The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1849-06-29
Court of COElnIOn Pleas.

FAIRFIELD COUNTY, ,OHl0-lN CHANCERY
jacob Albert g. Co. vS. The President, Directors
and Company Ut the Lancaster Ohio Bank.
George Myers, Juhu C.Fall and JoliuA Collins
NNHE said George Myers and John c. Full. be-
Il ing non-resdenls Of the State Of OHIO no.
tlce is hereby given that the said Jacob Albert &
Co., OF the City Of Baltimore, in the Stale of Ma.
iyland, have this day filed their certan bill IN
Chancery, i'll 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, Oh the lst
day OF May, a. D. 1910. executed and delivered
tO said COmplainants mortgage upon IirLotNu
5. in the 18Th Square Of the Town of Lancaster.
Ohio. TO secure the payment of one note of So
900 and six mites of $50 each.
That at the February Term, A. d. I843. OF said
Court, said Compaiuauts 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 npon said
judgment. and the same levied upon said Lot No.
5. as aforesaid, on tile 27ih day OF March, a. D.
lS43. That before the filing OF said bill and since
tue levy as aforesaid, payments have been made
to said Complainants for account of said Judgment
aud mortgage in about the sum of 81 ,600 and that
there is still due and unpaid thereon, abont tile
SUN OF 81 l7U. That OH the 27th of August. A.
D 1888. the said President, Directors aud Com.
pany of the Lancaster Ohio Bank, recovered
judgment in said Court against II. Ford g. Co.
aud Myers Fall, in the sum Of IS, ,470, the said
Ford & Co being the principals. and the said
Myers and Fall being mere securities on the liza.
bity 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 Judgment 10 about the sum OF
$1,000, Tor principal. interest and costs That on
the 3lst day OF December A. D. 1912, an execu.
tinn was levied by said Bank upon the East half
OF In Lot No. ., and the whole Of ln-Loi No 3,
in tue 18th Square of said Town, the same being
the individual property OF said Myers; and also
upon said ln-Lot No S. in said Square, thereto
fore mortgaged TO said colnpainanls us 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. 1892 executed and delivered
to said Collins mortgage upon the East half of
said In-Lot No 2, and the whole of said In. [ ut
No. 3. That on the 10Th day of February. A. D.
l849. the Sheriff of said county oI Fairfield then
having all execution in his hands on said iudg.
ment in favor OF said Bank, and that being the
day on which he was 10 offer tn sale said Lot No
), for the satisfaction Of the balance Yet dne upon
sud Judgment. it 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, thnt the Sheriff should proceed to sell said
premises, aud that the proceeds thereof should
pass into the hands ofsaid Bank subject to all the
equities OF the parties thereafter to be asserted.
That in accordance with said agreement said pro.
perty was struck of ut the sum of $1,000 and tie
proceeds thereof are now In tho hands of said
Bank. subject to the agreement as aforesaid.
Tie bill further alleges that ihe said Myers is
largely indebted to the said firm OF Myers and
Fall-and prays that the Court decree either that
tho said $1,000 proceeds ofsaid sale, be paid over
to said COmplninants, aud the Bank set over upon
their lion on the East hall of Lot No . and Lot
No. 3; or that Complainants be subroga,ed to the
lien Of said Bauk, against said East half of Lot
No. and Lot No. 8, in said 18th Square, or to so
much thereof will reuumerate them in un
amount equal to the proceeds Of said sale OF Lot
No. 5, in the 18th Square as aforesaid
The said George Myers and John C. Fall, non
residents as aforesaid, WILL therefore, hereby take
notice. that unless they appear plead, answer OF
denur to said BILL decree will be taken against
them accordingly.
JOEL RADEBAUGH, Cisrk.
p. VAN TRUMP, Solicitor for ComplaiHants.
May 25. l949. 6w3pieesll,o5