Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1909-02-17
ORIGINAL NOTICE.


his wife, Albert L. Thompson, and
Mrs. Albert l.. Thompson, his wife,
defendants.
You are each hereby notified that
on or before the LIST day of February,
1909, petition in equity of Edward
r. Scott, plaintiff, will be filed in
the office of the clerk of the district
court of Iowa, in and for Winnie
shiek county, demanding judgment
against the defendant, Filing o.
Void, for the sum of 100000 to-
gether with interest thereon at the
rate of six per cent. per annum from
the 31st day of October, 1908; and
further demanding as against all of
said defendants that said judgment
be made lien upon the following de-
scribed premises situated in the
county of Winneshiek, and State of
Iowa, to-wit: The west half of the
northeast quarter and the east half
of the northwest quarter of section
16, township SO north, range 8 west
of the 9Th p. NJ; and further ask
ing that said lien be decreed to be
prior lien to any and all right,
title, or interest of any and all Of
said defendants in and to said real
estate. Plaintiff also asks judg-
ment and decree for such other and
further relief as may be equitable
in the premises. Said sum is alleg-
ed to be due and owing plaintiff
because of defendant, Filing Void
wrOngfully and fraudulently in, to-
wit. the latter part of Oct. 1908. rep
resenting to him that he was unable
to get an offer for said premises, for
the sale of which property defen-
dant, Filing 0. Void, was then act
ing as agent for plaintiff, Edward
r. Scott, and when in truth and in
fact defendant, Filing o. Void, had
already received bona fide offer of
$S,000.00 for the same, and because
of such false and fraudulent repre-
sensations defendant, Filing o. Void,
induced Edward r. Scott to sell
said premises to him for $6,OOO.OO,
and while defendant, Filing o. Void
was acting as agent for plaintiff
for the sale of the same, and also
when said premises were in truth
and in fact of the actual value Of
much more than SS,OOO.0O. Plain
tiff alleges that said false and fraud
ulent representations were made by
the purpose of deceiving, and did
deceive this plaintiff and at the
time of the sale of said premises by
plaintiff to defendant, Filing o.
Void, plaintiff had no knowledge or
information whatever as to the facts
as above set out. 1t is also alleged
that subsequent to the execution of
the warranty deed from plaintiff to
defendant, Filing 0. Void, and upon
the same day thereof, the defendant,
Filing o. Void, and wife executed
another deed to said premises to
the defendant, Albert L. Thompson.
1t is, however, alleged that said deed
to Albert l.. Thompson was merely
executed as security for money ad-
vanced by Albert l.. Thompson for
Filing o. Void, and in fact said war
ranty deed to Albert l.. Thompson
is only a mortgage. 1t is alleged
| that the defendant, Filing O. Void,
is still the owner of and has an in
terest in and to the premises above
described. 1t is further alleged that at
the time of the execution of the deed
to Albert l.. Thompson, he was cog
infant of the fraud that had been
perpetrated by Filing o. Void upon
plaintiff, and that Albert l.. Thomp-
son took said deed with full know
ledge of all the facts with relation
to the deal and to aid and assist
Filing o. Void in the carrying out
OF his fraudulent designs and pur-
poses. That because of the facts
set out defendant, Filing o. Void,
induced this plaintiff to sell said
premises to him for to-wit, more
than 100000 less than they were
reasonably worth and less than
plaintiff would have been able to
realize for the sale of such premises
had the offer which Filing o. Void
had already received for the same
been communicated to this plaintiff
as justice required should have been
done. That because of the facts
heretofore mentioned, all of which
are more fully set out in the petit
ton, there is due and owing the
plaintiff from defendant, Filing o.
Void, the sum of 100000 and in
terest as aforesaid, the payment nf
which has been demanded of de-
PENDANT, and which he has failed and
refused to make.
And that unless you appear thereto
and defend on or before noon of
the second day of the next April
term, A. ID. 1909, of said court,
which will commence on the 18th
day of April, A. d. 1909, at the
court house in DEBORAH, Iowa, de-
fault will be entered against you,
and judgment and decree rendered
thereon.
E. w. Cutting.