White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1868-10-08
Notice

i hereby given, tat on the 10Th 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 Jdkn W. Forman, James +.
Forman, William Sublett. John A. Van Arsdale,
Bartholomew O'Driscoll, Asaph Allen, Harris
Stratton, Robert. Riddle. Z. w. Stration, and
Reuben Middleton, defendants, AMI alledging
that said defendants were partners in and men,
hers OF an association org ,nized 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
ticles are attached to and made part Of pliin-
tiff 3 said petition, AMI that certain other per-
cons became members OF said associ ition, and
that a of the members Of said association ex
cept the above IA ned defendants sold their
interests in end. witbdfex from, snch associa-
| ton; that for the purpose Of carrying ont the
objects Of said association, said association
purchased the east half OF s'ction five. and the
est half Of section four. il township four, Of
range No. twenty -one. in Doniphan County,
Kansas. and the said lands were laid of in
lots and blocks, "a an addition t, the town of
Doniphan; that the said association became
embar. assed and largely indebted in carryin.
| out the objects of said association. and that
certain Of said members of said association
refused to contribute their proper SHIRE of the
expenses of said association; that certain mem.
beers Of said association, being duly authorized
for that purpose. mortgaged said lands afore
sal to George Young, of st. Joseph, Miss 'u.
ri, for S5750.00, for the purpose of raising
money to pay debts due from said association
to various persons; that afterwards said asso-
citation failed TO pay of and satisfy said mort
gsge, and the same was foreclosed, and the
lands sold, and the said Adam Brenner beca me
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 OF
and discharged at the instance of said associa-
ton. am uniting in the aggregate 10 about
SO 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 olt for it. in
costs, expenses, and attorneys fees, 5000;
that Plaintiff became the purchaser of said pre-
misses, nj the instance of the members Of said
association; and that at the time Of the execu
OF the said mortgage TO the said Georg
Young, and at the time of the purchase
ofsaid premises by this plaintiff, the said
Robert Riddle, Reuben Middleton, Harris
StrattoR, Assph Allen and Z. w. STATION
had no title of record in or to said pre-
misses, and this p ainriff did not know that they
or either of them had or claimed any interest
in or to said lands, and that lcng 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 there
Of, and that he is in the peaceable possession
OF the same, and has made lasting and valua
ble improvements on the same, and plaintiff
Gays 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, Reaben Middleton. Asaph Al
len and Harris Strstton, due this plaintiff, is
seventeen hundred dollars, with interest since
April ist, 1867; and the said Plaintiff asks
that the said Robert Riddle, Reuben Middle
ton, Asaph Allen and Harris S;ratton may be
compelled and required to come into 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, caeh Of said defen-
dants, and all other Of said defendants, may
be perpetuaIly epjoined from setting up OF
claiming any title to or interest IN said preuii
ses, and for all other proper relief; and said
defendants, Reuben Middleton, Asaph Allen,
Harris Siratlon, John A. Van Arsdale. James
r. Forman, and William Suhlett, who are
n,n-reridenis Of the State Of Kansas. are no
tilted that they arc required to appear and an
swer said petition nu or before the fourth day
of November, A. ID. 1868.
: 49, ADAM BRENNER.
By Or,s l. GiLcK, his Attorneys.
September 3, Is6S-7w.l =