White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1868-10-15
Notice

s hereby given, that on the 25th day Of
L August, A. d. 1863. Adam Bremen. plain
tiff, filed his petition ia the District Court with
in and for the County of Doniphan, and State of
Kansas, against John W. Forman, James F.
Forman, William Sublett, John A. Van Arsdale,
Bartholomew O'Driscoll, Asaph Allen, Harris
Stratton, Robert Riddle. E. w. Stratton, and
Reuben Middleton, defendants, and slledging
that said defendants we're partners in and mem.
hers Of an association organized for the laying
out aud building town on certain terms and
conditions set forth in certain articles of asso-
citation executed by them, a copy ofwhich az.
ticles are attached to and made part OF plain
tiff g said petition, and that certain other per-
sons became members of said association, and
that all Of the members Of said association ex-
cept the above named defendants sold their
interests in end Withdrew from such associa-
ton; that for the purpose Of carrying cat ths
objects of said association, said association
purchased the east half OF section five, and the
west half of section four, in township four, of
range No. twenty-one. in Doniphan County.
Kansas, and the said lands we're laid od in
lots and blocks, as an addition to the town of
Doniphan: that the said association becance
embarrassed and largely indebted in carrying
out the objects of said association, and that
certain of said members of said association
refused to contribute their proper share of the
expenses of said association; that certain mem.
beers of said association, beng duly authorised
for that purpose, r,Ortgsged said lands afore-
said to George Young, Of ST.. Joseph, Nilsson.
ri, for S5750.00, for the purpose of raising
money to pay debts due from said association
to various persons; that afterwards aaid asso-
cistion failed to pay or and satisfy said mort
gage, and the same was fOreclosed, and the
lands sold, and the said Adam Brenner became
the purchaser thereof, at the instance Of and
at the request of the members of said associa-
ton, and there being other judgments that
were liens on said premises. which he paid Oh
and discharged at the instance Of said associa-
ton. am uniting in the aggregate to shout
$40 900. and that the title TO said premises
was in dispute and in litigation. and at the in
stance Of and at the request Of the members
of the said association. he paid ont for it. in
costs, expenses, and attorneys fees, 5000;
that plaintiff became the purchaser Of said pre-.
misses, at the instance of the members Of said
association; and that at the time ofthe'execu-
Of the said mortgage to the said George
Young, and at the time Of the purchase
ofsaid premises by this plaintiff, the said
Robert Riddle, Reuben Middleton, Harris
Strattoa, Asaph Allen and E. w. Strsttor
had no title OF record in or to said pre-
misses, and this plaintiff did not know that they
or either of them had or claimed any interest
in or to said lands, and that long after the
purchase of said lands by this plaintiff, they
set up and now claim to have an interest in o.
to the same; but this plaintiff saws they have
no interest in or to the same ,os any part there.
of, and. that he IL in the peaceable possession
Of the same, and has made lasting and valua-
BILE improvements on the same, and plaintiff
says that he has paid out in satisfaction Of said
judgments, liens, and expenses, sixteen thou,
sand dollars, and that the just share of the said
Robert Riddle, Reuben Middleton, Assph Al
len and Harris Stratton, due this plaintiff. is
seventeen hundred dollars, with interest since
April LIST, 1861; and the said plaintiff asks
that the said Robert Riddle, Reuben Middle
ton, Aaaph Allen and Harris Srstton may be
compelled and required 70 come inso Court.
and pay TO this plaintiff their share Of money
which he has paid out on account Of said asso-
citation, in . ebert day 20 be fixed BY the Court.
90 that in default thereof, each Of said defen-
dants, and an other of said defendants, may
be perpetually enjoined from setting up OF
claiming any title TO or interest In said premi.
ses, and for all other proper relief; and said
defendants, Reuben Middleton, Assph Allen,
Harris Stratton, John A. Van Arsdsle, James
F.. Forman, and William Suklett,. Who are
n2n-residents Of the State Of Kansas, are no.
tiled that they are required to appear and an
swer said petition on or before the fourth day
ADAM BRENNER.
By 0rIs 4 GlLcK, his Attorneys
September 3, Is6S-7w. +