Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1847-03-26
The state Of Ohio, Carroll county, -.

COURT OF COMMON PLEAS.
Joseph Dunbar, Abram Brothers and Ma
ry Ann Brothers his wife In Chan
VS.. Gerry.
Daniel Sweany g. Eleanor his wife, ct ais
George Noble, and the heirs of Samuel Mobly, de-
ceased will take notice that the 9Th day of March
A. d. l547, Joseph Dunbar, Abram Brothers and Ma
ry Ann his wife, filed in the Office Of the clerk Of the
court of common pleas in and for the county Of Car
ROLL their petition in chancery, against Daniel Swea-
nv and Eleanor his wife of Carroll county Henry
Shanafelt sheriff of Stark county, George Noble, and
the heirs of Samuel Mobly, deceased, whose names
and residences are unknown to said compainants,
which said bill AYERS that about the year, A. D. 1924
said Samuel Mobly obtained Judgment against
George Noble, in the county of Stark, that an exc
cution was issued on said Judgment that the sheriff Of
said Stark county, by virtue of said execution levied
on the following real estate as the property Of said
Noble (then in stark county in Carroll county,
to wit: Lots number fity-one l5l and fifty-two 52l
in the town of Pekn; also, one lot Of ground, part
of the northwest quarter of section eleven III OF
township sixteen Ll6l of range six 81 bounded on
the south by the town Of Pekin the east, north,
and west by lands of David Crumbecker, containing
four acres and hundred and thirty perches also,
one two acre lot part Of the quarter aforesaid, de-
scribed as follows to wit bounded on the south by
the south line of said section on the east and north
| by lands of George Baughman, and on the west by
lands of Frederick Unkefer, containing two acres
and two perches. The bill charges further that said
sheriff advertised and sold said lots and premises as
the statute in such cases directs to said Samuel Mob
", that before deed was made to said Moby by said
sheriff in pursuance of said sale, the said Molby sold
said lots and premises to James Dunbar, father Of
complainant that Mobly never did receive deed
from said sheriff for said lots and premises SAID
bill further AYERS that said James Dunbar since de-
ceased when in life made full payment to said Mob
y for said lots and premises, that said contracts be-
tween said Molby and Dunbar was reduced to wr
ting and that said written agreement has been lost
destroyed The bill further AYERS that about the
year, A. D. 1928, said James Dunbar departed thii
life without having procured deed for said lots ant
premises, leaving Eleanor Dunbar his widow (sinct
ntermarried with Daniel Sweany) and your petition
er his heirs at law and legal representatives. Salt
bill further AYERS that about A. D. 1888, said Mobll
departed this life leaving children and heirs at law
whose names and places of residence are no
: known to petitioners; that said Dunbar went init
possession of said lots and premises and remained
in possession Of the same until his death, and tha
petitioners have remained in possession ever since
The complainants aver that they have good right
as the heirs at law Of said James Dunbar, deceas
ed, to said lots and premises, and that they hav
no legal title to the same. The prayer of the b
Is, that said Danlel SWeahy ana Eleanor nus VINE {
Carroll county, Henry Shanafelt, sheriff of Star
, county, and the heirs oil Samuel Molly and Georg
Noble, all of whose residences are unknown, b
made defendants that the writ Of subpoena issu
) against them, and that they answer the same, 6c
and that on the final hearing Of this cause the she
ff of Stark county be decreed to execute and d.
I liver to complainants deed fer said lots and PR
misses, and for general relief. The suid George Nt
bic and said heirs OF Samuel Molly are further ne
tilted that unless they appear and plead answe
or demur to said bill within sixty days after the mex
term Of said court, the said compainants will aPPl
to said court TO take the matters and things Sc
forth in said bill as confessed, and to decree thereo
accordingly. ECkLEf DAVIS
Solicitors for complainanls.
March 10 tp41-o2-6t Pr fee $40 so.