The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1849-05-25
Court Of Common Pleas.

FAIRFIELD COUNTY OHIO-lN CHANCERY
jacob Albert s. Co. Us. The President, Directors
and Company OF the Lancaster Ohio Bank
George Myers, John CFall aud JohnA Collins
TENtlE said George Myers and John c. Fall. be.
IL ing non-residenis of the State of OHIO, no.
tce is hereby given that The said Jacob Albert 6,
Co., of the City of Baltimore, in the State of Ma
ryland, have this day filed their certain bill u
Chancery in the Court of Common Pleas, in and
for the county of Fairfield aud State of Ohio, set
ting forth that the said John c. Fall, on the 81
day OF Aiuy, A. d. l840, executed and delivered
to said Complanants mortgage upon In-Lot No
5, in the 18th Square of the Town of Lancaster,
Ohio. to secure the payment of one note of $3,.
600 and six notes Of $40 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 oil
1924 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.
l343. That before the filing of said bill and since
the levy as aforesaid, payments have been made
to said Companants for account ofsaid Judgment
and mortgage in aboutthe sum of 81 500; and that
there is still due and unpaid thereon, about the
sum OF g l70. That OH the 9th of August A.
D 1888, the said President, Directors and Com.
pany of the Lancaster Ohio Bank, recovered a
judgment in said Court against H. Ford g. Co.
and Myers & Fall. in the sum of IS ,478, the said
Ford & Co being the principals. and the said
Myers and Fall being mere securities on the liza.
bility upon which said last mentioned Judgment
WINS rendered
That since the rendition of said judgment various
sums of money have been realized by said Bank
from said Ford g. Co, reducing the amount now
due upon said judgment to about the sum Of
$1,000, for principal. interest and costs. That on
the 8 LIST day of December, A. D. l842, an execu-
tion was levied by said Bank upon the East half
Of In Lot No. 9, and the whole of la-Lot No 3,
in tue 18th Square of said Town, the same being
the individual property Of said Myers; and also
upon said In-Lot No. s. in said Square, thereto
fore mortgaged to said complainants ms aforesaid,
the sumo being the individual property oftle said
Fall. That the said Myers, in order to indemnify
the said Collins for certain liabilities, OH the 22d
day OF july A. d. 1842 executed and delivered
to said Collins mortgage upon the East half of
said In-Lot No 2, and the whole Of said ln-Lot
No. 3. That on the 10th day Of February, A. D.
l849. the Sheriff of said county oil Fairfield then
having an execution in his hands on sad iug.
ment in favor OF said Bank, and that being the
day on which he was TO offer to sale said Lot No
S. for the satisfaction Of the balance yet due upon
SAID judgment. 1t was was agreed, in writing, by
aud between the officers of said Bank, the said
Collins, and the said Albert g. Co., by their coun
sci, that 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 off ut the sum OF $1,000, 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 $1,000, proceeds ofsaid SALE be paid over
to said Complainnnts, aud the Bank set over upon
their lion on the East half OF Lot No. and Lot
No. 3; or that Complainants be subrogated to the
lien OF said Bank, against said East half OF Lot
No. aud Lot No, 8, in said 18th Square, or to so
much thereof as will renumerate them in an
amount equal to the proceeds of said sale Of Lot
No. 5, in the 18th Square as aforesaid.
The said George Myers and john c. Fall, non
residents us aforesaid, WILL therefore, hereby take
notice. that unless they appear, plead, answer or
denur to said bill, decree will be taken against
them accordingly.
JOEL RADEBAUGH, CLERK.
p. VAN TRUMP, Solicitor for CompiaiRsnts.
May 25, l849. 6w3piee$ll,25