Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-04-20
Legal. Notice.

TERRITORY 81 lora,a :.
eoraty Of Dtsaoines. -
fis:rict Cosrf for said conaiy 70 the Ja~s term
-iA+'- tsefsof.f. q. 1874.
aCosssLrss BEasssD, Comply
, wnl... s. se..,o.oreH, S''n
implicated with stephen Gear. Chaneery.
hart, SC. deit.r S
vUNHE. said WIN. s. Scarborough viii hereby
i take notice that on the 18th day OF February
lo4l, the SAID complainant flied in the office Vt
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,
III the Burlington Land District in 1883, or 1859,
the West halt Of the Southeast quarter vi section
No %, III township NJ 40, Nor:h OF range No
West, situated la said Desnoines county, was
offered Tor sale blythe government Of the United
States, and bid OF in the name Of Stephen Gear.
hart; but in reality in trust for the sand William
5. Scarborough and Que George W. Hight, the
interest o. each OF SAID parties TO b. ascertainsd
and determined BY arbtsstion, and that said Gear
hart was thereupon to execute deeds 70 each Of
said parties, or their assigns according to the I'm
ding of SAID arbitration; aud that the said Scarbo.
rough paid to the government the whole Of the
purchase money for the said piece oil .lana, aud
the certificate Of purchase was thereupon issueI
by the Receiver OF said Land Office 10 the said
Gearhart, he holding the title OF the'fight TO the
title in trust as aforesaid; said bill also states
that on the 26th day Of February 1872, one Thorn.
rs p. E,nersoa recovered against said Scarborough
in the District Court in and for said county,, =
judgment Tor the SUN OF $l25 damages, aud Si9,.
80 costs Of suit, and that on the l2lh day Of Sep.
TENDER, A. d. 1872, execution was issued on SAID
Judgment and placed in the bands Of the Sheriff Of
said county for collection, and that on the same
day, 70 wit: on the 18th Of September 1912, said
Sheriff proceeded 10 levy said writ OF execution
80 to him directed, on the whole Of the said west
ha:f of,he s. Z. / or section No 20, in township
No 70 N. Range No : West as aforesaid, As tho
property oil SAID William s. Scarborough, 10 sats
sfv said execution, and that on the 2+h day Of
October 1912, the said Sheriff Tered the said piece
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 s. which said complain.
and that the said Sheriff thertupon executed 10
said complainanta certificate Of sale therefor,
which Is annexed to said bill a. Exhibit CAP
And also, that more than 6fteen 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 ol
his judgment creditors by rrason whereof, said
complainant - enttIeo 10 0eed IN feCollnple lot
said land but that II il ont OF the power or sai
Sberifto pass the title for the same 10 said ~om.
plainant by deed, in consequence Of the same Be-.
ing vested in said Gesrhart, and that after The
purchase Of said land 20 aforesaid, the said Scar,
borough and said Hight submitted their, re.pec.
tive rights in said land to arbitration, and ths
same wss decided; but what that decision was
said complainant = not suficienly' Informed 4
sttes the saline here: = So, =
Said bill, Therefore, ptays that IL II sAoald %
pear upee hearing 0fths plemhis, That said High
10 entitled to any part ofsaid land, that The SAM
may b conveyed 70 him, snd that the remainde
Of tie sai@ lsrd b eSnsey~d- 70 me ssid com
plainant by deed in fee-simple, By thsseid Gear
hartl aud Il no part thereof b fcqnd % eQuifsbll
belong 10 said Hight, then, that said C<arhart D
dscreed 70 convey the whole Of ssid tract oflanl
70 The said eomraajA1At, &e. &e.
And, sw0ef&as, also On the said 9Th day d Feb
ruary lS44s E1& o tNbpens vas issuea direete'
70 the said WIN. s. Scarborough in the sbove snil
which has been returned aea. est tmusafss, Nev
unlsss tie said william s. SearhqrouGh shsll ~
pear befere The said district Court, ier said eoan
", sitting = count of.ehoikesy, ~ o. bef6retk
first day Of the nextterm 0ars6G and answer eli
bin a. complaint. The sane shall b. taken .
confessed by him an dscsssg 1sOaftsso sntss
: 'ee'''s JOHN s DUNLAP, GA.
II ". D. BROwMSe, oolsr.' fbr ComplA. ~
! March 18th, ma II 4 ~ - MI Uw-3
II ~ - - L. X -. Y