The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1886-07-02
LEAGUE SUITS SUSPENDED.

The following order was made by
Judge Stillwell last Wednesday morn
ing and explains itself:
And now comes the plaintiff by l..
w. Keplinger, his attorney, and like
wise comes the defendant by Henry d.
Smith, his attorney. and thereupon
said cause came on for hearing on the
motion of said defendant for a suspen-
sion of proceedings i'm this cause for
reasons set forth in said motion. And
thereupOn it was shown to the Court
in support Of said motion, that the
Honorable Secretary of the Interior Of
the United States, in an official conf
signed by him, of date
June 16, 1856, addressed to the Honor
able Acknowledgement of the United
States, had requested said Attorney
General. for reasons set forth in said
to commence a suit in
the name of the United States to cam
Gel and set aside the patents issued by
said United States for various lands in
Allen county, Kansas, including the
land i'm controversy i'm this action, and
said attorney for defendant herein
therefore moved the Court to order
that further proceedings i'm this cause
be stayed until the institution of the
action and during the penden-
cy thereof. The matter was thereupon
ton thereof, and beipg fully advised in
the premises, the Court does order as
follows: That further proceedings in
this Court in the above entitled action
be stayed and suspended until the in
stitution of the before mentioned suit,
and during the tendency thereof, SUBJ
ject to the following conditions: that
the defendant herein within sixty days
from this date, to-wit, June 80, 1856,
shall execute to the plaintiff in this
case and file with the Clerk of this
Court, an undertaking with good and
sufficient sureties, to be approved by
said Clerk, conditioned that said de.
PENDANT shall pay the plaintiff the rea-
sOnable value of the use and occupation
Of the real estate i'm controversy herein
from the date of said undertaking I'M
til the delivery of the possession of said
premises to said plaintiff, pursuant to
the final Judgment that may be rem
1ered herein, in case it shall be finally
lecided that said plaintiff shall recover
the possession of said premises. The
giving Of said undertaking by said de-
tendant shall not be held nor construed
N any way, As being an admission by |
aim of any right or title Of said plain
lift in or to said premises, SO as to preju-
lice or effect said defendant in any
way in maintaining his defense upon
he merits in this action. And it is
urther ordered that the sureties on
aid undertaking to be given, shall
Justify on oath before the Clerk, that
hey are in the aggregate worth at
east the sum of $500 over and above
III debts, liabilities and exemptions.
The plaintiff shall have reasonable no.
ice of the time when said bond will be
and shall have the right to
the sureties on oath touching
heir qualifications, the said plaintiff
greeing to designate local attorney
u the city of lola on whom
UGH notice may be served. And it is
urther ordered as a condition 10 the
foresaid stay of proceedings in this
ase that the contemplated suit by the
United States as herein before indicat-
d. must be commenced and pending
y the next regular term of this court:
nd unless said action shall he so COM
then this cause shall stand
egularly for trial at the next regular
ERIN of this Court.