Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-05-04

A'SUtct CO111 Jof sdtd county 10 fM June term
taereof II. T.. 1874.
CoRNELIus BERNARD, Compt.
wrrlrAM 5. soAnsonoucH, 0''' %
implicated with Stephen Gear Chancery.
hart, SC. def. j
IYyHE said WIN. S. Scarborough will hereby
- take notice that on the 18th day Of February
1874, the said complainant flied 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 1899,
the West halt Of the Southeast quarter Of section
No 20, in township No 70, Not:h OF range No 2
West, situated IN said DesGolncs county, was
offered for sale by the government OF the United
States, and bid OF la henane OF Stephen Gear
hart but in reality in trust for the Said William
5. Scarborough aud one George w. Hight. The
interest OF each OF said parties TO be asceitained
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 fin
ding Of said arbitration; and that the said Scarbo-
rough paid to the government the whole OF the
purchase money for the said piece oil 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 10Th day of February 1912, one Th6ta-
as Z. Emerson recovered against said Scarborough
in the District Court in and FOR said county, a
judgment for the slim Of Si35 damages, and Sig,-
80 costs Of suit, and that the 18th day Of Sep.
TENDER, A. d. 1912. execution was issued on said
Judgment and placed in the hands OF the Sheriff of
said county for collection, and that on the same
day, to wit: on the 18th of September 1872, said
Sheriff proceeded 10 levy said writ Of execution
so to bin directed, on the whole Of the said west
half oithe s. 4. ofsettion 10 %, Id township
No 10 N. Range No 2 West as aforesaid, as the
property OF said William 5. Scarborough, to sat-
isfv said execution, and that on the 9th day of
October 1912, the said Sheriff offered the said piece
or 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 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 Exhiblt "A''
And also, that more than fifteen 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 of
his Judgment creditors by reason whereof, said
complainant is entitled to deed in fee-simple for
said land but that it is out or the power Of said
Sherifto pass the title for the same to said COM
fs~i"ous - uSeu, soHscYucttSc VI tuC sduic Uc-
ing vested in said Gearhart, and that after the
purchase Of said land as aforesaid, the said Scar
borough and said Hight submitted their rcspec.
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 il ii should an.
pear upon bearing 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 tie said COM
plainant by deed in fee-simple, by the said Gear
hart aud if no part thereof be found to equitably
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 18th day Of Feb
ruary 1874. writ of subpoena was issued directed
to the said Wm S. Scarborough in the above suit,
which has been returned non cs, inrcmtrs. Now
unless the said William S. Scarborough shall ap.
pear before the said district court for said toun-
tt; sitting court OF chancery. on or before the
first day Of the next term thereof and answer said
bill Of complaint, the same shall be taken as
confessed BY him, and decree pro confesso enter
ed accordingly.
JOHN S. DUNLAP, Clerk.
D. D. BaowNuNG, Sorr for Compl't.
March 18th, 1874. 6wr36