Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1861-04-09
LEGAL.

vuvnUSIE4O SALE.-Whersas, on the 18Th
1 day Of Jsnusry, A. D., 1855, Ebsnsssr Cook
lows, executed unto John James Dixwell and vii.
liam 1 Bovditch, Of Boston, IN the State Of Mass.
achusetts, - Trustees, . ceStain Deed Of Trust.
conveying to said Trustees the following describ-
cd real estate, situated In Scott county, in the
state OF Iowa, to-wit: The north quarter
Of section No. thirty-two (32,) in township No.
seventy eight (7S,) north Of range No. three (3,)
east OF the 9Th principal meridian; which ssid
Deed Of Trust was executed for the purpose Of se-
curing the payment Of twenty-five certain prom
issory notes (of even date with said Deed Of
Trust executed by Cook i Sargent, Ebeneser
Cook and John T. Cook, to George b. Sargent, or
order two Of said p'omisfory notes being for the
sum OF three thousand dollars each, payable five
years after their date, and twenty Of said notes
being for the sum Of ninety dollars each, two Of
which we're = become due at the expiration Of
each and every six months from the date
thereof, during said term Of 1--WE years al Of said
notes bearing interest after maturity, at the rate
Of six per cent. per annum which said Deed Of
Trust appears record in the Recorders Office. IL
said Scott county, in book " Z" of mortgages. ct
page42a. And, whereas, by tho terms Of said
Deed Of Trust, Il is provided, if default should be
madein the payment Of said notes. or any or
either Of them, or tire interest that may accrue
thereon or if default should be made in the pay
ment Of tho taxes levied or assessed upon said
granted premises land which taxes the grantor ia
said Deed Of Trust agreed therein 10 pay) il
should then be lawful for said Trustees, or the
survivor, or either OF them any Trustee for the
time being appointed as thereafter in said Deed
Of Trust stated to sell and dispose Of all and sin
gular the premises in said Deed of Trust granted
1t public auction. in manner Is in said Deed OF
Trust provided for and out Of the money arising
from such sale 10 retain the principal sum Of SIX
thousand dollers being said two notes of three
thousand dollars each, whether then or thereaf-
ter payable) and the amount Of said princ pal
and interest then due on the other notes. secured
by said Deed Of Trust and the amount paid by
the Trustees, if any, fer taxes on tho granted
premises, and the costs and charges Of advertising
and selling the premises. And, whereas, il IS
provided in said Deed Of Trust, that the Trustee.
or Trustees, for the time being, may by any in
strumcnt in writing; associate with themselves in
said trust, shy other person or persons in virtue
OF which provision, the said Trustees, Orwell
and Bowditch, have heretofore, by instrument in
writing, associated with themseIve. in said trust
one George X. Minot Of the city Of Boston, in the
State Of Massachusetts,. And, whereas, said tive
promissory notes of ninety dollars each,
payable in twelve months after their
date, as also the two other notes
Of ninety dollars each, payable eighteen months
after the date thereof, and also the two other
notes Of ninety dollars each, payable two years
after their date, have become due, and default
has been made in the payment thereof and or
each Of theu. And, whereas, also the grantors in
said Deed Of Trust have ma lie default in the nav
ment Of the taxes levied and assessed on said real
estate for the year A. d., 1859. Now, therefore
we, the undersigned, John James Dixwell, viii
liam l. Bowditch and George r Mnot, Trustees
as afo- esaid do hereby give this public notice
that by the power which is in us vested by said
Deed Of Trust, We will on Friday, the 26th day
Of April A. d., lssl, Mt the hour Of two o'clock ia
the afternoon Of said day, 1t the Court House
door, in tn city Of Davenport, in said Scott coun-
~, in the State Of Iowa, sell and dispose Of a,
public auction, to the highest bidder, or bidders
for cash. all and singular the aforesaid real estate
and will there Ipon execute Deed of the same I.
the purchaser or purchasers thereof, as by tn.
terms Of said Deed of Trust provided.
Dated this 4th day Of April A. D.. 1861.
JOHN JAMES DIXWELL.
WILLIAM l. BOWDITCH.
GEORGE K. MINOT,
apr4-dts&w4t Trustees