Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1847-04-16
Wednesday the ash day Of April, l
The state of Ohio, Carroll county, S.
COURT OF COMMON PLEAS.
Joseph Dunbar, Abram Brothers,and Ma
ry Ann Brothers his wife In CHI

]
Joseph Dunbar, Abram Brothers,and Ma
Try Ann Brothers his wife In Chan
vs.. Gerry.
Daniel Swcony & Eeanorhis wife, ct ais
George Noble and the heirs of Samuel Mobly, de-
ceased, will take notice that the Sth day of March
A. ID. S47, 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-
ny and Eleanor his wife of Carroll county, Henry
Shanalelt 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 MobIy 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 Chen in tark county now in Carroll county,
to wit Lots number flty-one 81 and tilty-two 59I
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 Is 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-
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 BOughman, and on the west by
lands of Frederick UnkeIer, containing two acres
and two perchcs. 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
w. that before a deed was made to said Mobly by said
sheriff in pursuance of said sale, the said Molby sold
said lots aud premises to James Dunbar, father of
complainant, that Mobly 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 lie, made full payment to said Mob
y for said lots and premises that said contracts be-
tween said Molby and Dunbar was reduced to wn
ting and that said written agreement has been lost
destroyed, The bill further AYERS that about the
year, A. ID. 1928, said james Dunbar departed this
life without having procured deed for said lots and
premises, leaving Eleanor Dunbar his widow (sinCe
ntermaried with Daniel Sweany) and your petition
er his heirs at law and legal representatives. Said
bill further AYERS that about A, ID. 1888, said Mobly
departed tins lite leaving children and heirs al law
whose names aud 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 untl his death, and that
petitioners have remained in possession ever since.
The complainauls aver that they have good rights
az the heirs at law Of said James Dunbar, deceas-
ed to SAID Ots aud premises, and that they have
no legal IIte TO the sume, The prayer OF the bill
~, that said Daniel Sweany and Eleanor his wife Of
Carroll county, Henry Shaualclt, sheriff of Stark
county, and the heirs oI Samuel Molly and George
Noble, all OF whose residences ere unknown, be
made detendantsi that the writ OF subpoena issue
against them, and that they answer lhesame, &C..
and that on the final hearing Of this cause ihe sher.
III Of Stark county be decreed 10 execute and de-
liver to compIainanls deed ior said lots and pre-
mses, and Tor general relief. The said George No.
be aud said heirs OF Samuel Molly are further no.
lifed hat unless they appear and plead, answer
ordenlur to said bill within sixty days after the nexl
term OF said court the said comPlainants will apply
to said court to take The matters and things sci
forth in said bill as confessed, and decree thereon
accordingly. ECKLEY DAVIS,
Solicitors for complainants,
March IL, %7-22-6t. Fl. fee $40 So