The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1889-02-01
SERVICE az pupLrcArroN.
IN THE DISTRICT COURT FOR ALLEN
county Kansas
j. A. Heath, plaintiff,

l i county Kansas
j.. a. Heath, plaintiff,
| vs.
IS. A. Brown AMI F.E.
Parish. partners as s.
| Brown 4 TO-, L.
| Marshall, Georgia j.
| Amos and Anna r.
| Amos, and Rachel A.
| Haines, Defendants.
| Petition to vacate and set aside the Referee q
| report and the judgment of the Court thereon
and for new trial.
State of Kansas, to said defendants, s. A.
Brown, F. e. Parish, e. Marshall and Rachel
| a. Haines.
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-
| len county, Kansas by said above AIMED PLAN
| tilt, j. A. Heath, who on the 9TH day Of De-
cember, 1883, filed bis verified petition. sup
| ported BY aftidayits, 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 a new trial, and for
such other and further relief as shall be DEEM
ed equitable, in the cause entitled IS. A.
Brown and Parish, partners under the firm
name andstyle OF ). A. Brown & Co., plffs, VS.
| f. Marshall. j. A. Heath, Georgia j. Amos,
Anna Il. Amos and Rachel A. Haines, defend
| ants, tried in accordance with an order OF
reference, before a referee, j. d. McCleverty,
in lsS7, whose report In eaid cause was made
| thereon to the said District Court for Allen
county, at its March term, 1855, and upon
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, and for reason of
which he petitions the Court for vacating and
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:
lie. For ;rragular;ty a., tho ,,.ooao,I;nns Of
the Court and the referee, by the prevailing
parties, Georgia J. Amos and Anna r. 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.
Hanes.
End, For the misconduct OF the prevailing
parties. Georgia J Amos and Anna II. Amos,
by their agent and attorney, George A, Amos,
and by George 4. Amos, their agent and attor-
ney, and agent and attorney for Rachel A.
I1aines, and for the misconduct of Rachel A.
Haines acting under the control and influence
AMI by the direction of the said George A
Amos, her attorney and agent and for the mis-
conduct of K, Marshal; and for the misconduct
Of s 5; a Brown Brow and Z. Parish acting by and
the misconduct r. W Phelps, agent for the
said $ A. Brown and F E. Parish, partners as
). A Bro gn & Co.
for the plaintiff herein, j A Heath, discover
ed within 30 and 8 days last past and which
he could not with reasonable diligence have
after the term at which the referees report
was made and judgment entered thereon, and
after the motion therein by plaintiff herein (de-
PENDANT thereinl for setting aside the referees
report, for new reference, and for a 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
and agent, and agent aud attorney for Rachel
A.. Haines and by Rachel A.
Halnes as an involuntary actor, un-
der the control of and underline influence ofthe
and of S. A Brown and F. f. Parish, by their
agent, L. w Phelps, and by 7. w. Phelps,
their agent. And by the fraud and perjury of
E Marshall and by the fraudulent and wrong
full conspiracy OF +. Marshall and George "A
Amos.
You are hereby further notified that unless
you answer said petition on or,beforethe second
day of March, lSS9, the said petit len will be
taken as true and Judgment rendered thereon
In favor of said plaintiff, J. a. Heath, and
against you and your co-defendants Georgia
J. Amos and Anna Amos, vacating and set
ting aside the referees report and the judg-
mpnt of the Court thereon, and for new trial
in the said cause hereinbefore mentioned and
entitled IS. A. Brown and f Z Parish, part
ners under the firm name and style of 5. A.
Brown Il Co, plaintiffs, vs.. L. Marshall, j
a. Heath, Georgia J. Amos, Anna 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 maue 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 yacatng setting
settiug aside and quashing all existing writs of
further relief as shall be deemed equitable and
just in the premises.
Joseph Stewart, Attorney for Plaintiff J. a.
Heath.
{ ~) In witness whereof have hereunto
Z SEAL. }set my hand and affixed the official
w seal of the said court, at lola, Allen
county, Kansas, this l4th day of January, lss9
NJ. z JACoBY. Clerk of Dist. Court for
Allen cDunty Kansas