Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-08-24


and N. B. Cox.
TINE said Robert ls1Ies will hereby take no.
y tice. that on tns 18th day Of Msy. 1874. IN.
said Complainant 6ied 10 tia ot6ce of the Clerk
Of said Court his certain bill of complaint against
the said defendants. representing in substance
thst o. or about the 1T day Of January. i8a2.
ssid David Rice was Indebted 70 said Noses Il y
Cox, la the sum u s$6l063. and made and de-
tses<d to said Cox. his note fur that sum pay
able twelve months after date and bearing date
Q" sid LIST day Of yanusry 1912. aud to bear ine-
rest AFTER due u twelve per rent. per until
paid. ss will fully appear ~ differences 10 exhibit
No. |. xed 10 aid bin ssd that on or .boot
the 18th day Of Aoss mbtr, 10 ~ 10 const GRAFTON
o. further fsrhentac@ part VI said Cox. TOR said
deot alta il should b-con.e cue. the said Rice.
BY ~ andt rsisnG,nE IN y rsti.g ~ the margin OF
said note. agreed a. pay saia Cux interest on said
note at the rate OF twenty ercent. trom the time
u should became due. utail paid. ~ will iplly ap
pear BY reference 70 exhibits No .. aud No. 3.
snnexed 10 said BILL Said bill also states that on
the 9th day ii April. lSAS, the sum Of $3.50
was paid on the interest on said note: aud that
on the 9th day Of July, 1913. the further sum Of
$a.5O was paid on acc ,sst Of interest oa sail
note, =. will fully appear BY the endorsements
thereof on the back " EXHIBIT No. 3. and which
endorsements are mnd. par, Of said bill and Ore
marked ss exhibit No. 4. Said bill ais, repre-
sents that after the naAins Of ,a~ said note, to.t
o." the l7sh day OF January. lSi2, the said Rice
being lawfully possessed OF : certain interest and
estate ~ snI 10 Lot numbered 1913, in the city Of
Burlington. ia said county. for the purpose Of
more thcctuaiiy securing TO The said NJ B. Cox,
:he payment Of the said Of money in the SAID
ptonsssosy note. specified according 10 the tenor
and effect thereof. and with inter. It a. ator, said
b. rersain trust deed bearing dsta on said l7.h
dav Of January. l842. aud duly executed under
his hand aud seal, and acknow etged according
70 law ronvsy sd 70 one Charlss Ma,iera and
Arson Il. Hubbard. jointly. ard IN trust Tor the
security Of the pay OF said debt aud interest,
the unuivided half part u said 1t of ground
with all the appurtcnanc.s and hcredltsmeats
there unto belonging. and Oil the estate. right and
title u the esid Rice ia and ~ the same IN law
and IN .qui,y--to hold The same a,,on tins coad-.
ton sad for trust purposes as follows. to wit; that
u default be made BY said RICE ia the paymvus Of
sad aote aud int.rtst, tlen the said Trustee
hadera aud Hubbard their heirs, assigns, or
either Act them authorized by said deed vf
rust IL enter upon said lot and take possession
& the said pr.nii.es aud 10 make public sale Of
the same after .ning notice thereof as 10 said
trust deed spcrih-d; and having 50 made sale Of
said premises. the said trustees were ioiatly au-
'ho'x.d - conyey accordingly al tie right, lille
and interest Of the said Rec ID and to he same.
bu, in the event Of said Rice .uaking payn,en nj OF
sad note according 70 its tenor and fleet. thea
SAID deed WAS TO be Gutl and voiu aud IN. estate
IA said premises shuule revert back To 5 I'D Rec,
MS hetrs or assigns all OF which with other stipu-
latons &c. will more fully appear b. r.e.@nre 20
aud marked rs exhibit No. ).
Aud also that the title to said Lot No. 1913 had
been obtained f,om Government in the JOINT
names VI said David Rice and Robert tef-
Ter and that subs quent thereto and previous 70
the making VI saa deed Of trust. the said ice by
consent and ,uss.,on vi said l.. Tile E, had take
p0sss ssion OF the south halt Of said Lot aud had
appropriated il to hi, use and had Fl. cted to
receive tue same IA III, OF his said uadivt6cd
interest, ard had erected on the same large aud
~ Al
1t s,s own charge. ant was at the lime he made
said trust deed IN The peac.abe occupancy aad
Possession of the same, aud 50 had been for
long time previous ths reso. BY means OF all
which said compliment charges that The said
Rice Is tquitabiy entitled 10 have aud hold the
said South halt Of said Lot, for his own in leu Of
his original undivided hall thereof and tina, said
south nall became aud WAS, and still Is, liable
equity tor sid dent and interest &c.
Said Bill also charges that part of said mo-
"ey had ever Teen paid except such payments a.
have been herein b, fore admitted. aud that said
proMissofy note has bees tansie red by said Cox
BY assignment to said complainant accom- anied
by the elvery vi said trus, deed. both OF which
nov the property VI said complainant. aud
that said MADEIRA aud the said Hubbard never
executed the sad trust nor did either Of them
aud that sald Hubbard has since de part. d thls
hie, whereby u y rendered inprecticable 10 have
said trust executed accor ling to lis original
terms &c.
SAid DIV therefore prays that the said south
halt OF said lot may be subjected 10 the pa, me i,
! of said demand, instead Of the undivided hall
the reof, IL equitable aud proper. aud ii not then
TO The enc that SAID undnid ed hal may be o.
subjec tetl, and that The said MADEIRA or some ON.
slse to be nsmed BY said Coort. may be d.rrexd
/, perform said trust AMI 20 sell said rsm lty 81
sabjectedto pay sa,d debt and interest aaa to co.,
We, the same accordingly under such teims and
| conditions the CourI shalt deetn tQuitabl. &C
aud that the equity OF redemption OF said David
Rice, and all others ~ and to the premises, may
tie forever barred and tor. closed; aud thu said
r. Lefier thea shew cause. u any re has, why tue
said south half Vi said Lot with the apparten.
snces shall not be sold Is aforesaid Sc. And
VT ereas writ Of sabpena was issued against the
said q. femuen,s Ia the above enttied SUIT on the
SAID 10Th day u May, 1874 Mhhh has been re.
turned NJN EST INvENrUs as 20 said Robert LED.
Ter. Now unltss III. said Robert Letter shall
appear before the District Court Tor sid county
sitting Court Of Chsncery. aud b. fore the 6rs,
day o. the next tenn thereof. and answer the said
B,l, Of complaint. and shew cause why the psayer
Of said Bill shall no, be ~ snled-- the same shall
be taken as confessed as Il him and a decree
catered urror, ingly.
Dated this Sd day Of July. lail
july 10 JOHN 5. tAP Clerk.
b. RuREa, Sol'r for comp't.
6t-prs fee $s4:50