The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-07-31
lin Chancery.'
IN THE COURT. OF COMMON PLEAS
TUSCARAWAS COITNTy OpFo

Jesse Burr This bill was filed ON
& ais. CHARGE. tbs, on ,bs o N
VS. March 1897 the DeEen.
David M. Ward q dant, Ward was indebt
Christian Casobeer, } cd to the Comot. Burr
in the sum Of$S9S, 80 by note dated 18Th Ans
gust 1884, al years with interest from the
date, with Asahel Ward and William Ward ga
curities. That said DA Ward, was also indeb,
ed to the Compt Olmstead Smith & Co. in sum
ol S4l6, 10, which was then eviden- j
ed by note drawn by Gabriel Cryder 10 sand
Dtt. Ward or order and by him ndorsed TO The
SAID Olmsted Smith & Co. dated 18th June
1886, that on said Both day of March 1897 said
defendant Ward being desrous OF securing ali
SAID Complalnants, their said several debts. ex.
ecuted deed in due form of Law and acknowl
edged the same, and which was recorded in the
proper otfice in Tuscarawas County on the 4tb
day OF April 1887 (Which deed is exhibeted as
part of ComPt Billy by which said Ward. mort
gagged to said COmplanants Lot No. 65 in the
town Of New Philadelphia, in said county with
all appurtenances, and also set of Blacksmitbs
tools in 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 after rea.
the 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 siezed in fee, and was possessed Of
said Iron and coal TO the value of one hundred.
dollars, that Olmsted Smith g. Co. should
give up TO said defendant Ward said Cryder's
note and rely alone on said mortgage securitv
and tbatby the terms fsaid deed oflnortgaee or
trust b. M. Artherton, solicitor ofthis court
was authorized to sell and dispose of said pro.
perty and pay over to Compts. the proceeds of
sale. That after repeated trials for that purpose
the said Artherton could not bafore the 22d Julv
1859. sell or dispose Of the same. Commits aver
their respective debts are still unpaid, said Ohm
sted Smith d Co. aver that on the day Of the
date OF said mortgage and trust they delivered
up to sadDt. Ward saidCryder's note and reli.
ed alone on said mortgage security. That rea
sonable time has elapsed since the date of said
mortgage for said Df. Ward 10 make paymert
OF said several sums of money and tbaf he has
hitherto wholly refused though onen requested
to do so.
| That afterwards viz, on 18th March 1890
| Christian Casebeer George Sluthour ina. Tuck
or obtained judgement in the Court of Cons
mon Pleas of Belmont County Ohio. against
said defendant Ward for about s 1000 and that
shortly before goth June 1889 the said Casebeer
Sluthour and Tucker, well knowing the prior
lien OF the Compts. and well acquainted with
thepreceeding facts caused an execution on said
Judgment to be levied on said mortgaged t,r oper
". and nthe Both day of June 1899, caused
me SAID personal property so, morgaged to be
| sold by thesherif Of Tnscarawas COUNTY and
thai upon such sale the said Defendant Casebeer.
old of said personal property for SAC, 90 Ia
and credited the same on said Judgment. and
that on 23d July 1889 said judgment Creditors
with tntl notice as aforesaid Of Compts, euuity
caused said mortgaged lot to be offered for sale
6y said Sheriff at which sale said DIT. Casebeer
bid off .he same for $472 70 and credited the
on said judgment, that said Dft. Casebeer claims
TO- hold said personal and real estate by virtue
OF said Judgment execution and sale TO the ex
ciusIon OF the Compts. and refuses to have com.
plalnants claims first satisfied out of said mort
gagged property or TO release the same to Com
plalnants.
The bill prays that Dehs. answer to the mat,
ters set forth therein on their oaths and that up
on hnal hearing an account be takea between
com?ts. and dfi. Ward Of the cnmpts. several
claims aforesaid, that dR. Ward be ordered 10
pay the amount which may be found due each
OF said CQmpts.and costs of this suit and aecru.
ing costs and interest thereof, and that in de-
ianh thereof the said mortgaged LOT be sold ac-
cording to the statute in that case made and pro.
vided, and that out Of the proceeds eompts, be
paid the fall amonni Of their several debts and
interest and costs, and if the same should not
be sufficint thei. that they be paid pro rata SO
ar as SAID proceeds will &c, that should the pro-
ceeds be sufficient to pay compts. that the over
nlus be paid 70 said Casebeer, and if said lot
should not produce enough to pay compt. that
an accountbe taken Of the said personal proper
ty 90 mortgsged -and so purchased and convert
ed by said On. Casebeer, and the said Dft. Case
beer be. ordered and decreed to pay the whole
or 80 much as may be necessary to satisfy comp.
claims and costs, and that sid Casebeer be post
poned to compts. in the said mortgaged propsr-
ty in respect to complainants prior lien and his
notice thereof, and such further relief as TO the
court shall seem meet
The said Defendants David M. Ward and
Christian CasebeeEars hereby notified that they
appear and answer plead or demur to said Bill
Of Complaint. within sixty days after the rising
ct the next term oflhe Court Of Common Pleas
to.be held, within and for said County of Tus-
earawas, or in default thereof the said bill will
be taken as confessed and decree rendered ao
cordInely.