The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1849-06-01
Court Of Common Pleas.

FAIRFIELD COUNTY ,OHIO-lN CHANCERY
jacob Albert & Co. %. The President. Directors
and Company oil the Lancaster Ohio Bank.
George Myers John C.Fall aud JohnA. Collins.
TENllE said George Myers and John C. Fall. be.
IA ing non-residenis Of the State of OHIO. mo-.
lice is hereby given that the said Jacob Albert &,
Co., Of the City of Baltimore, in the State of Ma.
ryland have this day filed their certain bill in
Clancery, in the Court of Commun Pleas in and
for the county of Fairfield and State of Ohio, set.
ting forth that the said JOHN C.. Fall, on the lst
day OF May, A. d. 1910, executed and delivered
TO said Complainants mortgage upon n-Lot No
5, IN the 18th Square of the Town of Lancaster
Ohio. to secure the payment of one uote of s3,.
900 and six notes of $40 each
That at the February Term, A. D. I843. OF said
Court, SAID Complainants recovered judgment
against said Fall for the balance then due ON said
notes secured by said mortgage, for the sum oI
S3.224 81. That execution was issued upon said
Judgment aud the sume levied upon said Lot No.
3, as aforesaid, on the eth day uf March. A. d.
l843. That before the filing Of said BILL and since
the levy as aforesaid, payments have heen nude
10 said Compliments for raccount Ufsaid Judgment
and mortgage in about the sum of 81 500; aud that
there is still due and unpaid thereon, about the
sum Of 81 l70. That Oh the 27th of August, A.
ID 1888 The said President Directors aud Com.
phny OF the Lancaster Ohio Bank, recovered a
Judgment in said Court against II. Ford & Co.
and Myers & Fall. in the sum of S., ,478, the said
Ford Il Co being the principals. aud the said
Myers and Fall being mere securities on tue LA.
bllity upon which said last mentioned Judgment
was rendered
That since the rendition of said Judgment, various
sums OF money have been realized bv said Bank
from said Ford s. Co reducing the amount now
due upon said Judgment to about the sum of
$1,000, for principal. interest and costs. That Oh
the list day of December, A. D. 1912, an execu.
tnn was levied by said Bank upon the East half
OF In Lot No. ,, and the whole of lH-Lot No 3.
III tue 18th Square of said Town, the same being
the individual property OF said Myers and also
upon said ln-Lot No. 5, in said Square. thereto
fore mOrtgaged to said complainants as aforesaid
the same being the individual property orthe said
Fall. That the said Myers, in order 10 indemnify
the said Collins for certain liabilities, on the 2ad
day OF July, A. D. 1912, executed and delivered
To sald Collins mortgage upon the East half of
said ln-Lot No ., aud the whole Of said In.Lot
No. 3. That on the 10th day of February, A. D.
1919. the Sheriff of said county OF Fairfield then
having an execution in his hands OH said iudg.
ment in favor OF said Bank, and that being Tie
day on which he was 10 offer 10 sale suid Lot No
D, Tor The satisfaction of the balance yet due upon
SAID Judgment 1t was was agreed, in writing, by
and between the officers of said Bank the said
Collins. and the said Albert & Co., by their ccun
sci, that the Sheriff should proceed tu sell said
premises, aud that the proceeds thereof should
pass into the hands ofsad Bank, subject to all the
equities of the parties thereafter 10 be asserted.
That in accordance with said agreement. said pro.
perty was struck off at the sum of$l2OO, and the
proceeds thereof are now in the hands of said
Bank, subject to the agreement as aforesaid.
The bill further alleges that the said Myers is
largely indebted to the said firm of Myers aud
Fall-and prays that the Court decree either that
the said $1,000. proceeds ofsaid sale, be paid over
to said COmplainants, aud tue Bank set over upon
their lien on the East half of Lot No. and Lot
No. 3; or that Complainnnts be subrogated to the
lien OF said Bank. as against said East half or Lot
No aud Lot No. 3, in said 18th Square, or To so
much thereof as will renumerue them in an
amount equal to the proceeds of said sale of Lot
No. s. in the 18th Square as aforesaid
The said George Myers and John C. Fall, non-
residents as aforesaid, will. therefore, hereby tuke
notice. that unless they appear, plead, answer or
Ienur tU said bill, decree will be taken against
them accordingly.
JOEL RADEBAUGH, Clerk.
VAN TRUMP, Solicitor for CompiainSnts
May25 l640. Gw3plee$ll,25