Page:Federal Reporter, 1st Series, Volume 2.djvu/519

 613 • 7EDERAL REPORTBB. �ject to' certain contracts as aforesaid, against the claim or demand of ail persons whatever claiming the same, by, through or under the grantors. The grantors reserve a yend- or's lien for the purchase money above named, viz., sixty thousand one hundred and seven and 56-100 dollars. �"In witness whereof they bave hereunto set their hand and seal this seventh day of October, A. D. 1872. �"McGregor & MissouKi EivEE Eailway Company. "By EussELL Sage, President. "Witness: John A. Hilleey. [l. s.j �"J. M. Bush, Assistant Secretary." On the fifth of February, 1870, B. F. Allen, who had be- come associated with F. C. D. McKay in the contract of May 16, 1863, brought a suit in equity, in the district court of Polk county, lowa, against Cerro Gordo county, the railway Company, and the governor of lowa, to compel a specifie per- formance of the McKay contract. �On the eighteenth of March, 1874, Horace S. Taylor ap- peared in said cause and asked to be made a party defendant, and filed the following pleading : To the District Court aforesaid: �"Your petitioner, Horace S. Taylor, respectfully representa that he is the owner in fee in the real estate described in the plaintiff's petition in this cause, and to reeover which plain- tiff in this cause brought this action ; that said land was con- veyed to him by deed by the defendant, the McGregor & Sioux City Eailway Company, now called the McGregor & Missouri Eiver Eailway Company, dated October 7, 1872, a copy of which deed is hereto annexed, marked Exhibit A, and made a part hereof, Your petitioner therefore asks that he be made a party defendant in this action, and be allowed to defend, and that he be subatituted as defendant in the place and stead of the said McGregor & Missouri Eiver Eailway �Coinpany. �"HoEACE S. Tayloe." A trial was had and a decree ôrdered in accordance with the prayer of the plaintiff's bill, by the court below, on the day of, 1874. ����