The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-09-09
LEGAL NOTICE
Civil action pending in the Court q
Common Pleas of Monroe County,

Common Pleas of Monroe County.
Ohio.
| Edwin H. Ewing, Plaintiff, isY
against ).
James Kerby, Stephen Day, Andrew Ellins md
Joseph Wright, Defendants. q ~ o,
TNHE said defendants will take notice thator
| i the 7th day of July A. d. 1857, the piains
tiff filed his petition in said Court against thesua
and that the same is now pending in said
Court. The plaintiff alleges in said spetifion
that on or about the 18th day of November.
A. D.. 1854, he sold to the defendants Kerby
and Day, the following tract of land in Monroe {
county, aforesaid to wit: beginning ON the J
Ohio river bank at the break Of said bank On
the line dividing the lands of Aaron Yost, fronAs;
lands of E H. Ewing; thence up the river hank
north 4S4 degrees east . and tenth perchss
to locust, thence north IS degrees west 10
perches to stone; thence south Asa degrees i
west perches to stone; thence north 75 de.
grees west 10 and Is hundredth perches 10 !
stone: thence south 2S4 degrees west three
perches to as stone; thence south IS degrees east
33 and 55 hundredth perches to the place of {
| beginning, with the landing south Of A Gs .
Ewing's present row of oak pickets to low
water mark on which was large frame min q
house, and saw mill engine fixtures, &c., framss .
dwelling house. &C., the plaintiff sold said prena-
ises to said Kerby and Day with the argrss- -f1
ment that no steam Touring merchant mill !.
| should ever be erected on said premises.
The said Kerby and Day were to pay two thou. Z
sand dollars for said premises, as follows: 81.
Five hundred dollars May Is, 1856, with In
terest at seven per cent. per annum fom No :
vember 18, 1855, and one hundred and fftYut
dollars each and every year commencing on the
18th of November 1855, and all being interest y
at per cent per annum from Nosemhst:l q Il.
1855, until the whole sum of two thousand
dollars with interest as aforesaid was paid:
The plaintiff made a deed to Kerby and Dayoa
the 9Th of December, 1854, conveying, them )
said premises in fec, subject to the payment
aforesaid and to the reservation atofSaki1!1S
The plaintiff in his petition admits the rqeeip&
of the first payment of five hundred dollars
except the sum of thirty dollars ed - n
cents, and alleges that no other psyHsAts i
have been made. ''., :
The plaintiff charges that the frame MN
house has been sold off said premises and that;.
the saw-mill has been suffered to get out Of rs-
pair SO that he is in danger Of loSsing p6St'sEi
his debt The plaintiff, also, alleaes IN, his
bill that the defendants Wright and Elkins have
rented the mill, and the plaintiff asks tor Jhged
ment against Day and Kerby forr$lSl so .vith. {
interest at per cent. per annum on $3.50 from
November Is, 1855 and interest on $31 80, The p
residue at 6 per cent. per annum from Oct0beka
Is, 1856 as.9ga tsIs.aaie,
That the whole debt due and to become Aae s
may be adjudged valid vendors lien agaiprt
said property. That the property may b sot7 =
on time to suit the payments as they fan due,
and that plaintiff claims he paid ont of the
proceeds. The plaintiff also asks for the sp.
pointment of receiver to rent, receive rents. !,
and contract the property. = ,
Application will be made at the courtshcu1o
in said county, on the 10th of July, 1851. for
the appointment of receiver. The said de-
PENDANTS are required to appear in said eourt !,
and answer or demur to said petition, on or be-1s
fore the 26th day of September 1851, and y :, $.
default thereof ajudgment will be taken s
the October term of said court 1857, As By con-
fession. HoLLIsrER, OKEY & HoLLIsTxh s
Aug. s, 1Ss7.-6w. Att'ys for Plaintiff.