The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-09-04

In 1ItE CUUNI VI GUMhON GLEAC
TUSCARAWAS COUNTY, ONO.
Jesse Burr This bill was filed on
u ala. charges that on the 30
vs. March 1887 the Defsn.
David NJ. Ward & dant, Ward was indobt
Christian Cascbeer, ed to ths Count. Burr
in the sum of$323, 90 by note dated 18th Aus
gust 1884, at , years with interest from the |
date, with Asahel Ward and William Ward Sc
curties. That said Hn Ward was also indebl !
ed 10 the Compt. UlnStead Smith u Co. in sum (
Of S4l6, rs, which was then eviden-
ed by a note drawn by Gabriel Cryder 10 SAID |
DIT. Ward or order and by him ndorsed TO the |
said Olms,ed Smith IL Co. dated 18th June
1886, that on said Both day of March 1887 said |
Defendant Ward being desrous of securing all |
said CompIanants, their said several debts, ex-
ecuted deed in due form of Law and acknowl !
edged the same, and which was recorded in the
.proper Office in I uscaraWss Ceunty on The 4th
| day of April 1887 (Which deed is exhibeed ms
part of Compt. Billy by which said Ward mort
gagged to said Complalnants Lot No. G5 in the
town Of New Philadelphia, in said county with
| all appurenances, and also SET of Blacksmhs
tools in shop on sad lot, aud all the lrou and
Coal there on hand in said shop for the security
of said debt and interest, to be sold after rea>
sonable time had elapsed after making the same,
the proceeds thereof To be divided between the
said Compts. in proportion to their respective
claims, Of which said lot the said Den. Ward
was then sozed in fee, and was possessed of
said Iron aud coal 10 the value of one hundred
dollars, that OImsed Smith n Co. should
give up to sad defendant Ward said Cryder's
note aud rely alone on said mortgage security,
and tbatby the terms ofsaid deed oflnorlgagc ol
trust. R. NJ. Artherton, solicitor ofthis court
was authorized To srlL and dispose of said pro.
perty and pay over to Cumpts. the proceeds Of
sale. That after repeated trials for that purpose
the said Artnerton could not before the 22d July
1899, sell or dispose of the same Compis aveI
their respective debts are still unpaid, said Om
sted Smith IL Co. aver that on the day of the
date of said mortgage and trust they delivered
up to saldDtt. Ward saidCryder's note and rcli-
ed alone on said mortgage security. That rea
sonabe time has elapsed since the date of said
mortgage for said Dh Ward to make payment
of SAID several sums of money and that he has
hitherto wholly refused though often requested
TO do so.
That afterwards VIZ, on 18th March 1889,
; Christian Caseheur George SluthOur ina. Tuck
) er Obtained judgement III the Court Of Cons
mon Pleas ui l'cinnut County ONO, against
SAID defendant Ward for about $l6C0 and that
shortly before 20lh June 1889 the said Casebeer
Suthour 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 proper
: tv, and on the 3Oth day Of June 1889, caused
7 the said personal property SO morigaged to be
sold by the sheriff Of Tuscdrawas County, and
9 that upon such sale the said Defendant Case5eer,
-, bid off said personal property for $40, ,26 la
and credited the same on said Judgment, and
that on 23d July 1889 said judgment Creditors
!; with full notice as aforesaid of Cumpts. equity.
caused said mortgaged lot TO be offered for sale
by said Sheriff at which sale said DIT. Casebeer
bid Off .lc same for $l72, so and credited the
i on said Judgment, that said DIT Casebeer claims
v 10 hold said personal and real estate by vlrtu,
y Of said Judgment execution and sale 10 the ex.
: clusion Of the Compts aud refuses to have com.
c painants claims first satisfied out of said mort
gagged property or TO release The same to Com
planants.
. The bill prays that Dens. answer to the mat,
ters set forth therein on their oaths and that M
= on final hearing an account he taken between
cOnpts. and dfl Ward Of the compts. severa
" claims aforesaid, that dfl. Ward he ordered tt
= pay the amount which may be found due eacl
g of said Comps .and costs of this suit and accru
r. ing costs and interest thereof, and that in de.
. fault thereof the said morgnged lot be sold nc
: cording to the statute in that case made and pro
vided, and that out of the proceeds compts b,
paid the full amOnnt Of their several debts anc
s interest and costs, and If the same should no
10 be sulficut then that they be piid pro rata SC
% far as said proceeds will 60 tliat should the pro-
/. ceeds be sufficient TO pay compis. that the over
!. plus be paid 10 said Casebeer, and if said 10
i should not produce enough to pay compt tha
!, an account be taken of the said personal prone
d ty somongaged -and SO purchased and conver
j. ed by said DIT Casebeer, and the said Dft. Cas-,
At beer be ordered and decreed to pay the Who'll,
!. or 80 much as maybe Necessary to satisfy comp
n claims and costs, andlhai said Casebeer be po,
Il .poned to compts. ID tliaaaid mongsged proper
y ty in respect TO conplainants prior lien and hi