The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-08-21
I'm ChanCery,
IN TIE COURT OF COMMON PLEAS
TUsCARAWAS COIJNTY. OHIO,

lOOSNRst W ~ SOSN 'OAAACs
Jesse Burr This bill was filed on
Henry OImsiead, }the Sth May lo4O and
~ ais. charges that on the 81
vs March 1857 the Delen. |
David NJ. Ward & dant, Ward was indebt |
Christian Cascbeer, ed TO the COmot. Burr
in the sum or$323, 80 by note dated 18th Au-
gust 1884, al 2 years with interest from the |
date, with Asahel Ward and William Ward Sc |
curiiies. That said Df. Ward was also indebt
ed TO the Compt. Olmslead Smith & Co. in sam
of SAG, ,l6, which was tlen eviden- |
ed by note drawn by Gabriel Cryder 10 said
DIT. Ward or order and by him indorsed to the
said Ulmsted Smith 81 Co. dated 18th June
1896, that on said 30th day of March 1887 said
Defendant Ward being desirous of securing all
said Complainants, their said several debts, ex-
ecnted a deed in due form of Law and acknowl
edged the same, and which was recorded in the
proper Office 10 Tuscarawas Cuunty on the 4th
day of April 1887 (which deed is exhibeted as
part of Compt. Billy by which said Ward mort
gagged to said Cumplanants Lot No. G5 i'll the
Town of New Philadelphia, in said county with
all appurtenances, and also set of BlacksmiIhs
tools 10 shop on said lot, and all the Iron and
Coal there on hand in said shop for the security
of said debt and interest, to be sold ufter-a rea-
spnable time had elapsed after making the same,
tle proceeds thereof to be divided between the
said Compts. in proportion to their respective
claims, Of which said lot the said Def. Ward
was then siozed in fee, and was possessed OF
said Iron and coal TO tha value of one hundred
dollars, that Olmsted Smith & Co. should
give up to SAID defendant Ward said Cryder's
note and relg alone on said mortgage security,
and that by the terms orsiid deed ufnortgage or
trust. b. NJ. Artherton, IA solicitor ofthis court
was authorized to sell and dispose of SAID pro-
pcrty and pay over to Compts. the proceeds OF
sale. That after repeated trials for that purpose
the said Ar,herton could not before the 22d July
1899, sell or dispose Of the same. Compls' aver
their respective debts are still unpaid, said Ohm
Sted Smith & Co. aver that on tho day of the
date of said mortgage and trust they delivered
up to saldDIt. Waid saidCryder'S note and reI-
cd,aone on said mortgage security. That rea
sonable time has elapsed since the date of said
mortgage for said DIT. Ward 10 make payment
Of said several sums of money and lhat he has
hitherto wholly refused though olten requested
10 do so.
That afterwards viz, on 18th March 1850,
Christian Casebeer George Suthour Jnn.Tuck
or ohla ained Judgement IN the Court of Cons
mon Pieas OF Belmont County Ohio, against
sad defendant Ward for about $1,000 and that
shortly before ooh June 1859 Tie said Caseteer
Sulhour and Tucker well knowing Tie prior
lien of the Comp,s. aud well acquainted with
facts caused an execution on said
Judgment to be levied on said nortaaged proper
lY, and OF the 3Gib day of June 1888, caused
The said personal property so moFlgaged 10 he
sold by the sheriff Of Iuscdrawas County, and
that upon such sale the said Defendant Case5eer,
Jii OF said personal property for $40, 26 Iii
and credited the same on said Judgment, and
hat on 23d July 1889 said judgmon, Creditors
with fnA notice as aforesaid Of Compts. equity, |
!aused said mlortga1cd lot to be offered for sale
by said Sheriff at which sale said DIT. Casebeer
bid of .he same for S472, so and credited tho |
Oh said Judgment. that said On. Casobeer claims |
10 hold said personal and real estatc by virtue |
If said Judgment execution and sale to the ex- |
rlusion of the Compts. and refuses to have com |
planauts claims first satisfied out Of said mort
5aged property or to release the same to Com
plamants.
The bill prays that De(is. answer TO the mat
ters SET forth the.Cin on their oaths and that up
OF final hearina an account he taken between.
colnYts. aud die. Ward Of the cOmpls. several
claims aforesaid, thai dr. Ward he orle,cd 10
pay the amount which may be found duo each
of said Compts.a and cosls Of this suit and acCru-
ing costs and interest thereof, and that in de-
inuit thereof the said norlgaged lot be sold &C
c0rding to the statute in that case made and pro.
vided, and that out Of the proceeds compls be
paid the full amonnt Of their several debts and
llerest and costs, and If the same should not
be sinicut tllcn that they be paid pro TGta SO
tar as SAID proceeds will 20, that should the pro-
ceeds be sufficient to poy compts. that the over
plus be paid 10 said CasebeeI, and il said lot
should not produce enough to pay cUmpt. tina,
an account be taken Of the said personal proper
ly so lnortgascd -und so Purchased and convert
ed by said Dit. Casebeer, and the said Dil. Case
beer be ordered ard dccreed 20 pay the whole
or so much as may be necessary to sHilsfy comp.
claims and costs, and that said Gasebeer be poSi
poned to compts. in the said morigeged proper
ly in respect 10 complainants prior lien and his
0otice thereof, and suchturther relief us 10 the
court shalt seem meet.
The said Defendants David NJ. Ward and
Christian Cascbeer are hereby notified that they
Of Complaint. within sixty days after the rising
o. the next term the Court of Common Pleas
TO be held, within and for said County Of Tus-
carawas. or in default thereof the said bill will
be taken as confessed and dncree rendered &C
cordluely.
n B. NJ. ATHER TON,
Compt. Solr.
July 2gth 164O, 6w.