Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-05-05

Court Of Common Pleas of Gsllia county,
Ohio. William II. Langley vs. WILL
lam 8. Summers, ct. al.
A UGUSTUs MERRITT, Of the city
II Of Louisville, in the State Of Ken
lucky, and Rufus Ford, of the city Of St.
Louis, il the State Of Missouri, are here
BY notified that on the 9Th day of April,
1883, William II. Langley, Of the Town
Of Gallipolis, in the county Of Gallis, and
State of Ohio, fled in the Court Of Com
mon Pleas Of said county OF Gallia, and
State of Ohio. Bill in Chancery against
William s. Summers and Mary Summers
his wife. and the said Augustus Merritt
and Rufus Ford, the object and prayer Of
which bill is, to foreclose a mortgage exc
cuted and delivered by the said William
s. Summers and Mary Summers his wife,
to the said William H. Langley, on or
about The 9Th day of August, A. d. 1851,
upon certain town or city lots in the town
of Gallipolis, in said county of Gallia and
State Of Ohio, and known and numbered
on the recorded plat of said town as lots
ESQ and 963, to secure the payment Of
the sum of FIVE hundred dollars with in.
terest, to the said William II. Langley,
according to the tenor and effect of his
two certain promissory notes under seal,
therein mentioned and described; and also
to foreclose a certain other mortgage af-
terwards executed and delivered by the
said William s. Summers to the said Au-
gustus Merritt, on or about the third day
of December, 1851, upon said two town
or city lots together with four other town
or city lots in said town of Gallipolis,l to
secure the payment of the sum of three
thousand dollars in the manner and accor-
ding to the tenor and effect of certain
promissory notes therein mentioned and
described; said bill representing and
charging among other things the making
of said notes and mortgages as aforesaid =,
that the said sum of FIVE hundred dollars
with the interest thereon is wholly due
and unpaid by the said William s. Sum-
mers to the said complainant; that said
complainant is inf rmed and believes that
the said Augustus Merritt has assigned
and transferred one or more of the said
notes secured BY his said mortgage and
therein mentioned, to the said Rufus
Ford; that he is wholly ignorant of the
amount that is now due, il any, to the
said Augustus Merritt upon his said notes
and mortgage, or to the said RUFUS Ford
as assignee as aforesaid; and praying
among other things that the writ of sub
pena may issue against the said William
s. Summers aud Mary Summers his wife,
Augustus Merritt aud Rufus Ford, or that
they be otherwise notified of the tendency
of this sui. according 10 law, that they
may be compe led 10 answer all and singu-
lar the premises; that the said Augustus
Merritt and Rufus Ford may answer and
show what amount is due 10 them, or Ell
ther Of them, if any, upon said notes in
said mortgage describedi that an account
may be taken of what is due the complain
ant for his principal and interest upon his
said note and mortgage; and also of what
may be due to the said augustus Merritt
and Rufus Ford, or either of them. if any,
for principal and interesr upon said notes
and mortgage made to the said Augustus
Merritt as aforesaid, that said premises,
to-wit: town or city lots Nos. ESQ and
253 situate in said town of Gallipoiis, and
to complainant as aforesaid,
may be sold, and the proceeds thereof, or
80 much thereof as may be necessary for
that purpose, may be applied fret to the
of what may be found due the |
for HE said principal and in-
terest. and the residue thereof be dis;rib-
lted and applied to the satisfa ction of what
may be found due for principal and inter-
sst to the said several other parties in
his suit according to equity; and the said /
Augustus Merritt and Rufus Ford are fur
her notified that unless they appear and
'lead, answer or demur to the said bill,
within sixty days after the next term of
aid Court, the said William II. Langley
1t the term next after the expiration Of
'aid sixty days, will apply to said Court to
AXE the matters Of the bill as confessed,
Ind to decree thereon accordingly.
L. PERRY,
Sol. for Comp't.
April 7, 1s53.-6w
G-r Nouee In Chaueery.