Palo Alto County IA Archives History - Books ..... Appendix B - Assignment Of Judgment And Settlement Of Paoli Court House Matter 1910
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Book Title: History Of Palo Alto County Iowa

APPENDIX B
ASSIGNMENT OF JUDGMENT AND SETTLEMENT OF PAOLI COURT HOUSE MATTER

The County of Palo Alto  )   In the District Court of 
vs.                      )   the County of Palo
John M. Stockdale et al. )   Alto.

To the Honorable Board of Supervisors of Palo Alto County, Iowa:—

   At the June term of the District Court of Palo Alto Co., in 1866, a judgment
was rendered and entered upon the Judgment Docket now in the office of the clerk
of the District Court of said County, against John M. Stockdale and others,
defendants, in the above entitled cause, and in favor of Palo Alto Co., Plff.,
for the sum of ($9750.00), Nine Thousand Seven Hundred and Fifty Dollars and
cost of suit.

   I desire to purchase said judgment from your said County and will pay for the
same as follows, to wit:

   1st.—I will deed or cause to be deeded to your said county one square of land
containing three acres more or less in the town of Paoli in your said county,
embracing the ground on which the Court House now stands, for the site of a
Court House to be erected.

   2nd.—Deed or cause to be deeded to your said county this day one square or
tract of land in the town known as Paoli, containing three acres, more or less,
for the purpose of a poorhouse site or other purpose of said county.

   3rd.—I will erect or cause to be erected in the county seat of said county,
upon the land first above named, one court house or public building for said
county, according to the plan and conditions of a contract herewith submitted
and will execute a bond with approved security for the faithful performance of
said contract.

   4th.—I will release or cause to be released the county of Palo Alto from all
or any claim which I have or may have against the said county for damages on
account of land deeded to me by the said county which has been conveyed to other
parties by the U. S. Government, provided that I still retain all rights of
indemnity which may accrue to me from the state of Iowa, or the U. S.

   5th.—I agree to discontinue or cause to be discontinued the application or
suit now on file in the office of the clerk of the District Court of your said
county in relation to the above judgment, and to pay all costs which may accrue
or may have been incurred in the prosecution of said suit or application for a
new trial in said above cited cause. The acceptance of the above proposition by
your Board shall be a final and conclusive contract and agreement without
further action on my part. Witness my hand this 14th day of August, A. D. 1866. 
                            (Signed) John M. Stockdale.

   Resolved by the Board of Supervisors after full conference, investigation and
reflection that the interests of the county will be promoted and litigation and
expense avoided as well as a substantial benefit realized from a doubtful claim
by the sale of the above named judgment of Nine Thousand Seven Hundred and Fifty
Dollars, in favor of Palo Alto and against John M. Stockdale and others, and
upon the terms and conditions above offered, and we the said Board of
Supervisors, do hereby sell, transfer and assign for good and valuable
consideration the receipt of which is hereby acknowledged, to the said John M.
Stockdale, his heirs and assigns, all right, title and interest of said County
of Palo Alto in and to the said judgment or any and every part thereof and
authorize him or his assignee to collect said judgment and to assume and have
the benefit of all right and legal means for the collection of said judgment or
any part thereof which could have been resorted to by Palo Alto Co. And the said
defendant both principal and securities, to wit, John M. Stockdale, Wm. P.
Logan, Wm. N. Meservey, H. Butterworth, and A. Taylor, are hereby released from
the payment of said judgment or any part thereof to said Plff.. Palo Alto
County, and they and each of them the said defendants are hereby authorized and
required to pay said judgment to the said John M. Stock-dale or his assignee
which shall be a full and complete payment, and the Clerk of the District Court
of the said County of Palo Alto (he being the clerk of the Board) is hereby
authorized and directed to make the following entry upon the Judgment Docket in
the above entitled cause and immediately contiguous to said judgment, to-wit:

   The above or foregoing judgment is hereby for good and valuable consideration
sold, transferred and assigned to John M. Stockdale and to his assigns, August
14th, 1866. See order of Board of Supervisors and sign his name thereto as
clerk. Witness our hands this 14th day of August, 1866. 
                                      (Signed) Joseph T. Mulroney,
                                               John Nolan,
                                                        Supervisors.

   I hereby certify that James H. Underwood, C. M., was entirely opposed and
voted against the proceedings of this meeting.
                                     James Hickey, Clerk. [1]

[1] Minutes and Supervisors' Record, Palo Alto County, i, pp. 86-88, county
auditor's office.


Additional Comments:
Extracted from:

History of Palo Alto County Iowa
BY
DWIGHT G. MCCARTY

THE TORCH PRESS
CEDAR RAPIDS, IOWA
1910


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