Hawk-eye. [volume] (Burlington, Iowa) 1843-1845, 1844-01-11
Territory Of hua, d
rOunku of Des M0;nes -

Territory Of Lo,ra,
County Of Des MONIES.
District court for said county, to the Febru-
airy Term thereof, a D 1874.
John D. Jones, Bill in Chancery for
vs. : the foreclosure
Thomas Mosloy. of a Mortgage, &c.
TINE said defendant will hereby take no.
L tice, that on the Goth day of Deem
Der, A. D. lS43. the said complainant filed
in the office Of the clerk of said court, his
bill of complaint against him. the said
Thomas Mosley stating in substance that
on or about the LIST day of October, 1912,
the said complainant being the rightful
owner and legally possessed Of the south
part of lot of ground No. 81, in the city OF
Burlington, in said county, leased and to
rent, let, to said Thomas Mosley by deed Of
that date "a copy of which is annexed to
said bilD and which is duly executed by
said complainant and said defendant for the
term OF five years, then next ensuing, a
part OF said lot of ground bounded as fol-
lows: Beginning at the N. w. Of said lot,
running thence south along and on Main
street fifteen feet, thence east fifteen feet,
thence north fifteen feet to Washington
street, thence west along and on Wash
ington street fifteen feet to the place Of
beginning, for which said Mosley agreed by
the terms and obligations of said lease and
agreed and obligated himself to pay unto
said complainant the sum OF Sic, 50-lO0
per yeah.in quarter yearly instalments at
the end q. each and every three months
during said, five years, and that said de-
PENDANT by the express terms and conditions
Of said deed of tease, gave unto said com
plainant and theIeby then and there sub
jected said leasehAld premises, estate and
improvements to the payment of said rents,
and subject the said premises in law and
equity to lien in the nature of mortgage
or in some other RESPECT, for the security
and due payment Of The same and thereby
become liable in default of payment of the
same to have the right, title and posses
sion of said defendantiin the premises, so
subjected to said lienk forever foreclosed,
and the same sold to pay said rents, and
that said defendant inaccordance with the
terms of said lease entered into the posses
sion and enjoyment Of said premises and
has been ever since AID still is in possession
thereof; and that said defendant has erect
ed cheap building hhereon and is now in
the occupancy of the same and that his in-
terest in the premises is not more than sur
fcient to pay said demand and costs, and
that said defendant has not paid to said
complainant the rents aforesaid or any part
thereof in quarterly payments as aforesaid
or otherwise, but has at all times refused
and neglected to pay the same or any part
thereof. and that there is now due said com.
plainant on said lease for rents as aforesaid,
the sum Of $50, 621 or thereabouts. And
also that the said mortgage was given to
81, ont If
the further sum OF 81 so before that time
due complainant from defendant for rent Of
a portion of said lot No. "a as will particu.
larly appear by exhibit No. 2, filed with
said bill. Said bill Of complaint therefore
prays that said defendant be compelled to
answer said bill, and that an account may
be taken of the aggregate amount so due
said complainant, and the sum or any part
thereof being found due and unpaid, that
the said defendant may be decreed to pay
said complainant the same by u gwen day
and that in default of such payment, 1t be
further decreed that his equity Of redemp-
ton in said Improvements and lease be lore
closed, and that said premises leasehold es-
tate and improvements may be sold, and
the procscds OF said sale be applied to the
discharge of said compliments demand ara
cost Of suit, and the purchase under SAID
sale placed in possession of said premises.
And whereas also on the said goth day
of December, 1913, u writ of subpoena was
issued directed to the said Thomas Mosley
in the above suit which has been returned
non est inrentus. Now unless the said Thorn
as Mosley shall appear before the said dis
trict court for said county, sitting as 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 by
him as confessed and a decree pro confesso
entered accordingly.
Dated Dec. Goth, l643.
JOHN S. DUNLAP, elk.
d. RoRER, Sol'r for comp't.
Jan4 '44-6t 81