The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1849-06-22
Court Of Common Pleas.

FAIRFIELD COUNTY, ,0Hl0-lN CHANCERY
JacOb Albert e. Co. VS The President. Directors
aud Company oil the Lancaster Oiiio Bank,
George Myers, John c. Fall and JOhnA. Collins.
NNHE said George Myers and John c. Fall, be.
II Ing non-resiJents Of the State Of OHIO, no.
tice is hereby given that the said JacOb Albert 4
Co., OF the City Of Baltimore in the Stale Of Ma
ryand. have this day filed their certain bill in
Chancery, iu the Court Of Common Pleas. in aud
for the county OF Fairfield aud State Of Ohio, set
ting forth that the said John c. Fall, on the lst
day OF Muy. A D. 1910. executed and delivered
TO said Complainants mortgage upon In-Lot No
S. Ia the 18th Square Of the Town of Lancaster
Ohio. to secure the payment Of one note Of 49,.
900 and six notes of 500 each.
That at the February Term. A. D. l843. 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 Of
$3.224 81. That execution was issued upon said
Judgment. and the same levied upon said Lot No.
5. as aforesaid, on the 27th day OF March, A. D.
l843. That before the filing Of said bill. and since
the levy as Aforesaid, payments have been made
to said Complainants for account of said Judgment
and mortgage in about the sum Of 81 ,60O and that
there is still due aud unpaid thereon, about the
SUN of $2,l7O. That OIL the 9th Of August, A.
D 1888, the said President, Directors aud Com
pany of the Lancaster Ohio Bank. recovered
judgment in suid Court against n. Ford & c."
and Myers & Fall, in the sum of IS, ,47S, the snd
Ford Il Co. being the principals. and the said
Myers and Fallbeing mere securities on the lia-
biity upon which said last mentioned judgment
was rendered.
That since the rendition OF said judgment various
sums OF money have been realized by said Bank
from said Ford & Co reducing the amount now
due upon said jud gment to about the SUN Of
$1,000, for principal. interest and costs. That on
the lst day of December, A. d. 1912, an execu-
tion was levied by said Bank upon the East half
OF In Lot No. 9. and the whole VI Ia Lot No. 3.
in tue 18th Square ot said Town. the same being
the individual property oil said Myers; and also
upon said In-LOt No. S, in said Square. thereto
fore mor,gaged to said complainanis as aforesaid.
the same being the individual property ofthe said
Fall. That the said Myers in order to indemnify
the said Collins for certain liabilities, on the 22d
day of July, A. D. 1912, executed aud delivered
tn said Collins mortgage upon the East half Of
said ln-Lot No ., and the whole of said ln.Lol
No. 3. That on tue 10th day of February. A. d
l849. the Sheriff of said county OF Fairfield theu
having an execution in his hands OIL said iudg
ment in favor OF said Bank, and that being the
day on which lie was to offer TO sale said Lot No
S, for the satisfaction of the balance yet due upor
said Judgment il was was agreed, in writing, by
and between the officers Of said Bank, the sale
Collins, mud the said Albert g. Co.. by their cCuI
sell that the Sheriff should proceed 10 sell sale
premises, aud that the proceeds thereof should
pass into the hands ofsal Bank, subject to all the
equities Of tho parties thereafter TO be asserted
! That in accordance with said agreement said pro
perry was struck of ut the of $1,000, and the
proceeds thereof ure now III the hands Of said
Bank subject to the agreement as aforesaid.
The bill further alleges that the said Myers is
largely iudel1ed to the said firm of Myers aud
Full--sud prays that the Court decree either that
the said $1,000. proceeds nisaid sale. be paid over
to said Complainants, aud the Bank act over upon
their lien on the East half OF Lot No. . and Lo,
No. 8; or that Compliments be subrogsted to the
lien Of said Bank. as against said East half o' Lu
No. and Lot No. 8. in said 18th Squire or to SC
much thereof as will renulnerate them in ~
amount equal to the proceeds Of said sale Of Lo
No. S, in the 18th Square as aforesaid.
The snid George Myers and John C. Fall, non
residents as aforesaid, will therefore, hereby take
notice, that unless they appear, pIeud, answer oil
denur to suid BILL decree willbe taken asains
them accordingly. -...
JOEL RADEBAUGH. Clerk.
P. VAN TRUMP, Solicitor for CompiaihSntS.
May IS, ls49. 6wSpleesll,25