The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1862-06-19

mortgage, claimed to be due to the
Schoolfund, and have called tho fol-
lowing witnesses before MS, towit:
Thomas Smith, Valentine Smith,
and Alfred Philips, who having been
duly sworn testified to the following
facts.
Thomas Smith testified that he was
present at the time and saw John
Burge pay the money to J. $. FIRE.
dericks for the said piece Of land, but
did not sec Fredericks deliver the
note and mortgage to Burgc, he also
testified that this transaction took
place on the frs. day Of April A. d
1857.
Valentine Smith testified that he
was present when the above trans
action took place, which was on the
First day Of April 4. D. 1857, at
Toledo, and that he saw the money
paid over by John Buryc to L. 5.
Frcdcricks but did not know tho
amount, that it was to pay otfa mort
gage on thcland where the said Bnrge
now lives, that Frcdericks did not
deliver over the note and mortgage
to Burgc because he said that lie did
not have them with him, but would
send them down 10 him from Monti-
cello in few days,-thc evidence Of
Mr.. Philips was the same as that Of
Valentine Smith -thc evidence Of the
witnesses was clear and distinct as to
the facts to which they testified.
When the County Judge came in
possession, Of the Schcolfnnc papers
the above named note and mortgage
was found among them. tsccms that
payment was made and that Ere
dericks did not fulfill his agreement
by delivering the note and mortgage
to the said Burge. We would there
fore recommend that the clerk Of the
District Court be instructed to take
the aflilayits Of the above named
witnesses, as to the facts Of the case.
and That they be sent on to the office
Of he auditor OF State in order that
the matter be properly adjusted be-
tween the State and County.
And sc the majority OF said CON-
mittee further recommend That the
note be given up, and the said mort
gage be cancelled.
!, s $; T r, ". Com
The undersigned would further, as a
minority, report that all proceedings
forithe collection OF said mortgage
and note be stopped until the matter
can be adjusted.
GEO. G. MASON.
The amount OF money which has
been paid into the permanent School
Fund since our last meeting, is sew
enty dollars, paid as follows:
January Both 1862 Yarham $4,000
May 10th 1852 W. H. s,ivers $1,000
The balance on hand when the JAN
nary report was made, was $3.50,
which with the amount since paid in,
amounts to $3.50. Since the Janua-
~ meeting there has been loaned out
Of the School Fund 5137 so, as fol
lows:
TO j. ". Southwick, $4,000
Surctics Hugh +. Castor,
Gurbam Grecnleaf
To O. 3. Smith $3.50
Surctics, Joseph Smith,
John Fathers.
Having examined the suretics given,
We find that they arc in every re-
spect in accordance with the require
ments Of the law, governing such
loans.
Having examined the certificates Of
taxes voted by the district township
for school purposes we find them all
correct except that from Carlton
township Which we refer back to
them for correction, also the !ccrtlf.
cate from Salt Greek township which
we also refer back to them.
The following is list Of notes and
mortgages now due.
Principal, Peter Brush.
Surcties, J. Fay, C. w. Free.
Principal, James Keizcr.
Surcties, Alb. Spooncr,
A. W. zimmerman.
Principal, VIM. McCllntock.
Sureties, ]. Keizcr,
N. w. Spickler.
Principal A. J. Lyle.
Sureties b. Hammitt,
J. A. Brown.