Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1847-04-02


Joseph Dunbar Abram Brothers, and Nal
ry Ann Brothers his wife In Chaa-
vs.. esry:
Daniel Sweanv & 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
~ 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 that about the year, A. d. 1884,
said Samuel hoby obtained a Judgment against
George Noble in the county of Stark, that an exc
cutiOn issued on said Judgment that the sheriff Of
said Stark county, by virtue of said execution levied
the following real estate as the property of said
Noble (then in tark county now in Carroll county,
to wit: Lots number fftyone 81 and fifty-two 1921
in the town of Pekin: also, lot of ground, part
of the northwest quarter of section eleven MI Of
township sixteen l6I of range six 81 bounded on
the south by the town of Pekin, the east north,
and west by lands Of David Crumbecker, containing
four acres and one hundred and thirty perches also;
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 Unkeler, 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
w. that before deed made to said obly by said
sheriff in pursuance cf 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 life made full payment to said Nj OBJ
ly for said lots and premises, that said contracts be-
tween said hoby 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. 1898, 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. 1885, said Mobly
departed this lite eaving children ami heirs tlaw
whose names aud places Of residence are not
known to petiioners: that said Dunbar went into
possession OF said lots and premises and remained
in possession of the same until his death, and that
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 to said LOIS and premises, and that they have
no legal title 10 the same. The prayer Of the bill
is, that said Daniel Sweany and Eleanor his wife Of
Carroll county, Henry Shahaieit, sheriff of Stark
county, aud the heirs oil Samuel Molly and George
; Noble all of whose residences are Unknown, be
made defendants; that the writ Of subpoena issue
against them, and that they answer the same, &C..
and that OF the final hearing Of this cause the sherS
if of Stark county be deereed to execute and de-
liver to compIananis deed tf said lots and pre-
mses, and for general relief. The said George No"
BILE and said heirs Of Samuel Mobly are further no.
tilted that unless they appear and plead, answer
or deniur to said bill within sixty days after the next
term Of said court the said compliments will apply
to said court TO take the matters and things SET
forth in said bill as confessed and to decree thereon
accordingly ECkLEY DAVIS.
Solicitors for compIainants.
? March ~, ie47-2z-6t. Pr. fee $40 so.