Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1861-04-08
LEGAL.
STATE OF IOWA, SCOTT COUNTY, SIS
- In District Court Of Scott county.
Waiter nnwn;n~

STATE OF IOWA, SCOTT COUNTY. SIS
- In District Court Of Scott county.
Walter +. Downing
George Rothweiler,
0ins Roth weller.
Jswett Root,
=. Ambs &Co.,
d. / Csnkle, e a.,
To said Dsfesdants and each Of them
You are hereby notified that there 10 nov on Ale
in the ofoe Of the Clerk Of the District Court Of
Scott csunty,a petition Of Walter y. Downing,
claiming the foreclosure Of certain Deed Of
Trust. dated June Is, 1885, recorded 10 book ~"
Of mortgages, pages 50 and 50, Of scott county
records. said Deed Of Trust wss szscutsd BY
said defendants, George Rsthweilss and Nina
Rothweiler to Charles Powers, ~ Trustee, and
conveys snto said Trustee the following dcscsib-
ed real estate, situated in Scott county Iowa. TO-
Wit: Commencing on the Mississppi river Of the
south west corner Of share number three 8 Of the
partition ofths estate Of BENZ. w. CLARK, decsa.ed
thence running north along tho west line Of said
share No. three 20 tho first sixty foot street . laid
out BY Baker, Hinkle 4 Adams, being tho south
west corner Of Peter ksrker's land (by the said
kerker purchased Of one Jacob Karnan) thence
east along the south side Of said street and on
and along the soath side Of said Kerker's land TO
the cast side Of Main street, - shown on said
baker, Hinkle Adams' plat, being the north
west corner Of one Erie Dodge's land thence
south along Dodges' west line 70 the Mississippi
river; thence running west with said river 70 the
place Of MISUNDERSTANDING thereout only lots
seven and eight ISL in block one H., being
about 6fty-two 81 feet eight [sl inches il width
Is shown on said plat. The land conveyed being
part Of share No. three 1877 Of the said Clark's
estate paritioned and being al the property con-
veyed TO ono Msskill by deeds from A. P. Ringer,
Mounts Morehead. except lot three ISL - sur
veyed by Strong Burncll, and heretofore con-
veyed TO Jacob Shus and others, and the sane
by deed Of same date as sid Deed Of Trust from
A. Wentz to said Roth weier. The said Deed Of
Trust was executed for tho purpose Of securing
the payment Of two promssory notes, payable TO
the order Of J. Havilasd Haight, one for the sum
Of eighty-seven $1,000 dollars payable six months
after date, and one for the SUN Of seven hundred
eighty-seven 50-l00 dollars, payable ono year af-
ter with interest. The date Of both said notes
being January is, 1855. liaight endorsed both
said notes to plaintiff, who is now the owner and
holder Of the same. The said notes being long
past due and wholly unpaid, plaintiff prsys that
an account be tsken to ascertain the amount due
him, and that George Rothweiber be ordered to
pay the same, and If he fails 20 to do, that said
Deed Of Trust be forecossd, and that said real
testate, or so much thereof a. shall be necessary
10 pay of and satisfy the amount so found due,
e sold, and that said kothweber and each and
yer barred and foreclossd from setting up any
llim and title on said property in law or equity.
No personal claim 10 made against any one but
said George Rothwe,ler, but Vents, Francis and
Augusta Meyer, EbeneIer Thayer, John g. Wash
burn, Burr 4 Swift, Winter Botham / jones'
Stevens, Chambers 4 Co., Jewett l. Root, ID. l..
Cunkle p. Ambs Co.. are made parties defend.
ants hereto, because they have or claim to have
some interest in said premises.
Unless yeu appear and answer said petition at
the next term Of the District Court Of Scott coun
ty, to DO begun and holden on the first Monday of
said juno, 1851, by on Of the second day Of said
term, plaintiff will apply to the Court for the re-
lief demanded in said petition to which for
further information you are hereby referred.
May oath, 1860.
PLUMER / VAN HOSEN,
mch20l Plaintiffs Att'ys.
