Maumee City express. [volume] (Maumee City, Ohio) 1838-184?, 1839-12-07
The STATE OF ONO, Court of Common
Lucas county, SIS. Pleas, October term
\A. ID. 1889,

Lucas county, IS. Pleas, October term
A. ID. 1889.
James w. Higgins and IN CHANoERY.
Thomas s. Doremus, IN pnrsu-
Jonathan b. Marsh and ance of an or.
Lewis M. Hankinson, der of said
James G. Talmadge and court, the said
Teunis Van Pet, Ralph Clark,
Charles Crosby, Sidney Smith,
Morgan l.. Candle and Enos P. Clark
Edward Scribner, Ebenezar l..
Stephen S. Chamberlain g. Williams,
William d. Bruin, Mordecai l..
John Reed Junior, Marsh, Rich
John M. Robson, Stlwell, Tho
Nehemiah Perry, mas Colder,
Asbury Cocheron, and Joseph l..
Thomas c. Bartne, Frame, are
Charles Crosby, hereby notl-
James K. Swayze and fled, that du-
Caleb Swayzo ring the Octo-
e. Fish, Der term 1899,
Daniel M. Wilson of said court,
William Scott, and the complain
Daniel M. Wilson; ants filed their
james s. Sturges, bill in chance
Timothy Griffith and 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 KIM
Ebeneze: l.. Williams, ney--that said
Mordecui l.. Marsh, Kinney has no
Richard Stilwell, property snb-
Thomas Calder and ject to execu-
Joseph l.. Frame tion at law:
that said Kinney, on the SOth June, 1888,
conveyed to said st. Clair by warranty deed,
in fee simple, LOT No. Z, IN Hunts addition
to Maumce, for the consideration of $6550,
which said deed compliments 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
Iitors of SAID Kinney; that at the time of
the conveyance of said lot, No. 7, from
Kinney to st. Clair, the complainants were
t;redtors of said Kinney: that complainants
have been and are ready and willing, and
Lave 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
StilweI, and Thomas Calder, pretending to
be Judgment creditors of said Kinney, fled
their Bill against said Kinney and others,
in suid 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
du,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 judgment credi-
tor of said Kinney, filed his bill against said
Kinney and others in sliG bill named under
the bill filed by Clark and others; and COM
plainants charge; tnat as to the debt of
said Thomas Calder, and $25O0 Of the debt
of said Frame, said Kinney did not contract
said debts on his own account, but was
merely an enGorser, for which he never re-
ceived any consideration, and they claim
that their debts against said Kinney ought
to be paid off fully, before any part of SAID
Calder's debt, and $25O0 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
contracted by endorsing for others without
consideration: that Williams, Marsh & 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 TO said Kinney, or such Of his
creditors as he should direct, and that SAID
real 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 the lla-
bility against st. CLAIR, and secondly, the
overplus 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 10
their several demunds-that the claims Of
Williams, 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 Sc
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 thu
complainants and others embraced in thu
deed of trust from Kinney to st. Clair; ant
for general relief. And the said Ralpl
Clark, Sidney Smith and Enos P. Clark
Ebenezer L. Williams, Mordecai L. Marsl
Richard Stilwell Thomas Calder and 10
seph L. Frame are further notified, t ha
unless they appear and plead, answer or de
muir to said bill within sixty days after tn
next term of said court, the complalnants
at the term next after the expiration of SAT-
sixty days, will apply to said court to TAX
the matters and things charged in said bl
as confessed, and decree thereon accord
iugy. N. RATHBUN'.
Solicitor fol, Complainant.