Foreclosure of Mortgage-1844

EDGAR, LEONARD

Posted By: Henry Co Volunteer (email)
Date: 3/17/2004 at 17:44:50

Hawk Eye
Burlington, Des Moines, Iowa
Dec 28, 1843

Territory of Iowa
Henry County, Sct.
District Court for said County, March Term, 1844.

Bradford Leonard vs. Timothy Edgar.
In Chancery for foreclosure of Mortgage.

The said Timothy B. Edgar, will take notice that the said Bradford Leonard
has filed in the office of the Clerk of said Court, a petition in substance as
follows to wit:-

That on or about the 29th of June, A.D., 1842, the said Timothy B. Edgar, of
the State of Missouri, was indebted to the said Leonard in the sum of one
hundred and seventeen dollars, to be paid in one year after date with interest.

That to secure the payment of said sum of money, said Edgar executed to said
Leonard a conveyance of lots No. 1 and 2 in Block No. 3 in the 2d addition to
the town of Mount Pleasant, in said county, with the following condition of
defeasance annexed thereto, to wit:-

"Provided however, and these presents are on this express condition that if
the said party of the first part shall pay or cause to be paid unto the said
party of the second part, his heirs or assigns, the just and full sum of one
hundred and seventeen dollars, in one year from the date with interest thereon
according to the tenor and effect of a certain promissory note executed by the
said party of the first part to the said party of the second part, and bearing
the date with these presents, then and in that case the above and foregoing deed
is to be void and of no effect otherwise to be and remain in full force and
virtue of law."

That although the time of payment has long since elapsed, that said sum of
money has not been paid but is still due to said Leonard. Also, praying that the
said lot of land be sold to satisfy the demand of said Leonard, and that said
Edgar be foreclosed of all right and benefit of redemption. Now unless the said
Edgar shall appear before the said court on the 2d Monday in March next, at
Mount Pleasant, in said County, and answer all allegations in said bill, the
same will be taken for confessed and decree entered accordingly.

E. KILLPATRICK., cl'k of said court.

Jan. ' 44