Eecnfessed By him, and decree pro eoaf1sso enter
- accordingly. .... "
i ~ u BRowMNc, Sol'r. foe Compl't.
II March 18th, 1874. 0w-3s