Maumee express. [volume] (Maumee City, Ohio) 1837-1838, 1838-05-19


Lucas county, ss. April term, A. d. 1888.
Phiiaaie. j Raymond, IN cHANcrRY.
VS.. r IA
Charles w. Lynde. gs
MD URSUANT to an order OF the court Of
n common pleas, in and for the county Of
Lucas, and state of Ohio. made at the April
term of said court, A. ID. 1888. The above
named respondent is notified, that the above
named compliments on the 26th day of 0cto-
Der A. ID. 1887, filed their bill in Chahcery
against him, setting forth that on the I'd day
of July, A. D. 1885, said Raymond contract
ed with said Lynde for the purchase of 25 or.
90 acres of land on the east side of the Mau-
NEE river, opposite Port Lawrence town plat,
in common and undivided, for the sunrof forty
dollars per acre, to be paddy the 10th day
of June, A. d. 1886, with interest from said
I'd day of July, 1885, provided said Raymond
should notify said Lynde of his wish to make
said purchase, on or before the LIST day Of
January, 1886.
That said Raymond made his election to
take so acres of said land, and gave notice
within the said time. That said Raymond
procured the money to pay for said land, and
started for the state of New York, in season
to have arrived at the residence of said
Lynde, by the said 10th day of June, 1886,
but was prevented by unavoidable accident.
That said Lynde, on the said 10th of June,
1886, had not the legal title to said lands.
That said money was offered said Lynde be-
fore he had obtained title to said land, and
was deposited in bank, in the city of New
York, to the credit of said Lynde and GER
tificate of deposite taken in the name of said
Lynde, and that he was notified that he
could have the deposite on his making a good
tile to said land. That said Lynde after
twards and before he had obtained title to
said land, drew draft for said money which
was refused, and that therefrom said Lynde
gave notice to said Raymond, that said con-
tract was rescinded.
That being threatened with SUIT, he pro-
posed to said complainants. to make to them
quit claim deed of said land, (he having OBJ
tanned title thereto,) with covenant of war;
ranty against his own acts, prov ided said
complainants would pay him said purchase
money, and per cent interest thereon, from
said 10th Of June, to the date of said propo-
siton. That said proposition was acceded
to by said complainants in; order to avoid iti-
cation, (they expressly insisting on their
rights under the original agreement.) That
said purchase money and interest, and $llO,-
S3 over and above, exacted for extra interest,
was paid said Lynde.
That said Lynde gave deed, but mt pur-
suant to said arrangement, which deco was
objected to, and said Lynde notified Of the
objections, and was not received. That said
Wade is jointly interested in said contract.
Said bill pruys for perfect deed, and for the
said sum of $ll0,S3 to be refunded with in
terest.
The said respondent is further notified that
unless he appear and plead answer, or demur
to said bill within 60 days from the rising OF
this court at the next July term thereof, the
same will be taken as confessed, and the pray
er thereof granted, and decree entered ac-
cordingly. e. WADE
Solicitor for Complainant.
May A. = 57t6