Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-03-23
Legal N0IfCe,

eos ..s,1 y 3 Be .1ssa. =.
nis.rict Court for said county to tie June term
tserecf.a T.. 1874.
CoaNELIus BERNARD, Compt.
w,1.,.n s. s se.,ro.eusH, Bill !"
implicated with Stephen Gear Chancery.
hart, sc. def.
TIME said WIN. s. Scarborough will hereby
j take notice that on the 18th day Of February
1914, 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 1883, or 1859,
the West half Of tic Southeast quarter Of section
No 20, in township No ~, isSr;h of rage No 2
West, situated in said Desmoines county, was
offered for sale by the government of the United
States, and bid offin the name or Stephen Gear
hart; but in reality in trust for the said William
s. Scarborough and 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 to each Of
said PARTIES or their assigns according to the fn
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
Gearhart, he holding the title or the right to the
title in trust . aforesaid; said bill also states
that on the 26th day Of February 1912, one Thom-
as p. Emerson recovered against said Scarborough
in the District Court in and for said county, .
Judgment for the sum Of SIPS damages, and $l9,-
SO costs Of suit, and that on the 18th day Of Sep
TENDER, A. d. 1892, execution was issued on sad
judgment and placed in the hands of the Sherffof
said county for collection, and that on the same
day, to wit: on the 18th Of September 1912, said
Ill l., e
50 to him directed, on the whole Of the said west
half ofthe N. Z. Of section No %, ia township
No 10 N. Range No West as aforesaid, as the
property OF said William S. Scarborough, to sat
isfv 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 anction to the
highest bidder, under and by virtue # said writ Of
execution, and that the said complainant was the
highest and best bidder for said land at said sale
and the was bid off and sold to him BY sa; ID
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 "An
And also, that more than fifteen months have
elapsed since said purchase Of said land as afcre-
said, and that the same has not been redeemed
either by said defendant Scarborough or any of
his Judgment creditors by reason whereof, said
said land utthat it is out OF the power Of said
Sheriffto pass the title for the same TO said com
plainant by deed, ID consequence 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 II 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 bv deed in fee-simple. by the said Gear
hart aud If no part thereof be found to equtaby
belong to said Hight, then, that said Gearhart Be
decreed to convey the whole Of said tract Of land
to the said complainant, &C. &c.
! And, whereas, also on the said 9th dav of Feb
ruarv 1914. a writ Of subpoena was issued directed
| to the said WIN. S. Scarborough in the above suit
which has been returned non est iarentus Now
unless the said William s. Scarborough shall ap.
pear before the said district court, for said conn.
tv, sitting as court Of chancerv, or before tn.
first day Of the next term thereof, and answer sale
bill Of complaint, the same shall be taken a.
confessed BY him, and decree pro nfesso en.er
ed accordingly.
JOHN S. DUNLAP, Clerk.
/ NJ. D. BROWSING, Sol'r. for Compi't.
March 18th, 1874. 6w-S6