Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1847-05-07
The state OF Ohio, Carroll county, S.

COURT OF COMMON PLEAS.
Joseph Dunbar Abram Brothersand MAJ
ry Ann Brothers his wife 10 Chan
VS.. Gerry.
Daniel Sweauv g. Eleanorhis wife, OF ais
George Noble, and the heirs OF Samuel Mobly, de-
ceased will take notice that on the Sth day Of March
Ia. 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
Slanarct sheriff Of Stark county, George Noble, and
the heirs of Samuel \ obly, deceased, whose names
and residences are unknown to said eomplainantsl
which said bill AYERS that about the year, A. d. 1924
said Slmuel \ obly obtained judgment against
| Gcorrc 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 tark county now in Carroll county,
to wit: Lots number ilty-one 81 and d!ty-two t52
in the town of Pekin; also, one lot Of ground, part
Of the northwest quarter Of section eleven ii oil
township sixteen l6 OF range six bounded on
the south by the town Of Pekn on the cast, north,
and west by lands of Da7id 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
by lands Of George Bnughman, and on the west by
lands of Frederick Unkeler, containing two acres
and two pcrches. 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 obly by said
sheriff in pursuance said sale, the said oby sold
said lots aud premises to James Dunbar, father oi
, complainant, that obly never did receive deed
from said sheriff for said lots and premises. SAD
bill further AYERS that said James Dunbar since de-
ceased when in lie, made full payment to said OBJ
" for said lots and premises that said contracts be-
; tween said olby and Dunbar was reduced to wri
ting and that said written agreement has been lost or
DESTROYED. The bill further AYERS that about the
r year A. D. 1928, said james Dunbar departed this
life without having procured deed for said lots anC
= PREMISES, leaving Eleanor Dunbar his widow (sncC
" iutermarried with Daniel Sweany) and your etitlo!
or his heirs at law and legal representatives, SAT-
" bill further 2Ve.S tE@t aGcEt 4. D. 1888, SAID OBJ
Departed thB lle leaving children and hels al uV
', hose names aud places OF residence are 10
, known to petitioners; that said Dunbar went int
% nos .rs-ion OF said lots and prem ses and rcma'nc
= in poaseasion OF the same until his death, and tha
titionpr- have remained in possPfrion ever since
: rhe complainants aver thot they have good right
, as the heirs ut law OF said James Dunbar, decea-
: pd 10 said 10 = and premises, and that they har
u no legal title 10 til" same. The prayer OF the ii
= = il, that said Daniel Sweany aud Eleanor h@ wife
: Carroll county, Henry Shanairlt, sheriff OF Star
T county. and the heirs OF Samuel Molly and Georg
Noble, all OF whose residences are unknown, b
made DE- PENDANTS; that the writ ot snhpGaa isFu
against them, and that they answer the same, &c
and that on the final hearing oil this cause the sheT
lf Of Stark county be dpcreed to execute and de
liver 10 compainants deed ttr said lots and pre-
mjses, and Tor general reef. The said George Nc
bIe and said heirs OF Samuel MOLLY are further nc
lilpd that unless they appear aud plead, onswe
or demur to said bill within sixty days after the neN
crm OF said court, the said cOmplainan1s will appI
10 to said court to take the matters and things st
d or,h in said bill as confessed and to decree hereo
. nccord ngY. ECKLEY DAVIS
D. Solicitors for comp'ainants.
n March Is, -7--22-6t. Pr. Zee $40 So