The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-08-28
I'm Chancery,
IN THE COURT OF COMMON PLEAS
TUSCARAWAS COUNTY. OHIO.

IL ais. charges that on the so
vs. } March 1887 the Delhn.
David NJ. Ward & dant, Ward was indnbt
Christian Cascbeer, } ed to the Comol. Burr
IN the sum of$S23, 80 by cote dated 18th Au-
gust 1884, al : years with interest from the
date, with Asahel Ward and William Ward se-
curities. That said DiL. Ward was also mdebl
ed TO the Cumpt. Olnstead Smith Il Co. in sum
Of S4l6, l6, which was then eyidell-
ed by note drawn by Gabriel Cryder 10 SAID
DIT. Ward or order and by him indorsed 10 the
said Olnsted Smith & Co. dated 18th June
1886, that on said 30th day OF March 1887 said
Defendant Ward being desirous Of securing all
said Complalnants, their sud several debts, ex-
ecuted deedin due form Of Law and acknowl
edged the same, and which was recorded in the
proper office in Tuscarawas County on the 4th
day of April 1887 (which deed is exhibsted as
part of Compt. Billy by which said Ward mort
gagged to said COmplaInants Lot No. 65 in the
town of New Philadelphia, in said county with
all appurtenances, and also a SET Of Blacksmilhs
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-
sonable time had elapsed aterInaking the same,
the proceeds thereof 10 be divided between the
said Compts. in proportion TO their respective
claims, Of which said lot the said Deil. Ward
was then siezed in Zee, and was possessed OF
said Iron aud coal 10 the value Of one hundred
dollars, that Olmsted Smith u Co. should
give up to SAID defendant Ward said Cryder's
note aud rely alone on said mortgage security,
and that by the terms ofsaid deed ofnortgage or
trust. D. M. Arlherton, solicitor ofthis court
| xuop Ihrr yoI ,on md dicnOca of SAID
perty and pay over TO Compts. the proceeds Of
sale. That after repeated trials for that purpose
| the said Artnerton could not before tue 22d July
1899. sell or dispose Of the same. Compts' aver
their respective debts are still unpaid, said Ohm
sted Smith Il Co. aver that on the day of the
date of said mortgage and trust they delivered
up TO saidDit. Ward saidCryders note and reli-
ed alone on said mortgage security. That rea
sonahle time has elapsed since the date of said
mortgage for said Dn. Ward to make paymort
of said several sums of money and that he has
hitherto wholly refused though oilen requested
to do SO.
That afterwards viz, on 18th March 1889,
Christian Casebeer George Sluthour. ina. Tugk
er obla inod judgement IN the Court of CONS
| mon Pleas of Belmont County Ohio, against
SAID defendant Ward for about $1,000 and that
shortly before Doth 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 morgaged proper
tv, and on the 30th day of June 1899, caused
The said personal property SO mor,gaged to be
sold by the sheriff of 1uscarawas County, and
that upon such sale the said Defendant Case5eer,
| bid off said personal property Tor $780, ,26 Ia
and credltsd the same on snid judgment, and
that on 23d July 1889 said judgment Creditors
with full notice as aforesaid of Compts. equity,
| caused said mortgaged lot TO be offered for sale
| by said Sheriff at which sale said DIT. Casebeer
bid off .he same for s3472,5 so and credited the
on said Judgment, that said DIT. Casebeer claims
to hold said personal and real estate by virtue
| of said Judgment execution and sale 10 the ex,
cluson of the Compts. and refuses to have com
plainauts claims first satisfied out of said mort.
Saged property or 10 release the same tp Com
panants.
The bill prays that Delts. answer to the mat
ters set forth therein on their oaths and that up
on final hearing an account be taken betwee,
com2ts. and DIT Ward Of the ,eempts. severa
claims aforesaid that DIT. Ward he ordered IL
pay tl0 uiilouht "HlCH may W. iouhu uuO UuN'
of said Compts and costs of this suit and accru
ing costs and interest thereof, and that in de.
fuLt thereofthe said mortgaged lot be sold ac'
cording TO the statute in that case made and pro
vided, and that out of the proceeds -compls. b
paid the full amonnt of their several debts AM
interest and costs, and If the same should no
be sufficient thel that they be paid pro rate 8
far as SAID proceeds will 60, that should the pro
ceeds be sufficient to pay compts that the over
plus be paid TO said Casebeer, and if said lG
should not produce enoughto pay compt. tla
an account be taken of the said personal prope
ty 30 mortgaged -and so purchased and CONVEX
ed by said Dfl. Casebeer, and the said Df Cas-
beer be ordered and decreed 10 pay the Who'll
or so much as may be necessary to satisfy comp
claims and costs, and that said Casebeer be pos
poned to compts. in the said mortgaged proper
ty in respect to compliments prior lien and hi
nOtice thereof, and such further relief as 10 tn
court shall seem meet.
The said Defendants David M. Ward an
Christian Casebeer are hereby notified that The
appear and answer plead or demur to said hi
of Complaint. within sixty days after the risin
Of the next term of the Court of Common Plea
to be held, within and for said County of Tus
carawas, or in default thereof the said bill wi
be taken as confessed and decree rendered q
cordIngIy. %{aFsas&g
B. M. ATIIERTON,
| Compt. Solr.
July Goth 1910, CIV.
lHu00T, EARNING