Maumee City express. [volume] (Maumee City, Ohio) 1838-184?, 1839-12-21

Lucas county, SIS. Pleas, October tern
A. ID. 1889.
James w. Higgins and IN CHANcERy
Thomas S. Dorcmus, IN pnrsu
Jonathan b. Marsh and ance of an or
Lewis M. Hankinson, der of sat
James &. Talmadge and court, the sale
'reunis Van Pelt, Ralph Clark
Charles Crosby, Sidney Smith
Morgan l.. Cande and Enos P. Clarl
edward Scrihner, Ebenezar L.
Stephen S. Chamberlain & Williams,
William ID. Bruin, Mordecai L.
John Reed Junior, Marsh, Rich.
John M. Robson, Stlwell, Tho.
Nehemiah Perry, mas Colder
Asbury Cocheron, and Joseph l..
Thomas G. Bartine, Frame, are
Charles Crosby hereby notl-
James X. Swayze and fed, that du
Caleb Swayze ring the Octo-
Il. Fish, ber term 1880,
Daniel M. Wilson, of said court,
William Scott, and the complain
Daniel nj. Wilson; ants filed their
James S. Sturges, bill in chance
Timothy Griffith and ry against said
Frederick Tyler. defendants,
VS.. setting forth
James Kinney, in substance
William st. Clair, that complain
Ralph Clark, ants are judg-
Sidney Smith, ment creditors
Enos p. Clark, of James Kin
Ebeneze: l.. Williams, ney--that said
Mordecai L. Marsh, Kinney has no
Richard Stilwell, property snb-
Thomas Calder and ect to execu-
Joseph l.. Frame tion at law:
that said Kinney, on the 3Oth June, 1888,
conveyed to said st. Clair by warranty deed :,
in fee simple, lot No. 7, IN Hunts addition
to Maumce, for the consideration of $3.50,
which said deed compainants claim was IN
tended to be, and in truth, though not in
form, was deed of trust. First, to indem-
nifty said st. Clair against certain liabilities
set forth in said bill; and secondly, in trust
for the benefit and payment of certain Gre
Gitors of SAID Kinney; that at the time of
the conveyance Of SAID lot, No. 7, from
Kinney to st. Clair, the compliments were
creditors of said Kinney: that complainants
have been and are ready and willing, and
have offered to pay off abe liability of st.
Clair, provided SAID st. Clair would convey
said lot No. to them, which st. Clair re-
fused to do; that Ralph Clark, Sidney
Smith and Enos P. Clark, Ebenezer l..
Williams, Mordecai l.. Marsh ana Richard
Stilwell, and Thomas Calder, pretending to
be judgment creditors of said Kinney, fled
their Bill against said Kinney and others,
in said Bill named, in which they set forth
various matters and things, and amongst
other things they charge, tqat the deed for
lot No. Z, from Kinney to st. Clair. is frau
Ju,ent and void; and among other things
they pray that said deed may be- decreed
fraudulent and void, that the same may be
cancelled and set aside; and that said lot
No. 7, may be subjected to the payment of
their said several debts: that Joseph l..
Frame, pretending TO be a Judgment credi-
tor of said Kinney, filed his bill against said
Kinney and others in said bill named under
the bill filed by Clark and others; and COM
plainants charge; tnat as to the debt of
said Thomas Calder, and S25OO of the debt
OF said Frame, said Kinney did not contract
said debts on his own account, but was
merely an enLorser, for which he never re-
ccved any consideration, and they claim
that their debts against said Kinney ought
to be paid off fully, before any part of SAID
Calders debt, and $500 of said Frames
debt be paid: and they further charge that
the deed of lot No. from Kinney to st.
Clair was intended for the benefit and pay
ment of his own creditors on debts he had
himself contracted, and not on debts he had
by endorsing for others without
that Williams, Marsh s. Co.
hold, in trust, certain real estate in the city
Of New York, as collateral security for
their debt against Kinney, for the purpose
Of being sold by them, and after satisfying
their said claim, the overplus, if any, was
to be paid 10 said Kinney, or such Of his
creditors as he should direct, and that said
rcal estate is ample security to pay their
said debt against Kinney. And the prayer
Of said bill is, that lot No. may be sold,
ana the proceeds thereof applied according
to the trust created by the deed from Kin
ney to st. Clair, first to discharge tho liza
billty against st. CLAIR, and secondly, the
Dverplus applied in payment of complain
ants debts, if sufficient, and if not sufficient,
then TO be distributed amongst them and
such other of the creditors of said Kin
ney,as are embraced or intended to be embra-
ced in SAID deed of trust in proportion to
their several demands-that the claims of
Marsh s. Co., excepting any bal
ance that may be due after applying the
property they hold in the city of New York
and the debt of Thomas Calder-and SO
much of the debt of the said Frame as was
for the endorsement of said Kinney, be de-
ferred and postponed to the claims of the
and others embraced in the
deed of trust from Kinney to St. Clair; and
for general rehef. And the said RAJ lph
Clark, Sidney Smith and Enos P. Clark,
Ebenezer l.. Williams, Mordeca L. Marsh
Richard Stilwell, Thomas Calder and Jo-
seph L. Frame are further not flied, that
unless they appear and plead, answer or de-
muir to said bill within sixty days after the
next term of said court, the conplanants,
1T the term next after the expiration of said
sixty days, will apply to said court to take
The matters and things charged in said bill
Is confessed, and decree thereon accord
ugly. N. RATHBUN,
Solicaor for Complainants.
Dec. Z. 36t6