The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-07-29
LEGAL NOTICE.
Civil action pending in the Court Of
Common Pleas Of Monroe County,
Ohio.

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Ohio.
Edward H. Ewing, Plaintiff,
against
James Kerby, Stephen Day, Andrew Elkins and
Joseph Wright, Defendants.
TNHE said defendants will take notice that on
/ the 7th day of July A. d. 1857, the plain
tiff filed his petition in said Court against them,
and that the same is now pending in said
Court. The plaintiff alleges in said petition
that on or about the 18th day of November
A. ID. 1854 he sold to the defendants Kerby
and Day, the following tract of land in Monroe
county, aforesaid to wit: Beginning on the
Ohio river bank at the break of said bank on
the line dividing the lands of Aaron Yost, from
lands of L II. Ewing; thence up the river bank
north 4Sa degrees east and tenth perches
to locust, thence north 65 degrees west IA
perches to stone; thence south 4S5 degrees
west perches to stone; thence north rs de-
grees west 19 and Is hundredth perches to a
stone; thence south 2S4 degrees west three
perches to stone; thence south 70 degrees east
33 and SIS hundredth perches to the place of
beginning, with the landing south of A. G.
Ewing's present row of oak pickets to low
water mark on which was large frame mill
house, and saw mill engine fixtures, &C., frame
dwelling house, &C., the plaintiff sold said prem
ises to said Kerby and Day with the argree-
ment that no steam Touring merchant mill
should ever be erected on said premises.
The said Kerby and Day were to pay two thou
sand dollars for said premises, as follows:
! Two hundred dollars May lS, 1856, with in
terest at seven per cent. per annum from No
vember Is, 1855, and one hundred and fifty
dollars each and every year commencing on the
18th of November, 1855, and all being interest
at per cent. per annum from November Is
1885, until the whole sum of two thousand
dollars with interest as aforesaid was paid
The plaintiff made a deed to Kerby and Day or
the 9Th of December 1854, conveying then
said premises in fee, subject to the paymen
aforesaid and to the reservation aforesaid
The plaintiff in his petition admits the receip
of the first payment of five hundred dollars
except the sum of thirty-one dollars and 81
tcents, and alleges that no other payment
have been made.
The plaintiff charges that the frame mil
house has been sold off said premises and tha
the saw mill has been suffered to get out of re
pair so that he is in danger of loosing part O
his debt. The plaintiff, also, alleges in hi
, bill that the defendants Wright and Elkins hav
rented the mill, and the plaintiff asks for jude
ment against Day and Kerby for $lSl 80 wit
interest at per cent. per annum on $3.50 fror
November 1S, 1855 and interest on S3l So tn
, residue at per cent. per annum from Octobe
Is, 1856.
That the whole debt due and to become du
may be adjudged Il valid vendors lien agains
said property. That the property may be sol
on time to suit the payments as they fan du,
and that plaintiff claims he paid out of tn
proceeds. The plaintiff also asks for the az
9 pointment of a receiver to rent, receive rent
and contract the property.
Application will be made at the court-hous
: in said county, on the 10th of July, 1857, fo
the appointment of a receiver. The said de
fendants are required to appear in said couI
and answer, or demnr to said petition, on or bt
fore the 18th day of September 1857, and i
tiefaalt thereof, judgment will be taken q
the October term of said court 1857, as by cor
fession. HoLLIsTER OkEY & HoLLIsTsR,
Jliy Is, 1ss7-Gw.' Asisvs for PIain.iG.