Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-05-11

CORNELIUS BERNARD, Compt.
WILLIAM s. s. scA..o.ovea. B'llin
implicated with Stephen Gear Chancery.
hart, SC. deit ~
TIME said VIM. 8. Scarborough will berebv
= take notice that on the 18th day of February
1874, the said complainant filed ia the Office 81
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 half Of the Southeast quarter Of section
No 20, in township No 10, Nor:h of range No
West, situated in said Desmoines county, was
offered for sale BY the government of the United
States, and bid offin the name Of Stephen Gear
hart; but ip reality in trust for the said William
$. Scarborough and one George w. Hight, the
interest Of each Of said parties to be ascertained
and determined BY arbitration al !. .n..at 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 Of land, and
the certificate Of purchase was thereupon issued
by the Receiver Of said Land Office to the said
Gearlart, he holding the title or the right to the
title in trust as aforesaid; said bill also states
that on the 26th day of fchruary 1912, one Thorn
as P. Emerson recovered aeainss said Scarborough
IN the District Court in and for sal. county, a
judgment for the sum of $i25 damages, and $l9,-
SO costs Of suit, and that on the 18th day Of Sep
TENDER, A. D. 1912, execution was issued on said
judgment and placed in the hands Of the Sheritfof
said county for collection, and that on the same
day, to wit: on the 18th Of September 1912, said
Sheriff proceeded to levy said writ of execution
SO to him directed, on the whole of the said west
half ofthe s. +. dissection No %, in township
No 10 N. Range No West as aforesaid, as the
property Of said William s. Scarborough, to sat-
isfy said execution, and that on the oath day Of
October 1872 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 $50, 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 Exhibit GAP
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-simpe for
said lands but that it is out Of the power Of said
Sherffto pass the title for the same to said COM
plainant by deed, in consequence Of the same be-
ing vested in said Gearhart, and that after the
purchase of said land as aforesaid, the said Scar
borough and said Hight submitted their respec-
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 If il should ap-
pear upon hearing the premises, that said Hight
is entitled to any part fsaid land that the same
may be conveyed to him, and that the remainder
of the said land be conveyed to the 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 ofland
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 VIM s. Scarborough in the above suit,
which has been returned aon est iscemtas. Now
unless the said William S. Scarborough shall APP
pear before the said district court, for said coun-
ty, 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 ntesso enter
ed accordingly.
JOHN S. DUNLAP, Clerk.
N. d. BRowNiNc, Sol'r. for Comppt.
March 18th, 1874. 6w-36