Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-08-03

i
District Court for ssid co0aty, to November
| term. 1914.
William Lazier.
- ~.
Robert Letter. impl.aded} III cAaae.rv.
wit David Rice, Daniel Rice
aud N b. Cox.
TINE said Robert Letter will hereby take no.
iict. that on the l6b day OF May 1874. the
| said complainant fled in shs Office cf the Clerk
Of said Court his certain bill Of complaint against
the said defsndsnts. representing in subsianc+
that On or about the list day OF January. 1912.
said David Rice was Indebted to aid Nose. &
Cox. In the sum OF $6i0,63. and made and de
cvered 70 SAID Cox. his for that sum pay.
| able twelve month. after date aud bearing date
on said ist day OF January lal2 and to bear inte-
rest after due II twelve per ceat per annum until
paid, ~ will fully app. nv reference to exhibit
No. ]. annexed to said bill, and that on or about
the 18th day Of November, I842. in consid eralion
OF further tsrbearancs part Vi seid ox, Tor said
deot after u should become cue. the said RICE.
| BY IN understanding in writing IN the margin OF
| SAID not. agreed a. pay said Cox interest said
tote ut the rate OF twenty pei cent from the
should become due, utail paid. as will FULLY ap
| pear by reference to exhibits No ?. aud No. 5.
sxcd 10 said bill. Said bill also states that on
| The 9th day Of Ap-ii. l845. the sum Of $3.50
was paid ON the Interest said note: and that
| on the 9th day of July. Is45. the further sum ii
| $3.50 was paid acc ,art OF interest on sal
| note, as will fully appear by the endorsemc NJ.
l
| +nce rsements are made par, of s,ia bill nd arr
marked as exhibit No. 4. Said bill aIsn r~p,e-
seats that after the making OF the said note, towlt
/ o. the 18th sisy OF January. 1912. the said re.
neins laniuliy possessed ut sertan Interest an I
rsta,e IN and 10 Lot numbered 1873, Ia the city o.
| burlington. Ia said county. tar tie purpose 81
more eftec,uaiy securing 10 the said NJ h. Cox
| .he pay MEET OF the said sum oi n,ol.v III the sac
i.romi>ory note, specified according the tenor
and effect III. of. aud with a. afor, said
! BY certain trust deed bearing Diet, % ssii l7,h
~, q January, 1912, aud nut, executed under
his hand and seal. and acknow lodged according
| TO law conveyed to one Charles Aaiera and one
Anson Il. Hubbard. intiy. and IN trust fpr u.
security Of the pa, ment OF said debt aud inte, Il,
the undivided hall part vt said lot of gronau
with oil the sppurtensncts and hereditsaents
thereunto belo"gng. anu oil the tate. right
title Of tine .s'd R.cs in aud to the .ame in law
and Ia squity-to hold the urou this condi-
ton md fortrust purposes follows. TO wit; tna,
II default be made b. said Rice Ia the pay mrn' ot
satd note aud interest, tLen the said Trust. e.,
| Mad. "a aud Hubbard OF their heirs, sssigns, or
either o. them we're authorized by .aiJ deed VI
trust to enter upon said lot aud take poss. ssion
- the said premises aud to make public sale Of
the s@Rle after giving notie thereof as ia said
trust deed specified; ana having made sale OF
said premises. the said trustees we're jointly au-
thoixrd convey accordingly all tue right, tile
and interest Of the sald Rec IN ant to tie same.
Dut ~ ,he event OF said Rice making pa, ms ut OF
sad note according To its t,ntr aud ,Hec,. then
sa,d oeed was To be auii and vuiu aud tue estate
Ia said pr. mis-. shoue revert back to said Rec.
hs h.ir or assigns all 0! which with other s,,pu-
iaions &c. Will more full, appear by reference TO
ssid trust q. ed aGGeAed 10 SAID Biil OF COM 80,
/ aud m rk, d as exhibit No. 5.
And also that the title 10 said Lot No 1888 bad
been obta.ed nom Cow rnnieat il the JOINT
names vi saia DAVID Rice snd one Roteit i,f.
i.r anu that subs, queni tae,.lo and ,.re.iuu, ~
tie making Ut saiu deed OF trust. e sand hice by
consent aud permission VI sald Letter. rad taken
poss, ss,on vi the south hsii OF sa,d OF aud had
| appropriated Il to IA, "Mn use, and had elected "
rec. I've the sanie 10 l.u Of his sali undvid I'd
i"ts r.st, ~ had erected til. sauie large and
pernlsnt nt dwelling house aud at great Costs anl
al It's own chai e. AM, was at the tue he ,lIaue
sad trust deed IN the peaceabt. oc.u pai,cy and
POSSESSION of the sam-. aud 60 hau been for II
ionS time previous the reto by IA, ans OF al.
whWh said Com plainant charges that the sai,i
Klce s.qaitaby entitled 10 nave aud hold tn-
SAID S"uta natl VI SAID LIT, tor his own in Gu oi
his orig mai u"disis ed haii thereof mud that said
south isti bee anne ard wss, ANA s,il is, liable ia
equity f..r salu DENT anu int rest&c
Said bill also cnars.s mat part Of said mo.
nes had ever lean paid except suci p ymtn III
have ueen hers,u ID. fore admitted, aud sta, sa d
Prouii>sory note has bee. transferred 10y SAID Cox
| by assignnett to >aIu Complainant accompanied
, p. the sihsr! oi said tias, aeed. bu,h 81 Mhic.
are now Tie iiopsiy al sa'd complain, a 4, aud
tnat SAID A,ad.ra and the snid Hubbard Gess
sA.cut' The said trust nor did either OF them
anu that satd ltbonsru has stnte de parttd thi'
lif,, Whereby a IL rendered im,rac able to h,Ns
sa,u ttust eAstuleu according 10 oriS,na
,era,s A-c.
, Sa,a oil therefore prays that the said south
haii OF said lot may b, subjected 10 the pa, me u
ii said demand, nsiead vi the nndpi ed bal
tnereot, IL equitable aa.i pro- psi. aud it Mt lbs,
! 10 iae .nc that sale Undivided hal may be !.
subj. ca d. anu that he MADEIRA or som. uh
u. Ia he nsm.d u, s,iu Court. ma, he d. re.
L, p.rgo,m said trust to Sc II said ,T. II, s.
ublectt 10 pa. sad veot a.d ute est. 1, Goa
We, The same accordingly unu,r such terms an,
conditions o. the Court shall q, EN- quitahi, Nc
and thai the equity Q red. ml,',ou OF said Ds.i,
lie tore, CT barred mi ionclosed; AID that said
X Leflet th.a sn, W tause, Il any he ha., why tue
said south half Of said Lot with I'll. applrt-u.
ances shall not be sold aforesaid Sc. Aud
W. 81, as writ OF subpoena was issued against ihe
said q. ten, t"e ahu,e enttl.d suit On tti,
SAID 10th da. 81 Nay, iSii Mhi,h has been re
{ turned NON hsT IN EN- rus u said Robert Led
Ter. Nov uni.ss IL. said Robert Letter shsl
appear before the District curt fot s.id couat,
sitting As tourt OF chan, cry. aud .tnre the frs
day u tie next tenn thereof, aud answer the sal,
bil, OF complaint, and sh-w ,use why the pt ny !.
of sa,d Bill shall not be gtanted--,he same shall
be taken confessed as to hun aud a decree
cot cred accordingly.
Dated this 81 Gay Of July. lsil
Jul, IS .CEN = IlNlAP.Clerk.
b. RoRER. Soir for comp't.
| a "A