The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1849-06-15
Court Of Common Pleas.

! OSNh y Wa NObhtuAlUIA hCNSs
FAIRFIELD COUNTY, ,OHIo-IN CHANCERY
jacob Albert & Co. rs. The President, Director
and Company Of the Lancaster Ohio Bank
George Myers John {. Fall and JohnA. Collins
n Nh f said George Myers and John C. Fall, be
! II ing nolresidenis Of the State of OHIO. 10
! tce is hereby given that ile said Jacob Albert &
| Co., of the City Of Baltimore, in the State of Ma
ryland, have this day flied their certain bill il
Chnncery, in the Court of Common Plens. in and
for the county of Fairfield aud State Of Ohio. set
ting forth that the said John L. Fall, on the / ST
day of May, A. D. l340. executed and delivered
10 said Complainants a mortgage upon Tll-Lot No
5. III tie 18Th Square of the Town OF Lancaster
Ohio. 10 secure the payment Of one note of S3..
900 aud six notes nl $50 each.
| That al the February Term, A. D. l843. OF said
Court. said CompIauants recovered Judgment
agans. said Fall for the balance then due on said
notes secured by said mortgage. for the sum OF
S3,224 81. That execution was issued upon said
Judgment. aud 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 bin. and since
the levy ns Aforesaid, ayments lavC been made
TO said CUmpainants for account ofsaid Judgment
and mortgage in about the sum Of 81 900; mud that
there is still due and unpaid thereon. about the
sum OF 81 no. That OIL the 27th of August A.
1888, the said President, Directors and Com.
pany of the Lancaster Ohio Bank, recovered a
judgment in said Court against H. Ford g. Co.
aud Myers 4 Fall, in the sum Of sj.473, the said
Ford 81 Co being the principals. aud the suid
Myers and Fall being mere securities on the liza.
bility upon which said last mentioned Judgment
wis rendered.
That since tue rendition Of said judgment. various
! sums OF money have been realized by said Banl;
from said Ford & Co reducing the amount now
due upon said judgment 10 about the sum Of
$1,000, for principal. interest and costs. That on
the 3 LIST day of December, A. D. 1912, an exeru.
linn was levied by said Bank upon the East half
Of In Lot No. 9, aud 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 ln.Lot No. S, in said Square. thereto
fore mortgaged To said compainalts as aforesaid.
the same being the individual property oTtle said
Fall. That the said Myers, in order to indemnify
the snd Collins for certain liabilities on the 22d
day Of July. A. D. 1912, executed and delivered
to suid Collins mortgage upon the East half Of
said ln-Lot No ., and the whole of said In-Lut
No, 8. That on the 10th day Of February. 4. D.
l849. the Sheriff Of said county oI Fairfield then
having an execution in his hands OH said iud O.
ment in favor Of said Bank, and that being tile
day on which lie was 10 offer to sale said Lot No.
S. for the satisfaction Of the balance yet due upon
SAID Judgment. it was was agreed. in writing, by
aud between the officers of said Bank, tue said
Collins. and tile said Albert s. Co., by their CtuI.
sci. that the Sheriff should proceed to sell snid
premises, and that the proceeds thereof should
pass into the hands OF said 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 $1,000, and the
proceeds thereof are now in the hands nf said
Bank. subject to The agreement as aforesad
The bill further alleges that the said Myers is
largely indebted to the said firm of Myers aud
Fall-nnd prays that The Court decree either that
the said $1,000 proceeds ofsaid sale, he paid over
to said COmplanants, aud the Bank set over upon
their lien ou the East half of Lot No. and Lot
No. 8; or that Compainants be subrngned to the
lien Of said Bank. against said East half o' Lot
No. and Lot No 8, in said 9Th Square, or to SO
much thereof as will renumerote 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 aforesaid will, therefore, hereby take
notice. that unless they appear, plead, answer or
delnur tn said bill, decree will be taken against
them accordingly.
JOEL RADEBAUGH. Clerk.
p. Vas TRUMP, Solicitor for COmplaiHGntS.
May 25, l349. 6w5pteesll.25