The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1849-06-08
Court of COIMmOn Pleas.

FAIRFIELD COUNTY oH1O-IN CHANCERY
Jacob Albert e Co. rs. The President, Directors
and Company OF tie Lancaster Ohio Bank
George Myers John C.Fall aud JohuA Collins
~ NHE said George Myers and John c. Fall. be.
n ing non-resiJenis Of the Slate Of OHIO no
tice is hereby given that the said Jacob Albert &
Co., OF the City Of Baltimore, in the State ni Ma.
ryland, have this day filed their certain bill in
Chancery in the Court Of Common Pleas. in and
for the county Of Fairfield and Stie of Ohio, set
ting forth that tie said John c. Fall, on the lst
day OF May, A. d. l840, executed and delivered
10 sad Compliments d mortgage upon ln-LOt No
s. III the 18Th Square Of the Town of Lancaster.
Ohio. 10 secure the payment Of one note of s3..
900 aud six notes Of $40 each.
That the February Term. A. D. l8A3. Of said
Court. said Complanants recovered Judgment
against said Fall for the balance then due on said
notes secured by said mortgage, for the sum Of
$3224 81. That execution was issued upon said
Judgment. and the same levied upon said Lot No.
s. as aforesaid, on the 27th day Of March, A. d.
lS43. That before the films ofsad bill and since
the levy as aforesaid, payments have been made
to said Complainants for account Of said Judgment
aud mortgage in about the sum Of 81 COO; and that
there Is still due and unpaid thereon, about the
sum oi S2,l7O That on the 9th of August. A.
1888. the said President, Directors aud Com.
pany OF the Lancaster Ohio Bank, recovered a
judgment IN sud Court against n. Ford & Co
and Myers & FALL in the sum OF $547S, the said
Ford II Co. being the principals and the said
Myers and Fall heing mere securities on the liza.
blity 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 & Co, reducing the amount now
due upon said Judgment to about the sum OF
$1,000, Tor principal. interest and cnsts. That on
the lst day OF December A. D. 1912, an exec,i.
tim was levied by said Bank upon the East half
OF ln'Lot No. ., and the whole of la-Lot No. 8,
IN tue 9Th Square of said Town, the same being
the individual property OF said Myers and also
upon said ln.Lot No. 5, in said Square, therefor
lore mortgaged to said complanants as Aforesaid.
the same being the individual property ftbe said
Fall. That the said Myers, in order to indemnify
the said Collins for certain liabilities, on the 22d
day OF July, A. d. l842, executed and delivered
to said Collins mortgage upon the East half of
said ln-Lot No 9, and the whole Of said In-Lot
No. 3. That on the 10th day of February. A. d.
lS49. the Sheriff OF said county OF Fairfield then
having an execution in his hands on said iudg-
ment III favor oil said Bank, and that being the
| day Oh which lie was 10 offer To sale said Lot No.
>, for the satisfaction OF the balance yet due upon
| SAID judgment. it was was agreed. in writing, by
and between the officers OF said Bank. the said
Collins. and the said Albert a. Co.. by their ccun
sci, that the Sheriff should proceed to sell said
premises aud that tie proceeds thereof should
pass into the hands of said Bank subject to all the
equities OF the parties thereafter to be asserted
That in accordance with said agreement. said pro-
perry was struck off ut the SUN OF $1,000. anil 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
Falkland prays that the Court decree either tina,
The said $1,000. proceeds uIsnid sale he paid over
to said Compainants, aud the Bank set over upon
their lien on the East half of Lot No. aud Lol
No. b or that Compainants be subugated to The
lien of said Bank. as against said East half of Lot
No. . and Lot No. 3, in said 18th Square. or 10 Sc
much thereof as will renuInerate them in all
amount equal to the proceeds of said sale of Lo
No. 5, in the 18th Square as aforesaid.
The said George Myers and john c. Fall, non.
residents as aforesaid. will therefore, hereby take
notice. that unless they appear, plead, answer or
delnur tn said BILL decree will be taken against
them accordingly.
JOEL RADEBAUGH. Clerk.
?, VAN TRUMP, Solicitor for COmplaiasRts.
May25 l3i9. 6w3plce$llo5