Maumee City express. [volume] (Maumee City, Ohio) 1838-184?, 1840-01-11

THB STATE OF ONO, Court of Common
Lucas county, IS. Pleas, October term
A. ID. 1885,.
James w. Higgins and YIN cuANcERy.
Thomas S. Doremus, IN pnrsu.
Jonathan B. Marsh and ance of an or,
Lewis M. Hankinson, der of said
James G. Talmadge and court, the said
Teunis Van Pelt, Ralph Clark,
Charles Crosby, Sidney Smith,
Morgan l.. Cande and Enos P. Clark
dward Scrbner, Ebenezar l..
Stephen s. Chamberlain s. Williams,
William ID. Bruin, Mordecai l..
John Reed Junior, Marsh, Rich
John M. Robson, Stilwell. Tho
Nehemiah Perry, mas Colder,
Asbury Cocheron, and Joseph L..
Thomas G. Bartine, Frame, are
Charles Crosby, hereby not,-
James X. Swayzc and fed, that du
Caleb Swayzc ring the Octo-
II. flsh, 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 Grlihth and ry against said
Frederick Tyler. defendants,
VS.. setting forth
James Kinney, in substance
William St. Clair, that complain
Ralp Clark, ants are iudg-
Sidney Smith, ment creditors
Enos P. Clark, of James KIM
Ebeneze: L. Williams, ncy.-that said
Mordeca j. Marsh, Kinney has no
Richard Stilwe, property snb-
Thomas Calder aud ject IL execu-
Joseph l.. Frame tion at law:
that said Kinney, on the 3Oth June, 1888,
conveyed to SAID st. Clair by warranty deed,
in fee simple, lot No. 7, IN Hunts addition
to Maumce, for the consideration of $3.50,
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
6itors of SAID Kinney; that at the time of
the conveyance Of SAID lot, No. Z, from
Kinney TO st. Clair, the complainants were
creditors Of said Kinney: that companants
'o'S bSOh uuu uiC lCuuJ Nlllllg. anu
have offered to pay off abe liability of St.
Clair, provided SAID St. Clair would convey
said lot No. to them, which st. Clair re-
fused to do: that Ralph Clark, Sidney
Smith and Enos P. Clark, Ebcnezer l.
Williams, Mordecai l.. Marsh ana Richard
Stilwell, and Thomas Calder, pretending to
be judgment creditors of said Kinney, fled
their Bill against said Kinney and others,
in said Bill named, 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
ju,ent and void; and among other things
they pray that said deed may be dccrecd |
fraudulent and void, that the same may 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 credi-
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 enLorser, for winch he never re-
ccived any consideration, and they claim
that their debts against said Kinney ought
to be paid off fully, before any part of SAID
Calders debt, and $500 Of said Frames
debt be paid: and they further charge that
the deed of lot No. from Kinney to st.
Clair was intended for the benefit and pay
nent of his own creditors on debts he had
b;n,SnIf q nfn nl opI ~ Johtp ba bnl
by endorsing for others without
that Williams, Marsh & Co.
hold, in trust, certain real estate in the city
Of New York, as collateral security for
their debt against Kinney, for the purpose
of being sold by them, and after satisfying
their SAID claim, the overplus, if any, was
to be paid to said Kinney, or such OF his
creditors as he should direct, and that SAID |
real estate is ample security to pay their
said debt against Kinney. And the prayer
Of said bill is, that lot No. may be sold,
ana the proceeds thereof applied according
10 the trust created by the deed from Kin
ney to St. Clair. first to discharge the la-
bllty against St. CLAIR, and secondly, the
overplus applied in payment of complain
ants debts, if sufficient, and if not sufficient,
then to be distributed amongst them and
such other of the creditors of said Kin
ney,as are embraced or intended to be embra-
ced in sad deed of trust in proportion TO
their several demands-that the claims of
Marsh s. Co., excepting any bal
lncc that may be due after applying the
property they hold in the city of New York
and tie debt of Thomas Calder-and SO
much of the debt of the said Frame as was
for the endorsement of said Kinney, be de
ferred and postponed to the claims of the
and others embraced in the
deed of trust from Kinney to St. Clair; and
for general relief. And the said Ralph
Clark, Sidney Smith and Enos P. Clark,
Ebenezer l.. Williams, Mordecai L. Marsh
Richard Stilwell Thomas Calder and Jo-
seph L. Frame are further notified, that
unless they appear and plead, answer or de-
mur to said bill within sixty days after the
next term of said court, the complalnants,
at the term next after the expiration of said
sixty days, will apply to said court to take
the matters and things charged in said bill
rs confessed, and decree thereon accord
ingly. N. RArHBuN,.
Solicitor for Compiaindn's.
Dec, 7, 36t6