Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-04-13
Legal Notice.

e a.,.s' y 3 y. :sss. t..
D'ssrict Court for said cos.ty = tie Jaae term
thereof a. Il. 1874.
Cornelius BERSARD, Compt.l
WILLIAM S. scAnsoaoucH,
implicated led, w; i'll Stephen Step Gear ch.neey
TIME said VIM. s. Scarborough will hereby
i 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 in substance that at the
government sale Of lands in the said Territory.
In the Burlington Land District in 1888, or 1889.
the West half Of the Southeast quarter of section
No p, in township No 70, Nor:h of range No 2
West, situated in said Desmoines county, was
offered for sale BY the government Of the United
States, and bid Oft in the name Of Stephen Gear
hart; but in reality in trust for the said William
8. Scarborough and one George w. Hight, the
interest Of each Of said parties to be ascertaned
and determined BY arbitration, and that said Gear
hart was thereupon to execute deeds to each Of
said parties, ortiieir 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 there1pon 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 Thorn
a P. Emerson recovered against said Scarborough
in the District Court in and for said county, q
judgment for the sum Of $l25 damages, and $i9,-
50 costs of suit, and that on the 18th day Of Sep.
TENDER, A. D. l842, execution was issued on said
judgment and placed in the hands Of the Sheriffot
said county for collection, and that on the same
day, to wit: on the 18th Of September l6l2, said
Sheriff proceeded to levy said writ Of execution
50 to him directed, on the whole Of the said west
half ofthe s. E. dissection No 20, in township
No 70 N. Range No West Is aforesaid, = the
property Of said William s Scarborough, to sat-
isfy said execution, and that On the Gath day Of
or parcel Of land for sale It public auc.i~ !. -
highest bidder under and BY virtue o. "a = y. y
execution, and that the said ccu,~ 49, u y
highest and best bidder for NJ "a ~. -.
and the same was bid Of and sold 70 him hv ia
Sheriff, for the srsn o. "a !, which said eomn,.in.
Ant then ana 'nsr. bald said sheriff for ala Iand.
snH tnat ne s4id Sheriff thereupon executed to
~ SS@ piainant certificate Of sale therefor,
"n.sn Is annexed to said bill ~ Exhibit "As
!And also, that more than fifteen months have
elapsed since said pnrchase Of said land u afere.
said, and that the same hes not been redeemed
either by said defendant (Sesrborough) or any Of
uiS JuoSMSus StG0tsOsS W sc2SOu ~ octG0AS 1otu
complainant 10 entitled to deed in fee-simple for
said land but that Il d out Of the power Of did
Sherilto pass the title for the same 10 sah com.
plainant By deed, ID consequence or the same b..
ing vested in said Gearhart, and that aiter the
purchase Of said land - afcresaid, the said Scar.
borough and said Hight submitted their reapec-
tive rights In said land 70 srbittati0n, and the
same was decided, but what hat 1seisioh was,
said complainant b not s00lclsnll1 informed to
attes the same here. rr4
Said bill therefore, prays that Il 10 should -.
pear upon hearing Of the premises, that ssid Hight
b entitled to any part ofsaid land, that the same
may Be conveyed . him, and that the semsindsg
Of ihs said land b conveyed 10 the said eon-
plainaat By deed in fee-siapls, By the ssid Gear
hart and II no part thereof b found 10 eouitably
belong 10 said Hight, then, that said CsarhSrt %
dscreed 10 convey the whole 81 said tract oil land
to the said complainant, &c. Ae...
And, whsreas, also on the said 18th day Of Fsb
uSy l0e@, Z writ OF snbp0na was issued directed
70 TIE aid wn. 8 Scarborough 10 The above suit
which has beeh returned go q iassalss. Nov
Unless the said William 3 Seasherough shall -
pear Aefere The aid district court far aid eoun.
IT, sittiae - aeoart u ehaneagy, . eb6ie III
INT Asy Il the aext tssm theseQe - saGWf nd
bill ~ eoqDloia1H ~ q96U t101f y t0koo q
ecaisssse " hin. - i dassssp 1sasaI AnseaAsr'
yoesae 3 D9sgEAp, Csasa.
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