Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1847-04-30

OOUhl Vt OOMNON PLEAS.
Joseph Dunbar Abram Brothers,and MAJ
ry Ann Brothers his wife In Chan
vs. Gerry.
Daniel Sweauy e. Eleanor his wife, ct ais
George Noble, and the heirs Of Samuel Oiobly, de.
ceased will take notice that on the Sth day Of March
A. d. ls47 Joseph Dunbar, Abram Brothers aud 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-
ny and Eleanor his wife of Carroll county, Henry
Shanafet sheriff of Stark county, George Noble and
the heirs of Samuel Mobly, 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
cution was issued on said judgment, that the sheriff of
said Stark county, by virtue of said execution levied
on the following real estate the property of said
Noble (then in tark county now in Carroll county,
to wit Lots number flty-one 5ll and fifty so /
in the town Of Pekn also, one lot of ground, part
of the northwest quarter Of section eleven of
township sixteen ll6l of range six g. 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 lot, part Of the quarter aforesaid de-
scrbed 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 Unke(er, 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 directs to said Samuel Mob.
ly, that before deed was made 10 said obly by said
sheriff in pursuance e said sale, the said oby sold
said lots and premises to James Dunbar, father of
complainant, that Aobly 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 life made full payment to said OBJ
y for said lots and premises, that said contracts be-
tween said Molly 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
intermarricd with Daniel Sweany) and your petition
er his heirs at law and legal representatives. Said
bill further AYERS that about A. D. 1898, said Nobly
departed thls lie leaving children ana heirs atl law
whose names aud places Of residence are nol
known to petitioners; that said Dunbar went into
possession Of said lots and premises and remained
in possession ol the same until his death, and that
petitioners have remained in possession ever since
! lhe Conplainans aver that they have good rights
as the heirs at law Of said James Dunbar, deCeas-
ed to said los and premises, and that they have
no legal title 10 lh" same. The prayer Of the till
Is, that said Daniel Sweany and Eleanor his wifeo
Carroll county, Henry Shanalelt, sheriff of Stark
county, aud the heirs or Samuel Molly and George
! Noble, all OF whose residences IRE unknown, be
made defendants that the writ oil subpoena issue
against them, and that they answer the same, &c,
and that on the final hearing OF this cause the sher-
1T Of Stark county be decrcPd to execute and de-
liver 10 compIanants deed icr said lots and pre-
misses, and for general relief The said George No
be and said heirs OF Samuel MobIy are further no.
uiied that unless they appear and plead, answer
demur to said bill within sixty days after the next
term OF said court, the said complainanls will apply
to said court 10 take the matters and things sci
forth in said bill as confessed, and to decree thereon
accordingly. ECKLEY Il DAVIS,
Solicitors for compainants.
March IL, Z7-22-6t Pr fee $40 so.