Maumee City express. [volume] (Maumee City, Ohio) 1838-184?, 1840-01-04
The STATE OF ONO, Court of Common
Lucas county, IS. Pleas, October term
IA n 1p2o

The STATE OF ONO, Court of Common
Lucas county, IS. Pleas, October tern
IA. ID. 1889.
James w. Higgins and IN cuANcERy
Ihomas .. Doremus, IN pnrsu
Jonathan b. Marsh and ance of an or
Lewis M. Hankinson, der of sai,
James G. Talmadge and court, the sal,
Teunis Van Pelt, Ralph Clark
Charles Crosby, Sidney Smith
Morgan l.. Candle and Enos p. Clarl
Edward Scribner, Ebenezar L.
Stephen s. Chamberlain s. Williams,
William d. Bruin, Mordeca L.
John Reed Junior, Marsh, Rich.
John M. Robson, Stwell, Tho
Nehemiah Perry, mas Colder,
!Asbury Cocheron, and Joseph l..
Thomas c. Bartine, Frame, are
Charles Crosby, hereby mott
James X. Swayze and fed, that du
Caleb Swayze ring the Octo-
e. Fish, Der term 1899,
Daniel M. Wilson, of said court,
William Scott, and the complain
Daniel M. Wilson; ants filed their
James s. Sturges, bill in chance
Timothy Griffith and ry against said
FREDERICK Tyler. defendants,
vs.. setting forth
James Kinney, in substance
William St. Clair, that complain
Ralph Clark, ants are iudg-
Sidney Smith, mont creditors
Enos p. Clark, of James KIN
Ebeneze: L. Williams, ncy--that said
Mordecui j. Marsh, Kinney has no
michard Stilwen, property snb-
Thomas Calder and iect to execu
Joseph l.. Frame ton at law:
that said Kinney, on the 3Oih June, 1888,
conveyed to said st. Clair by warranty deed,
in fee simple, lot No. Z, IN Hunts addition
to Maumce, for the consideration of $6JjO,
which said deed complainants claim was IN
tended to be, and in truth, though not in
form, was deed Of trust. First, to indem-
nifty said st. Clair against certain liabilities
set forth in said bill; and secondly, in trust
for the benefit and payment of certain Gre
Gitors of SAID Kinney; that at the time of
the conveyance Of said lot, No. 7, from
Kinney TO st. Clair, the complainants were
creditors Of said Kinney: that complainants
have been and are ready and willing, and
have offered to pay off abe liability of st.
said lot No. to them, which st. Clair re-
fused to do: that Ralph Clark, Sidney
Smith and Enos P. Clark, Ebonezer l..
Williams, Mordecai l.. Marsh ana Richard
Stilwel, and Thomas Calder, pretending 10
be judgment creditors of said Kinney, fled |
their Bill against said Kinney and Others,
in said Bill nsnned, in which they set forth
various matters and things, and amongst
other things they charge, tqat the deed for
lot No. 7, from Kinney to st. Clair. is frau
dulent and void; and among other things
they pray that said deed may be decrced
fraudulent and void, that the same NAV be
cancelled and set aside; and that said lot
No. 7, may be subjected to the payment of
their said several debts: that Joseph l..
Frame, pretending to be judgment cred-
tor of said Kinney, filed his bill against said
Kinney and others in said bill named under
the bill filed by Clark and others; and com.
plainants charge; tnat as to the debt of
said Thomas Calder, and $500 of the debt
of said Frame, said Kinney did not contract
said debts on his own account, but was
merely an entorser, for which he never re-
celved any consideration, and they claim
that their debts against said Kinney ought
to be paid off fully, before any part of SAID
Saaer oeot' ana SSooo OF said frames
aeo' 1e Poiu: ana Ihey tufther charge mat
r,e 1%e aeea ol los NO. O. IRON hlnney TO ot' {
oiall was intended ioi the oeheht ana pay, {
ni lienl y, MS own credltors on oeots ne had
li,,eeh oontlac'eu' anu not on ueots nc ilaa
.on.iactea ny enuorSrns , ior o'1Grs witho"' 7
Ions'cefaton' that "illiams. Marsh q 20. S
NON III 'rusl' certain real eslate III the city
oL New YORK as c: collaterel security Tor s
lne,r uept against hihhey, ioi TIE purpose
OF oe'hs soia oy the1n' ana a'tef csatlS!ying {
the'r suia cam, tne oVerplus' II any, was {
10 oe Puid 10 sald hmhey' or sucn ei his
creu''ors US ne snouiu olrect' ana tial saia /
ren, estate Is ample security TO pay their O
salu oept .1 ngalhst hinhey: ana the prayer
Vi saio plii is' tnat lou no. may oe soid' i
anu a. the procceus lhefeoi apPhea according c
~ 1ne tfust created oy the deed from nm
ney 10 ot. Cialr' hrst 10 discharge Inc lla- j
Dllly against 81. .''alr, ana secondly, !ne {
overP,us upPhea VI Paylhent NJ oi complain t
ants ueu's'n sunioieu,' anu II hos suiiioieh',
sucb other of the cre1itors of an id Kim