White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1868-10-01
Notice

rs hereby given, that on the 25th day OIL
l. August, A. D. 1853, Adam Bremen, plain
tif, filed his petition in 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 alledging
that said defendants were partners in and mem.
hers of an association organized for the laying
out and building a town on certain terms and
conditions set forth in certain articles Of asso.
citation executed by them, a copy Of which ar
ticles are attached to and made part of plain.
tiff s 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 and withdrex from such associa-
ton; that for the purpose Of carrying out the
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 D0niphan County,
Kansas, and the said lands we're laid of in
lots and blocks, as an addition II 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 mem
bers of said association, beng duly authorized
for that purpose. mortgaged said lands afore-
said to George. Young, of st. Joseph, Nilsson.
ri, for S5!5000, for the purpose of raising
money TO pay debts due from said association
to various persons; that afterwards said asso-
citation failed to pay OF and satisfy said mort
gage, and the same was forecloscd, and the
lands sold, and the said Adam Bremen 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
we're liens on said premises. which he paid of
and discharged at the instance OF said associa-
ton, am uniting in the aggregate to. about
$40 600, and that the title to said rrem;s
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, $4,000;
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 execu-
of the said mortgage to the said George
Young, and at the time of the purchase
ofssid premises by this plaintiff, Che said
Robert Riddle, Reuben Middleton, Harris
Strattos, .Asaph Allen and E. w. stratton
had no title. of record in or to said pre-
misses. aud this plaintiff did not know tha, thew
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 40 interest in or
to the same; but this plaintiff e,r3 they have
no interest in or to the same, or any r9rt there
of. and that he is in the peacesble possession
Of the same, and has made lasting and valua
BILE Improvements on the same, and plaintiff
says that he has paid out 10 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, Asaph Allen and Harris Suatton may be
compelled and required to come into Court,
and pay to this plaintiff their share of msney
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 CT said defendants, may
be perpetualy enjoined from setting up OF
claiming any title to or interest in said premi-
SEES, and for all other proper relief; and said
defendants, Reuben Middleton, Asaph Allen,
Harris Stratton, John A. Van Arsdale, Jane.
nnn-residen.s Of the State Of Kansas. are no
tilted that they are required TO appear and ar
swer said petition on or before the fourth dsy
of November. A. d. 1868.
ADAM BRENNER.
By OTIs 4 GLIcK, bis Attorneys.
September 3, 1666-7W.