The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1877-04-21

In the District Court OF the County OF Allen and
State Of Kansas
The State of Kansas, Plaintiff,
rhes; L. Byrne and W. H. Emmert,
Defendants.
The above named defendant, Thos. L. Byrne,
a nonresident Of the State of Kansas, will take
| notice that the above named plaintiff, did, on
| the 18th day of April, A: d. 1871, file petition
in the District Court Of the said County Of Allen
against the said Defendants setting forth that the
said defendants at q sale Of school lands in said
| county, on the 5th day Of July, 1869, purchased
from the State of Kansas the following described
school lands, situated in Allen county in said
State tO-wit: The northeast quarter Of the north
east quarter. at and for the sum of $40 the
northwest quarter Of northeast quarter, at and
for the sum of $40; the southwest quarter Of the
northeast quarter, at and for the sum of Sl2D;
the southeast quarter of the northeast quarter at
and for the sum the northeast quarter ofthe
northwest quarter, at and for the sum of $l20 the
northwest quarter of the northwest quarter, at
and for the sum of $50; the southwest quarter Of
the northwest quarter, at and for the sum of sl5o;
the southeast quarter Of the northwest quarter,
at and for the sum Of $I40 all the said tracts be-
ing in section thirfy-siN, township twenty-five,
range twenty east; that ct the time OF said pur-
chases, they gave q bond for each tract, and then
and there agreed in said bonds, to pay the amount
remaining unpaid Of the purchase money on each
tract in yearly installments, Of not more than
ten in number, together with interest at the rate
of ten per cent. per annum on the unpaid portion
of purchase money on each tract; that in pursu-
ance Of said bonds, the defendants have paid the
said tracts of land on the 5th day of July Of each
year, for the years 1870, 1871 and 1879 and the
nua interest due each and all Of said tracts of
land on the unpaid portion of the principal on
each tract to the 9TH day of July, A. d. 1872;
that there is now due and unpaid on each and all
Of said tracts of land, the yearly instalments for
the years Is s, 1874, 1875 and 1876; that there re-
mains due and unpaid ON each and all Of said |
tracts of land, the interest the unpaid part of
the purchase money thereof at the rate Of ten |
per cent per annum from the 5th day Of July, A. |
D. 1872; that by reason OF the failure of the de-
PENDANTS to pay the interest annually on the bal
ance of the purchase money Is Aforesaid, and the
yearly installmcnts IS aforesaid, they have for
feited all right, claim, titles interest in and
each and all of said tracts Of land and all claims
to the moneys paid on account Of said purchase.
The plaintiff prays that the court order, adjudge
and decree, that in case the defendants fail and
neglect % pay the yearly installments due on
each of said tracts of land together with the in
terest due as aforesaid on each tract on the por-
ton of purchase money remaining unpaid, to-
eether with costs and charges of this action,
within ten days from the rendition of judgment
in this action that all right, title and interest Of
them. in and to each and all Of said lands be for.
feited to the said plaintiff, and the title to said
lands be quieted in the plaintiff, and the defend
snts, and all claiming under them, be forever
barred from setting up any claim thereto, and
the purchase money paid be forfeited to the
State. The defendant, Thomas L. Byrne, is re-
quired to appear and answer or demur to said
lS77. or said petition will be taken true, and
Judgment rendered in accordance with the prayer
thereof. PETER BELL,
County Attorney Of Allen County. Kansas, for
the plaintiff.
lola, Apr 18th, 1877. Hsw