Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1847-03-12
The State of Ohio, Carroll county, ss.
COURT OF COMMON PLEAS.

Joseph Dunbar, Alvan Brothers, and Ma.
ry Ann Brothers his wife In Chan
vs. cery
Daniel Sweany G. Eleanorhis wife, ct ais
George Noble, and the heirs Of Samuel Mobly, de-
ceased, will take notice that the 9Th day of March
A. D. ls47, Joseph Dunbar, Alvan Brothers and Ma
Try 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-
ny and Eleanor his wife of Carroll county, Henry
Shanefet sheriff Of Stark county, George Noble and
the heirs Of Samuel Gobly, deceased, whose names
and residences are unknown to said complanants,
which said bill AYERS that about the year, A. D. 1924
said Samuel Mobly obtained a Judgment against
George Noble in the county OF Stark, that an exc
cuton 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 now in Carroll county,
to wit: Lots number flty-one 81 and fty-two f52
in the town Of Pekin: also, one lot of ground part
Of the northwest quarter Of section eleven III of
township sixteen l6 Of range six 6 bounded on
the south by the town of Pekin, on the east north
and west by lands of David Crumbecker, containing
four acres and one hundred and thirty perches also
one two acre lot part of the quarter aforesaid, de-
scrbed as follows, to wit: bounded on the south bv
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
ly, that before deed was made to said obly by said
sheriff in pursuance Of said sale the said Molby sold
said lots and premises to James Dunbar, father of
complainant that obly never did receive a deed
from said sheriff for said lots and premises Said
bill further AYERS that said James Dunbar since de-
ceased, when in liie made full payment to said Hob-
y for said lots and premises that said contracts be-
tween said Holby and Dunbar was reduced to wri
ting and that said written agreement has been lost or
destroyed The bill further AYERS that about the
year, A. D. 1928, said James Dunbar departed this
life without having procured deed for said lots and
premises, leaving Eleanor Dunbar his widow (since
intermarried with Daniel Sweany) and your petition
er his heirs at law and legal representatives Said
bill further AYERS that about A. D. 1888, said Mobly
departed this lie leaving children ana hes at Ia ~
whose names and places OF residence are not
known to petitioners; that said Dunbar went into
possession Of said lots aud premises and remained
in possession OF the same until his death, and that
petitioners have remained in possession ever since.
The cnmplananls aver that they have good rights
as the hers at law OF said James Dunbar, deceas-
ed to said los and premises, and that they have
| no legal title IN tho same The prayer of the hill
Is. that said Daniel Sweany and Eleanor his wife OF
Carroll county, Henry Shunrirlt, sheriff of Stlrk
county, and The heirs Of Samuel Mo- ly and George
Noble, all OF whose residences are unknown, be
made defendants; that the writ OF suhpe issue
against them, and that they answer the same, &c,
and that on the final hearing Of this cause the sher.
iff Of Stark county be decreed to execute and de.
liver to compainants deed Tor said lots and pre-.
misses, and Tor general relief The said George No.
BILE aud said heirs OF Samuel Molly are further no.
tlted that unless they appear and plead, answer
IpDmF n said hill Xri it,in nsiy III
term of said cour, The said coniplainants will appl,
to said court TO take The matters and things sci
orth in said bill as confessed, ard to decree thereon
accoid nglY. ECKLEY & DAVIS,
Solicitors for complananis.
March 10, IFt7-22-st. Pr. fee $40 so.