Page:Federal Reporter, 1st Series, Volume 2.djvu/520

SHERMAH ». 8AVBRÏ. 513 �The cause was taken to the supreme court of the state, and ■was tried there de novo on its merits, the decree of the dis- trict court af&rmed, and a new and full and final decree en- tered in the supreme court on the twenty-second of April, 1875. This decree is set eut in full, as an exhibit to com- plainant's bill in this cause, and we point only to the follow- ing extracts from the same, to-wit: "It is ordered and adjudged that the defendants, the county of Cerro Gordo and McGregor & Sioux City Eailway Company, now the MeGregor & Missouri Eiver Eailway Company, and the defendant Hot- ace S. Taylor, are ordered and directed, within 20 days from this date, to execute deeds of release, with special warranty against conveyances or encumbranees, executed or suffered by them respectively, to the said B. F. Allen, for an undivided one-fourth of all the land hereinbefore described, and to J. C. Savery for an undivided one-eighth df all the lands, etc., •with like covenants ; and to Angeline J. McKay, for an undi- vided one-eighth, etc., with like covenants, and deposit the same with the clerk of this court, etc. �"And that in default of the delivery of such conveyances, duly. executed, to the clerk of this court, within twenty days from the rendition of this decree, the clerk of this court is hereby appointed, and he is hereby directed, to execute such conveyance in the name of said several defendants, with like covenants in their name and behalf. �"And it is further ordered and adjudged that the said Me Gregor & Sioux City Eailway Company, now the McGregor & Missouri Eiver Eailway Company, purchased the interest of said Cerro Gordo county in the lands in controversy, upon a covenant to save said county harmless and exempted from ail costs and expenses by reason of the contract in contro- versy herein ; and that the said county of Cerro Gordo have and recover of the said McGregor & Sioux City Eailway Company, now the McGregor & Missouri Eiver Eailway Com- pany, all costs in this suit adjudged against said county, and that may have been paid, or that shall be paid, in this cause by said county, or any fund to which it is entitled under this decree." �v.2,no.5— 33 ����