Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-07-27

GN1II02Y Or iowa. QnD MoaNr1 C0s1NTY a
O'stf'ct Cosrt ser sad county. 70 Novsmbel
william Lasisr.
Robert Iea.s. iapl..dedi j. tAs.s.y,.
". vita % o. 4 e. Rice D'a's' Rice
1NHE said Robert Leiner will hereby take no.
j tice. that on the 18th day Of MAY. 1874. the
said complainant Sled 10 the otlice Of the CLERK
Of said Court his certain bill Of complaint araios,
che sid defendants, representing u substance
thst On Or a6ost the ~ day Of January. lS42.
said Dsvid Rice Was indebted to said Moses b
Coz, 10 the sun Of 46lO63. and made and de.
Evered to said Cox. his note for that suut pay.
able twelve months sfter date and bearing date
rest after due q twelve per cent per annum until
PAID - will fully appear bv reference 90 exhibs,
No. I. annexed 70 said bill. and thst on or about
ne 18th day Of November. 1912. in oasiceration
g further isroearsnce On part Of said Coz for said
deot after Z should become Que. the said RICE,
BY m understanding in writing in the margin Of
said nolnxegreed 70 pay said Cox interest on ssid
note - rate oftwenty pet cent. from the time
u should becone due, utnil paid. ~ will fully ap.
pear BY reference to exhibits No 2. aud No. 3,
annexed TO said BILL Said bill aiso states that on
the 9th day Of April, lS43. the sum, OF So, so
was paid on the interest o. said note: aud that
On the 9Th day Of July. lS43, the further sum 81
$3.50 was paid on aec,nnt OF Interest on sail
note. . will fully appear BY the endorsement ute
thereof on the back OF exhibit No, ;. and which
endorse ments are made part Of said bill md are
marked ~ exhibit No. 4. Said bill siAo repres
sents that amer the making Of the said note. tow
on the nth day OF January. 1912. the said Rice
being lawfully possessed Of certain Interest sni
estate n and 70 Lot numbered lSs. in the city Of
buriiNe ton, IN said county, for the purpose Of
more %6eciaelly securing to the said M b. Cox,
the pay ment Of the said sum Of moaev il the said
ProM,sory note. specified according to the tenor
aud eject thereof. and with interest ~ aforx said
by certain trust deed bearing dste on said i7,h
day OF January. l842, and duly executed under
he hand and seal, aud acknowledged according
to law-conveyed to one Charles MADEIRA AID Que
Arson 4. Hubbard. Jointly. aud IN trust for the
security Of the payment or said debt aud interest
the undivided half part Of said Lot Of ground
With Ill the sppur,enances and Entertainments
title OF the said kice in aud to the same in law
and IN equsty-te hold the came upon th,s condi.
ton and tor trust purposes follows to wit; that
u default be made BY said Rice in the paymea. 81
said note aud Interest. then the said Trustees,
Made r. and Hubbard their heirs, assigns, or
either ot them were authorized by said deed a
trust to enter upon said iot sud take possession
Ct the said pre- sAses and 10 make public sale Of
the same alter giving notice thereof ss in said
trust deed specified; and having ~ mi AIDE sale Of
thorised 10 convey accordingly all the right, title
aud interest Of the said Rice in and to The same,
But in the event of said Rice making pay lent OF
said note according to is tenor and effect. then
said deed was to be Gull and VOID and the estate
~ said Premis+s should revert back to said Rice,
his heirs or assigns. Ill OF which with other stlpu-
iat'ons &C.. will more fully appear BY reference to
sad trust deed annexed to said Bill oil complaint
aud marked ~ exhibit No. 8.
And also that the title to said Lot No. 1888 had
been obtained from Government in the JOINT
names Of said David Rice and one Robert Left
Ter. aud that subsequent thereto and previous TO
tie making Of said deed Of trust. the said kice By
consent and permission Of said Lefller, had taken
possession OF the south belt OF said Lot aud had
appropriated il to his own uae and had elected to
receive the same IN lieu of his said undivided
interest, and had erected on the same large and
permane Mt dwelling house aud at great costs aud
II bis own charge, ano was 1t the time he made
said trust deed IN the peacsable occupancy and
possession Of the same, and 50 had been for a
tong time previous thereto. by means OF all
which said complainant charges that the said
Rice i tquit.biy entitled 70 have aud held the
said South halt Of said Lot tor his own in lieu Of
his original undivided halt thereof aud that said
South halt became and was, and still is, liable 10
equity for said debt and interest &c.
Said Bill also charges that no part Of said mo.
ney had ever teen paid except suci. psym. MS 80
have been herein before admitted. and that sa d
promissery aote hes beea transferred by said Cox
by assignment to said complainant accomp nied
BY the .elivery Of said trust deed, both OF which
ars now the property Of said complainant. and
that said MADEIRA and the said Hubbard never
executed the said trust nor did either Of them;
and that said Hubbard has since departed this
life. whereby il 10 rendered impracticable to have
said trust executed accor ling to its original
terms &c.
Said Bill therefore prays that the said south
halt Of said lot may be subjected 10 the pay meut
or s6?d demand, instead Of the undivided hall
thereof, IL equitable and proper, and il not then
70 the enc that said undivided hal may be 81
subiected and that the said MADEIRA or some one
else to be named by said Court. may be dec reed
to perform said trust and to sell said property
subjected 10 pay said debt aud interest and t. COR
vey the same accordingly under such terms and
conditions as the Court shalt deem equitable &c
and that the equity Of redemption OF said David
Rice, and all others in and to the premises, NAV
be forever barred sid ioreciosed; aud that said
r. Lefler then shew cause, II any he has, why the
said south half Of said Lot with the apparten.
ances shall not be ssld as aforesaid &c. And
whereas writ of subpena was issued against the
said d.fendents in the above entitled suit on the
said 10th day Of May. 1914. which has been re.
turned NON EST INvENTUs q to said Robert, Lei.
Ter. Now unless the said Robert Letter shall
appear before the District Court fos said county
sitting Court Of ChancSry. and before the first
day OF tie next tenn thereof. and answer the said
Bib Of complaint. and shew cause WHY the PRAYER
of said Bill shall not be grsnted--the same shall
be taken rs confessed Is to him aud q decree
ente cred accordingly.
Dated this Sd day Of July. l844.
july 10 JOHN $. IUNLAP.Cief
b. RoRER, Sol'r for comp't.
6t-prs fee $24:5O