Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-04-07

Court of Common Pleas OF Galla county, Ohlo.
William II. Langley VS.. William S. Summers
ct al.
A UGUSTUS MERRITT, of the city of
IA Louisville, in the State of Kentucky, and
Rufus Ford. of the city of ST. Louis, in the
State of Missouri, are hereby notified that on
the 5th day of April, A. D. 1853, William II.
Langley, of the town of Gallipolis, in the eoun-
ty Of Gallia, and State of Ohio, fled in the
Court of Common Pleas of said county OF Gal
liza, and State of Ohio, a Bill in Chancery
against William S. Summers and Mary Sum
mers. his wife, and the said Augustus Merritt
and Rufus Ford, the object and prayer oil which
Bill is to foreclose a mortgage executed and
delivered by the said William s. Summers and
Mary Summers, his wife, to the said William ii.
Langley, on or about the third day OF July, A. D .
1851, upon certain Town or City Lots in the
town of Gallipolis, in said county oil Gallla,
and State Of Ohio, and known and numbered
on the recorded plat Of said town as Lots 263.
264, 267 and 26S, TO secure the payment Of the
sum of FIVE hundred dollars with interest, TO the
said William II. Langley or order, according TO
the tenor and effect Of a certain promissory
note therein mentioned and described; and
also TO forecIose a certain other mortgage, af-
forwards executed and delivered by the said
William s. Summers to the said Augustus Mer-
rift, on or about the third day of Deee mber,
1851, upon said Town or City Lot, together
with two other Town or City Lots in said town
of Gallipolis,) to secure the payment of the
sum of three thousand dollars, IN the manner,
and according to the tenor and effect of certain
promissory notes therein mentioned and des-
cribed; said Bill representing and charging
among other things the making Of said mortgages
and notes as aforesaid, that the said sum of
five hundred dollars, with the interest thereon,
is wholly due and unpaid by the said William
S. Summers, 60 the said complainant; that said
complainant is informed and believes that the
said Augustus Merritt has assign and trans
ferred 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 TO the said Au
gustus Merritt upon his said notes and mort
gage, or to the said Rufus Ford as assignee as
aforesaid; and praying among other things that
tbswrit of subpoena may issue against the said
William S Summers and Mary Summers his
wife, Augustus Merritt and Rufus Ford, or that
they be otherwise notified Of the pendencY Of
This suit according TO law, that they may be
compelled to answer all and singular the prem
ises; that the said A augustus Merritt and Ru-
fIs Ford may answer and show what amount Is
due te them or either Of them, if any, upon
said notes in said mortgage described; that an
account may be taken of what is due the COM
plainant for bis principal and interest upon bis
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. 263, 264. 267, and 26S, situated in said
town Of Gaiipolis. and mortgaged to the COM
plainant as aforesaid, NAV be sold, and the pro-
ceeds thereof, OF so much thereof as may be ne
cessarJ for that purpose, may be applied first to
the satisfaction of what may be found due the
complainant for his said principal and interest,
and the residue thereof applied 60 the several
claims of the several other parties in the suit
according TO equity; and the said Augustus
Merritt and Rufus Ford are further notified,
that unless they appear and plead, answer cr
Gemur to the said Bill within sixty DAYS after
the next term of said Court, the said William
II. Langley at the term next after the expira-
tion of said sixty days, viii apply 10 said court
TO take the matters Of the Bill as confessed,
and to decree thereon accordingly.
L. PERRY,
Sol. for comP't.
April 7, l653.--6w