The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1889-01-25
SERVICE BY PUBLICATION.

IN THE DISTRICT COURT FOR ALLEN
i county Kansas.
J. A. Heath, plaintiff.
S. A. Brown and f. e.
| Parish, partners as $.
A. Brown & CO., L.
| , Marshall, Georgia J.
| Amos and Anna Il.
| Amos, and Rachel A.
Haines, Defendants.
Petition to yacate and set aside the Referee 8
report and the Judgment of the Court thereon
State of Kansas, to said defendants, s. A.
i Brown, +. +. Parish, E. Marshall and Rachel
You and each Of you are hereby notified that
| you, together with the other cO-defendants
| above named, have been sued In the above en-
titled cause In the District Court in and for Al
len county, Kansas by said above named PLAIN
tilt, j. A. Heath, who on the 9th day of De-
| cember, 1883, filed his verified petition, sup
ported by alidavits in said cause against you
| In the Office of the clerk of said Court during
| the session thereof, the object, purpose and
| prayer of said petition being to vacate and set
aside the referees report and the judgment OF
the court thereon, and for new trial, and for
| such other and further relief as shall be DEEM
ed equitable, in the cause entitled IS. 4.
name andstyle of ). A. Brown 4 Co., plfrs, vs..
+. Marshall, j. A. Heath, Georgia j. Amos,
Anna r. Amos and Rachel A. Haines, defend
| ants, - tried in accordance with an order of
| reference, before referee, j. ID. McCleverty,
| in lSs7, whose report in said cause was made
thereon to the said District Court for Allen
| which report the said court entered judgment
| thereon, at the same term.
The grounds set out in said petition so filed
by the plaintiff, j. A Heath. ani for reason of
| which he petitions the Court for yacating and
| setting aside of the referees report and the
judgment of the Court theron. and for new
trial, and for such other and further relief as
| shall be deemed equitable and just, are as fol-
| lows:
LIST, For irregularity in the proceedings Of
the Court and the referee, by the prevailing
parties, Georgia J. Amos and Anna X. Amos,
/ by their agent and attorney, George A. Amos,
| and by George A. Amos, their agent and at
| torney, and agent and attorney for Rachel A.
| IIaines.
End, For the misconduct OF the prevailing
parties. Georgia j Amos and Anna X. Amos,
| by their agent and attorney, George A, Amos,
| and by George A. Amos, their agent and attor-
ney, and agent and attorney for Rachel A.
| Ilaines, and for the misconduct of Rachel A.
| Haines acting under the control and influence
and by the direction of the said George A
Amos, her attorney and agent and for the mis-
| conduct of +, Marshal; and for the misconduct
of 5. A. Brown and +. L. Parish acting by and
through their agent, L. W. Phelps, and for
said 5. A. Brown and f. 4. Parish, partners as
5. A Bro wn & Co.
srd, For newly discovered evidence material
for the plaintiff herein, J. A. Heath, discover
| ell within 30 and % days last past and which
he could not with reasonable diligence have
discovered before, and which was discovered
:
was made and judgment entered thereon, and
after the motion therein by plaintiff herein (de
PENDANT thereinl for setting aside the referee s
| report, for new reference, and for new
| trial, and which said evidence he could not
| with reasonable diligence have discovered at
or before that time.
4th, For fraud practiced by the successful
parties in obtaining the report and judgment,
on the part OF Georgia j. Amos and Anna X.
| Amos by their attorney and agent, George A.
Amos, and by George A. Amos, their attorney
a. Anu Manes and OIL" by by'' Rachel CHI '"'n a.
Haines as an involuntary actor, I'M
der the control of and underline influence of the
said George a. Amos. her attorney and agent;
and of 5. A Brown and +. l.. Parish, by their
| agent, L. w. Phelps, and by I. w. Phelps,
| their agent. And by the fraud and perjury of
f Marshall and by the fraudulent and wrong
full conspiracy of Z. Marshall and George A.
| Amos.
You are hereby further notified that unless
you answer said petition on or,beforethe.second
day of March, 1859, the said petite will be
taken as true and judgment rendered thereon
In favor of said plaintiff, j A. Health and
against you and your cO-defendants, Georgia
j: Amos and nd Anna X Amos, vacaiing and set
| ment of the Court thereon, and for a new trial
| in the said cause hereinbefOre mentioned and
entitled rs. A. Brown and f, Z. Parish part
| ners under the firm name and style of $. A.
Brown \ Co, plaintiffs, VS.. Z. Marshall.
| A. Heath, Georgia j. Amos, Anna Il Amos
and Rachel a Haines, defendants,' hereto
fore tried in accordance with an order of refer
ence. by J ID. McClaverty referee in 1857 whose
| report in said cause was mate thereon to the
said district court for Allen county, Kansas,
| at the March term, lSSS, and upon which re-
port the said court entered Judgment thereon,
| at the same term; and staying all further pro-
ceedings on said Judgment and vacatng setting
| settiug aside and quashing all existing writs of
execution thereon, and for such other and
further relief as shall he deemed equitable and
just In the premises.
Joseph Stewart, Attorney for Plaintiff J. A.
/