The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-08-14
I'm Chancery,
IN THE COURT OF COMMON PLEAS
TUSCARAWAS COUNTY, OHIO.

Henry 0lmstead, Sthe 9Th May lS40 and
& ais. charges that on the 30
vs. lMarch 1887 the Delsn.
David M. Ward & dant, Ward was indebt
Christian Cascbeer, ed to the Comot. Burr
IN the sum of$39S, 90 by note dated 18th Au-
gust 1884, at2 years with interest from the
date, with Asahel Ward and William Ward se-
curities. That said DIT. Ward was also indebt
ed 10 the Compt. Olmsead Smith 4 Co. in sum
Of S4l6,l6, which was then eviden-
ed by note drawn by Gabriel Cryder 10 SAID
DIT. Ward or order and by him indorsed TO the
said Olmsted Smith q Co. dated 18th .JuDe
1886, that on said Both day of March 1887 said
Defendant Ward being desircus Of securing all
said Compainants, 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 Tuscarawas Ceunty on the 4th
day Of April 1887 (which deed isexhibeted as
part of Compt. Billy by which said Ward mort
gagged to said Cnmplanants Lot No. IS in the
town of New Philadelphia, in said county with
all appurtenances, and also SET of Blacksmilhs
tools in shop OIL 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 after making the same,
the proceeds thereof 10 be divided between the
said Compts. in proportion to their respective
claims, of which said lot the said Deit. Ward
was then siezcd in fee, and was possessed Of
said Iron and coal 10 the value of one hundred
dollars, that Omsted Smith & Co. should
give up 10 SAID defendant Ward said Cryder's
note and rely alone on said mortgage security,
and by the terms ofsaid deed "tmortgaqeo q.
trust. B. NJ. Arlherton, a 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 Artnerton could not before tue 22d July
1889. sell or dispose of the same. Compts' aver
their respective debts are still unpaid, said Ohm
sted Smith & Co. aver that OF the day of the
date of said mortgage and trust they delivered
up 10 saldDh. Ward saidCryder's note and reli-
ed alone on said mortgage security. That rea
sonahe time has elapsed since the date of said
mortgage for said Df. Ward to make payment
Of SAID several sums of money and that he has
hitherto wholly refused though oiten requested
to do 30.
That afterwards viz, on 18th March 1889,
Christian CGseheer George Sluthour ina. Tuck
or Obtained a Judgement IN the Court of Comr
mon Pleas of Belmont County Ohio, against
SAID defendant Ward for about $1,000 and ,ha,
, shortly before Goth June 1889 the said Casebee,
Sluthour and Tucker, well knowing the priol
lien Of the Compts. and well acquainted with
, thepreeeeding facts caused an execution onsair
Judgment to be levied Oh said mortgaged pr ope
ty, and on the 3Olh day of June 1899, causec
the said personal property SO morlgaged to b.
i sold by the sheriff of 1uscarawas County. an,
tl,at upon such sale thesaid Defendant Case5eer
bid off said personal property for $40, ,26 l.
aud credited the same on said Judgment, an
that on 23d July 1899 said judgment Creditor
y with full notice as aforesaid of Conpts. equity
caused said mortgaged leiv-v--,e offered for sal
by said Sber.n at which sale said Diff. Casebe,
Il DId off .he same for $472, so and credited Ill
on said Judgment that said Dft. Casebeer claim
to hold said personal and real, estate by vlrtu
. Of said Judgment execution and sale TO the es
10 clusion Of the Compls and refuses to have cor
III painants claims first satisfied out of said mort
r Saged property or TO release the same TO Com
ol pIa'nants.
VI The bill prays that Defls. answer 10 the ma
r ters set forth therein on their oaths and that u
" on final hearing an account be taken betwet
h., compts. and dit. Ward Of the compts. sever
"s " claims aforesaid, that diff. Ward he ordered
20, pay the amount which may he found due ca,
'o Of said Compts.and costs of this suit and accr
'' ing costs and interest thereof, and that in d
auh thereof the said mortgaged lot be sold a
cordng to the statute in that case made and pr
vded, aud that out of the proceeds compis
ror paid the full amonnt of their several debts al
Ic. interest and costs, and If the same should n
Of be suficnt theh that they be paid pro rata
Ii. far as SAID proceeds will 60, that should the pr
,ss ceeds be sutiicentto pay compts. that the ovt
,d plus be paid 10 said Casebeer and if said
he should not produce enough to pay compt. II
he an account be taken of the said personal pror
h ty go morgaged -and so purchased and COW,
,cb ed by said Dll. Casebeer, and the said D0. Ca
,ia beer be ordered and decreed to pay the VIII,
ILL., or 80 much as may be necessary to satisfy con
ms claims and costs, and that said Casebeer be pt
avs poned to compts. in the sail mortgsged prop,
nd y in respect to companants prior lien and
Tig OOlce thereof, and such further relief as 10
re. court shall seem meet
val The said Defendants David M. Ward O
,ile Christian Casebeer IRE hereby notified that Il
md appear and answer plead or demur to said
Use of Complaint. within sixty days after the rs
Of the next term the Court Of Common PI
~ to be held, within and for said County of Il
h., carawas, or in default thereof the said bill '
bo, be taken as confessed aud decree rendered
hat @ cordln2ly.
npt B. M. ATIIERToN,
I'm. Compt. Solr.
ra. J,,l,, O6tL JQAn g..