The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-09-18
I'm (hancery,
IN THE COURT OF COMMON PLEAS
-TUsCARAWAS COUNTY. OHIO.

| -huSCAhAWAS COUNTY, OHIO.
JfssS Sss,I bGGr ln. fhis 81 bill Nv, wa; filed o,
g. ais. charges that on the 81
VS. March 1897 the Defsn
David NJ. Ward & dant, Ward was indeb
Christian Cascbeer, ed to the Como,. Bur
IN the sum $323, 80 by a note dated 18th Au,
gust 1884, at 2 years wiih interest from the
date, with AsaheI Ward and William Ward se-
curties. That said,Dh. Ward was also indebt
edtothe COmpt. Ulmslead Smith Il Co. in sum
Of S4l6, Is, which was then eyiden-
ed by note drawn by Gabriel Cryder 10 SAID
Df. Ward or order and by him ndorsed to the
said Olusted Smith d Co. dated 18th June
1886, that on sud Goth day Of March 1887 said
Defendant Ward being desirous of securing all
said COmPlainants, their said several debts, exe
ecuted deed in 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 exhibeted as
part of Compt. Billy by which said Ward mort
gagged TO said Complainanls Lot No. G5 ip the
town of New Philadelphia, in said county with
all appurtenances, and also set Of BIacksmirhs
tools in shop on said lot, and all the Iron and
Coal there on hand in eaid shop for the security
Of said debt aud interest to be sold after a rea-
sonable time had elapsed after making the same,
the proceeds thereof to be divided between the
said Compts. III proportion totheir respective
claims, Of which said lot tko.raid Den. Ward
was then siezed in fee, and was possessed of
said Iron aud coql TO the value Of one hundred
dollars, that Olmsted Smith d Co. should
give up to SAID defendant Ward said Cryder's
note and rely alone on said mortgage security,
and tbatby the terms Orsaid deed utlnortgape or
trust. B NJ. ArIherton, II solicitor oi'this court
was authorized to sclL and dispose of SAID pro,
perty and pay over TO Co rpts. the proceeds Of
sale. That after repeated trials for that purpose
he said Artner0n could not before the 22d july !
1883, sell or dispose Of the sane. COMMITS. aver |
leir respective debts are still unpaid, said OInl |
led Smith & ca. aver that on the day of the |
late of said mortgage and trustthey delivered |
~ to,saidiht. Ward ssidCryder's note and reli- |
ID alone on said mortgage security. That rea
enable time has elapsed since the date of said |
mortgage for said Dii. Ward 10 make paymsrt |
If said several sunis Of money aud urat he has !
hitherto whuiiy refused though olteu requested |
o do so.
That afterwards viz, on 18th Starch 1889, |
Christian Casebeer George SluthUur ina. Tuck I
II Ubtained judgement III the Court of Com.
non Pleas of Belmont County Ohio, against
ald defendant Ward for about $1,000 and iha,
hortly before 2tltb June 1889 the said Casebeer
'lhthour and Tucker, well knowing t,.e prior
len of the Compls' and well acquainted with
facts caused an exe,uhon on said
lfstnent 10. he levied on said mortgaged proper
V, aud OIL the 3llh day of June 1899. caused
1e said personal property SO mortgaged to be,
old by the sheriff Of 1lscarawRs County, and
hat upon such sale the said Defendant Case5cer,
I'd of said personal properly for SAC, 90 Id
nd credited the same oil said judgment, and
nat on 23d July 1889 said judgment Creditors
7itlI full notice as aforesaid Of Compts. equity.
aused said niortgaged lot to be offered for sale
y said Sheriff at which sale said DIT. 'Casebeer
i'd off !he same for $472, 80 and credited the
n said Judgment that said Dff. Casebeer claims
hold said personal and real eslate BY virtue
I said judgment execution and sale TO the ex,
luson Of the Compts. and refuses 10 have COM
lainants claims first satisfied out of said mort
aged property or 10 release lie same to Com
ialDants.
The biilsprays that Dens. answer to the mat
,rs set forth therein on their oaths and that up!
n final hearing an account be taken between
om2ts. and dfl. Ward Of The compts. several
Iams aforesaid, that dh. Ward he ordered 10
ay The amount which may be found due each
said Compls. and costs of this suit and accru.
,g costs and interest thereof and that in de-
mt thereof the said mortgaged lot be sold ac-
ording TO the statute in that case made and pro.
iaed, and That out Of the proceeds comprs be
aid the full amonni of their several debts and
itcreat and costs, and If the same should not
a suficint tbeh that they be raid pro rata 80
II as sard proceeds will 80, thai hould the pro-
eeds be sufficient to pay comp. thatthe over
lus be paid TO said CasebeeI, and if said lot
aoud not produce enough to pay compt. that
q account be; taken Of tie said personal proper
: 90 mortgaged -and SO pprchaeed and convert
! by said DIT Casebeer, and the said Dti. Case
eer be ordered and decreed TO pay the whole
80 much as may be necessary to satisfy comp.
aims and costs, and that said Casebeer be nos
oned to compts. in the said u origsged proper
in respect TO complainants rrior lien and his
The said Defendants Davii M. Ward and
'hristian Casebeer ure hereby notified that they.
opear and answer plead or demur to said BjT
Complaint. within sixty day. alier the rising
the next term ofthe Court Of Common Pleas
be hsfd, within and for said County of 1'us-
lrawas, or in default thereof the said bill will
Iaken az confessed aud decree rendered &C
'rdlnely. ... - |,
B. M. .ATHER TON,
oo, CompL Solr. L