White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1868-10-22

is hereby given, that on the 25th day Of
l. August, A. d. 1868, Adam Bremen, plain
tiff, filed his petition ia the District Court with
in and for the County OF Doniphah, and State of
Kan sas, against John W. Forman, James F.
Forman, William Sublett, John A. Van Arsdale,
Bartholomew O'Driscoll, asaph Allen, Harris
Stratton, Robert Riddle, f. w. Stratton. and
Reuben Middleton, defendants. and alledging
that said defendants were partners in and men,
hers of an association organized for the laying
out and building town on certain terms and
conditions set forth in certain articles of asso-
citation executed by them, copy of which ar
tcles are attached to and made part Of plain
till s said petition, and that certain other per-
cons became members of said association, and
that all of the members Of said association ex-
cept the above named defendants sold their
interests in and withdrew from such associa-
ton; that for the purpose OF carrying ont the
objects of said association, said association
purchased the east half OF s. elton FIVE, and the
west half of section four. in township four, Of
range No. twenty-One in DoniDhan County,
Kansas, and the said lands were laid off in
lots and blocks, as an addition u the town Of
Doniphan; that the said association became
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 men,
bers of said association, beng duly authorized
for that purpose. mortgaged said lands afore-
saii to George Young, of st. Joseph, Nilsson
ri, for l5I50.00, for the purpose Of raising
money to pay debts due from said association
to various persons; that afterwards said asso-
citation failed TO pay Oft 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 assoeia-
ton, and there being other judgments that
were liens on said premises. which he paid of
and discharged at the instance OF said associa-
ton, am uniting in the aggregate to about
$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 out for it. in
costs, EXPENSES, and attorneys fees, $1,000;
that plaintiff became the purchaser of said pre-
misses, at the INSTANCE of the members Of said
association; and that at the time of the exeeu
of the said mortgage TO the said George
Young, and at the time of the purchase
ofssid premises by this plaintiff, the said
Robert Riddle, Reuben Middleton, Harris
Strattoa, Asaph Alien and E. W. Stratton
had no title Of record in or to said pre-
misses, aud 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 or
to the same; but this plaintiff says they have
no interest in or to the same, or any part thsre
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, Asaph Al |
len and Harris Stratton, due this plaintiff, is
seventeen hundred dollars, with interest since
April LIST, 1867; and the said plaintiff asks
that the said Robert Riddle, Reuben Middle
ton, Assph Allen and Harris Stratton may lie
compelled and required to come INFO Court,
and pay to this plaintiff their share OF money
which he has paid out on account of said asso-
citation. in short day to be fixed by the Court,
or that in default thereof. each of said defen- !
dants, and all other Of said defendants, may
be perpetually enjoined from setting up oil
any title to or interest in said premi
seq, and for all other proper relief; and said
Reuben Middleton, Asaph Alien,
Harris Stratton, John A.. Van Arsdale, James
r. Forman, and William Suhlett, who are
of the State Of Kansas, are no
tilted that they are required to appear and au-
sxer said petition on or before The fourth day
of November, A. d. 1863.
So ADAM BRENNER.
By OTIs & GLIcK, bis Attorneys.
September 3, IS6S-7w.