Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1861-05-01
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LEGAL.
SfArE OF IOWA, SCOTT COUNTY -
- In District Court Of Scott county.
Walter r. Dovnin~

~ IN OIstHICt OOuIt Ol scott county
WAiterF. Downing
George Rothweiler,
Minis Roth weller.
Winter Botham 4 Jones, lOriginal yo,;e.
Stevens, Chambers Co.,
Jewett 4 Root,
+. Ambs / Co.,
ID. l. Ce1kle, ct al,
10 said Defendants and each Of them
on are hereby notified that there Il now On fle
In the once OF the Clerk Of the Disfr.c, Cont az
scott csunty,a petition Of Walter +. Downing
claiming the foreclosure Of a certain Deed III
irust' dated June 10, 1855, recorded in book "F''
OF mortgages, pages 81 ami 90, of scatt comfy
CORDS. Said Deed Of Trust was executed In
SAID defendants, George Rsthweiler and Nina
tsothweiler to Charles Powers, as Trustee. and
conveys unto said Trustee the following desceib-
ca real estate, situated in scott county Iowa to-
WIZ commencing On the slssi ssippi river at the
south west corner Of share mum Der three 1911 OF the
partition ofthe estate OF BENZ W. Clark. 1ecs4sel
thence running north along the west line OF saia
snare No. three 10 the first sixty foot street as laid
out BY Baker, Hinkle Adams b lng tile south
vert corner Of Peter Kerker's land by the said
kerker purchased of one Jacob Kar.nan ! !, thence
east along tie south side Of sa street and on
and along the south side Of said herker's land to
the east side OF Main street, as shown on said
oaKer, ninkie q Adams plat, being the north
west corner OF one Erie Dodge's land thence
south along lodges west line TO the Mississippi
river; thence running west with said river to the
place Of beginning excepting thereout only Ut.
seven and eight is, in block one l.. being
about ffty-two 80 feet eight Is inches in width
as shown on said plat. The land conveyed being
part Of share No. three 1T Of the said Clark's
estate, parutioned, and being all the property con-
yeyed TO one Maskill by deeds from A. r Ringer
Mounts Morehead, except lot three l3, as SUR
veyed ~ Strong Burnel, aud heretofore en-
veyed to Jacob Shue ami others, and the same
BY deed Of same date said Deed IF Trust from
A. WentZ to said Roth weiler. The said Deed of
trust was executed for the purpose Of securing
the payment OF two promissory notes, payable to
the order Of ]. Haviasd Haight, one for the lD
OF eghty-seven So 90 dollars payable six months
alter date, and one for the Of seyes hundred
.ighty-seven 50-lO0 dollars, pa yable one year az
ter with interest. The date Of both said notes
being January l6, 1885, liaight endorsed both
said notes to plaintiff, who j. now the owner aud
holder OF the same. The said notes being long
past due and wholly unpaid, plaintiff prays that
an account be taken to ascerta n the amount due
him, and TIL George kothweiber To ordered to
pay the same. and if he fails so To 10. tina, said
Deed OF Trust be forecosed. and that said roa
estate, or so much thereof a. shall 81 nceessar '
to pay off and satisfy the amoGat SO found due
sold, and that said kothw eeei ans oaeL "a
every Of said defenda4 4, etser such sala Do to !
ever barred and foreclosed from setting ~ any
c ,im and title on SAID property law or equity.
No personal claim is a4ainst an one bu.
said George Rothweller, put II entz, Francis and
Augusta Meyer Ebenezer Ihaver, John c. Wash
burn, Burr l. Swi t. Winter Botham q Jones
Stevens, Chambers h, ~ Je.fott a Root, b IT,
Cunkle p. Ambs Co.. made parties defend
ants hereto, because they have or claim to have
some interest in said premises
Unless you appear and answer said petition at
the next term of the District Cour, Of Scott coun
ty, to be begun and holden on the first Monday OF
said June, 1851, by on of the second day OF said
term, plaintiff will apply to the Court for the re-
lief demanded in said petit on to which for
further information you are hereby referred.
May oath, 1860.
PLUMER l. VAN HOSEN,
mch2O Plaintiffs Attys.