Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1847-03-19
The State Of Ohio, Carroll county, IS.

OOIhI VI OOhilON FLEAS.
Joseph Dunbar. Abram Brothers, and Ma
ny Ann Brothers his wife 10 Chan
vs.. Gerry.
Daniel Sweany & 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. ls47, 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 complansnts,
which said bill AYERS that about the year, A. D. 1924
said Samuel Moby obtained a judgment against
George Noble, in the county Of Stark that an exc
cuton 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 stark county now in Carroll county,
to wit: Lots number flty-one 81 and fty-two 1921
in the town Of Pekin: also, one lot Of ground, part
Of the northwest quarter Of section eleven II of
township sixteen l6 Of range six 6 bounded on
the south by the town Of Pekin, the east, north,
and west by lands Of David Crumbecker, containing
four and hundred and thirty perches: also,
one two acre lot part of the quarter aforesaid de-
scribed 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 Unketer, 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 to said Mobly 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 a deed
from said sheriff for said lots and premises. Said
bill further AYERS that said James Dunbar since de-
eoacnd ,hap in Iica a1n full 70
y for said lots and premises that said contracts be-
tween said Molby and Dunbar was reduced to wri
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 this
life without having procured deed for said lots and
premises, leaving Eleanor Dunbar his widow (snce
ntermarred 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 hs lie leaving children and heirs at law
whose names and places OF residence are not
known to petitioners that said Dunbar went into
possession OF said lots and premises and remained
in possession o the same until his death, and thai
petitioners have remained in possession ever since
The complainants aver that they have good rights
as the heirs at law of said James Dunbar, deceas-
ed, 10 said lots and premises, and that they have
no legal title to the same. The prayer of the bill
ls that said Daniel Sweany and Eleanor his wife Of
Carroll county Henry Shanaielt sheriff of Stark
county, and the heirs OF Samuel Molly and George
Noble, all OF whose residences ere unknown, be
made defendants; that the writ OF subpoena issue
against them, and that they answer the same, &c,
and that on the final hearing Of this cause the sher-
if of Stark county be decreed to execute and de-
liver TO compainants deed fer said lots and pre-
misses, and for general relief. The said George No
bic and said heirs OF Samuel Moby are further no.
lifed that unless they appear and plead, answer
or demur to said bill within sixty days after the
term of said court, the said Compainants will apply
to said court 10 take the matters and things set
forth in said bill as confessed, and to decree thereon
accordingly. ECKLEY DAVIS,
Solicitors for complainants.
March l2, 1s47-22-6t. Pr. fee $40 So