Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-04-21
IN CHANCERY.


Court Of Common Pleas of Gallia county,
Ohio. William II. Langley vs.. Will
ian s. Summers, ct. al.
A UGUSTUS MERRITT, Of the city
IL Of Louisville, in the State Of Ken
tucky, and Rufus Ford, of the city Of 81.
Louis, il the State Of Missouri. are here
BY notified that on the 9Th day of April,
1858, William II, Langley, Of the Town
Of Gallipolis, in the county Of Gallia, and
State of Ohio, filed in the Court of Com
mon Pleas Of said county Of Gallia, and
State Of Ohio, Bill in Chancery against
William 8. 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
8. Summers and Mary Summers his wife, i,
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 953, 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 q 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,) y 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 b. his said mortgage and
therein mentioned, to the said Rufus
Ford; that he is wholly ignorant of the
amount that is now due, if 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 SUBJ
pena may issue against the said William
s. Summers and Mary Summers his wife,
Augustus Merritt aud Rufus Ford, or that
they be otherwise notified of the pendency
Of this sui. according 10 law, that they
may be compe led to answer all and singu-
lar the premises; that the said Augustus
Merritt and Rufus Ford may answer and
show what amount is due TO them, or ell
ther of them, if any, upon said notes in
said mortgage described; 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 interest upon said notes
and mortgage made to the said Augustus
Merritt as aforesaid, that said premises.
to-wit: town or city lots Nos. $50 and
253 situate in said town of Gallipoiis, and
mortgaged to complainant as aforesaid,
may be sold, and the proceeds thereof, or
so much thereof as may be necessary for
that purpose, may be applied first to the
satisfaction of what may be found due the
complainant for his said principal and in-
terest, and the residue thereof be dis;rib-
uted and applied to the satisfa ction ofwhat
may be found due for principal and inter-
est to the said several other parties in
this suit according to equity; and the said
Augustus Merritt and Rufus Ford are fur-
ther notified that unless they appear and
plead, answer or demur to the said bill,
within rixly days after the next term of
said Court, the said William Fl. Langley
at the term next after the expiration Of
said sixty days, will apply to said Court to
take the matters of the bill as confessed,
and TO decree thereon accordingly.
L. PERRY,
Sol. for COmp't.
April 7, 1S53.-6w