The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-09-11
In Chancery.
In THE COURT OF COMMON PLEAS
TUSCARAWAS COUNTY, OHIO.

Jesse Burr This bill was fled on
Henry Olmstead, Sthe 9Th May 1870 and
g. ais. charges that on the 80
VS. March 1887 the Defan.
David NJ. Ward & dant, Ward was indebt
Christian Cascbeer, ed to the Como.. burr
IN the sum Or$323,2S by a note dated 18th Al.
gust 1884, al years with interest from the
date, with Asahe Ward and William Ward Se-
curities. That said Dr. Ward was also o'indsbl
ed to the CumpL Olmstead Smith & Co. in sum
of S4l6, l6, which was then eyidrn-
ed by note drawn by Gabriel Crydsr 10 SAID
Dh. Ward or order and by him indorsed to the
said Olmsted Smith & Co. dated 18th June
1886, that on said Both day of March 1887 said
Defendant Ward being DESTROYS of securing all
said Compliments, their said several debts, ex.
ecuted deed in due form Of Law and acknowl
edged the same, and which was recorded in the
proper officein Tuscarawas County on the 9TH
day Of April 1887 (which deed is eKhibeted as
part of Compt. Billy by which said Ward mort
gagged to said CumplaInants Lot No. Us in the
town Of New Philadelphia, in said county with
all appurlenances, and also a sci of BIacksmilhs
tools in shop on said lot. anG 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 TO be divided between the
said Compts in proportion 10 their respective
claims, Of which said lot the said Def. Ward,
was then siezed in fee, and was possessed Of
said Iron and coal to the value Of one hundred
dollars, that 0lmsted Smith q Co. should
give up to said defendant Ward said cryder's
note and rely alone on said mortgage security,
and that by the terms ofsaid deed ofinortgaee or
trust. b. NJ. Artherton, solicitor oftlis court
was authorized to sell and dispose Of SAID pro.
perty and pay over to Compts. the proceeds Of
sale. Thar aiier repealed trials for that purpose
the said ArlDerlon could not before the 22d July
1889. sell or dispose Of tlesame. Compis aver
their respective debts are still unpaid said Olnl
sted Smith & Co. aver that on the day of the
date of said mortgage and trust they delivered
up 10 saldDit Wand saidCryder's note aud reli.
ed alone on said mortgage security. That rea
sonable lime has elapsed since the date of said
mortgage for said Df. Ward to make pa, mer I
of SAID several sums of money and that he has
hitherto wholly refused though oftea requested
/ to do so.
That afterwards viz, on 18th March 1889
Christian Casebeer George Sluthour ina. Tuck
or obtained 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, we'll knowing the prior
lien Of the Compts. and well acquainted with
theprsceeding facts caused an execution on said
Judgment to be levied on said mortgaged proper
ty, and on the Both day of June 1889, CAUSED
the said personal property so mortgaged to be
sold by the sheriff of Tuscarawas County, and
that upon such sale the said Delendunt Casebeer,
bid off said personal property for sac, ,26 la
and credited the same on said Judgment and
that on 23d July 1889 said judgment Creditors
with full notice as aforesaid of Compts. equity
caused acknowledged lot to be offered for sal,
BY said Sheriff at which sale said DIT. Casehee
Ibid off the same for $472,50 and credited tn,
on said Judgment that said DA. Casebeer claim
to hold said personal and real estate by vlrtu,
of said Judgment execution and sale TO the ex
: clusioD Of the Compts. and refuses to have com
plainants claims first satisfied out of said mort
gagged property or to release the same to Com
plainants. ~ .,.,.r,.,,a,
The bill prays that Defts. answerto TO the uia
ters set forth therein on their oaths and that nj
; on final hearing an account be, taken betwee
; oom2ts. and dft. Ward Of the compts. sever
claims aforesaid, that df. Ward be ordered I
pay the amount which may be found due eac
of said Compts land costs of this suit and accru
ing costs and interest thereof, and that in de
fault thereof the said mortgaged lot be sold ac
, cording to the statute in that case made and prc
lvided, and that out of the proceeds compts.
paid the full amOnnt Of their several debts an
interest and costs, and If the same should M
be sufficint then that they be paid pro rata g
TAR as said proceeds will go, that should the pre-
, ceeds be suficentto to pay compts. that the owe
plus be paid TO said Casebeer and if said i
should not produce enough to pay compt. tn
an account be taken of the said personal prop,
ty 90 mortgaged land SO purchased and conve
ed by said DIT. Casebeer, and the said DA. Cat
beer be ordered and decreed to pay the who
or 80 much as may be necessary to satisfy conn
claims and costs, and that said Casebeer be pt
poned to compts. in the said mortgsged prope
ty in respect to compainants prior Een and h
Il The said Defendants David M. Ward ar
Christian Casebeer are hereby notified that the
: appear and answer plead or demur to said B
n Of Complaint. within sixty days after the risir
Q Of the next term of the Court Of Common Ple
Y TO be held, within and for said County of T'u
II carawas, or in default thereof the said bill wi
be taken as confessed and decree rendered ,
cordlngly.
il B. M. ATHERTON,
u Compt Solr.
July 29th 1910, CIV. i.