THE STATE OF IOWA, SCOTT COUNTY,
i ss.-In District Court for said coAnty.
John Armil
vs..
James E. Bissell,
s samuel s'i Ssii., Original Notice.
Catherine Duf1n,
To James f. Bissel and Mary Rissell :
You are hereby notified that there is now on
file in the office Of the District Court of said
county, petition of John Armil, claiming Of you
the foreclosure Of a certain mortgage on the fol
lowing described real estate in Scott county iowa,
to-wit: The north half Of lot four a. and the
south half Of lot five (5,) Of Armil's first addi-
ton to the city Of Davenport, the said lots are
numbered and designated on the recorded plat Of
said addition. Said mortgage is dated October
18th, A. d., 1857, and is executed by Samuel Duff
fin and Catherine H., his wife, and James T. Bis
sell and Mary, his wife, to said John Armil and
also claiming judgment against you for the
sum Of six hundred dollars as damages for the
non-payment OF the two notes which said mort
gage describes and secures.
And unless you shall APPEAR AMI plead answer
or demur to said petition or before noon of the
second day Of tho next term Of the said District
Court Of Scott county, to be begun and holden oe
the first Monday OF june, 1861, judgment will be
rendered against you for the sum claimed, and Z
decree entered, n prayed for in said petition.
March Is, 1861.
JOHN ARMIL,
BY PLuHER / VAN HosEH, his Att'ys.
TNRUSTEE'S SALE.-Whereas, on the 23rd
i day Of October, A. d., 1888, Andreas Detlef
Laumback and Anna Laumback executed unto
Austin COrbin as Trustee, . certain deed Of Trust
conveying to said Trustee the land in Clinton
county Iowa: described - follows to-w.t: The
south half Of tho north east quarter of section
number thirty-three (33. in township number
eghty-thres (8S, north Of range No. five Is,
east Of the 5th 2. NJ. which said conveyance
was made by the said Laumbaek and wife for the
purpose of securing the payment of two certain
pr0WlsoOry nOtes anu tue INTEREST t00reO0, e1g00C
by laid Laumback, dated the 23d day of October,
A. D., 1858 one Of which is for the sum Of
twelve hundred dollars, due October 9Th, 1869,
With 10 per cent. interest after maturity on which
note was paid one hundred and ninety dollars Oc-
tober 9Th, 1860 and which motto is now the prop
erty Of F. H. Cutting. who is now tho legal owner
and holder thereof.
And now, said note having become duo and
payable. and the said Laumback hav-
ing failed to pay the same, !, Austin Corbin,
Trustee Is aforesaid, do hereby give this public
notice, that by virtue Of the power which
is in me vested by said Deed of Trust,
gill, on Saturday. the 9Th day Of April,
in the afternoon of said day, At the Court House
door, in the city Of Davenport expose and offer for
sale ut public auction, the parcel Of land above
described or much thereof IS shall be necessary
to satisfy andpsy the amount Of said note with the
interest thereon to tho day Of sale, together With
al the costs and expenses attending said sale,
costs of this notice and Trustees fees.
Dated the 18th day Of March a. D. 1861.
AUSTIN CORBIN,
mclhl.dts Trustee.
TRUSTEES SALE.-On Monday, tho ffteen
i (15)of April, eighteen hundred and sixty
one 1861, will be sold, for cash, to the highest
bidder, At the Court House door, 10 tho city Of
Davenport, Scott county, ct 2 o'clock p. NJ, the
following described real estate, situated in Scott
county, lows, to-wit: Commencing 1t point on
Miller street, in the city Of Davenport in out let
No. one % six hundred and twenty-five feet
(62s) and four inches from the south least COR
ner Of Block No. forty-nine 40 y measuring
thence north twenty-five (25) feet thence run
ming vest one hundred and fifty (l5O) feet, more
Or loss, TO alley |; running thence along alley,
one hundred and 6fty (15o; feet, more or less, to
place Of beginning, together with al tho sppur-
tenances thereunt0 belonging, BY power and eject