The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-08-26
LEGAL NOTICE
Civil action pending in the Court of
Common Pleas of Monroe County,


Edwin II. Ewing, Plaintiff,
against
James Kerby, Stephen Day, Andrew Elkins and
Joseph Wright, Defendants.
TNHE said defendants will take notice that on
L 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. D.. 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 E Ii. Ewing; thence up the river bank
north 4S3 degrees east and s tenth perches
to a locust, thence north IS degrees west IA
perches to stone; thence south 4s5 degrees
west perches to stone; thence north IS de-
grees west 10 and Is hundredth perches to
stone; thence south 2S4 degrees west three
perches TO stone; thence south IS degrees east
33 and 55 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 a 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:
Five hundred dollars May 1s, 1885, with in
terest at seven per cent. per annum from No
vember 1S, 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,
1855, until the whole sum of two thousand
dollars with interest as aforesaid was paid:
The plaintiff made deed to Kerby and Day on
the 9Th of December 1854, conveying them
said premises in fee, subject to the payment
aforesaid and to the reservation aforesaid.
The plaintiff in his petition admits the receipt
of the first payment of five hundred dollars
except the sum of thirty-one dollars and so
cents, and alleges that no other payments
have been made.
The plaintiff charges that the frame mill
house has been sold off said premises, and that
the saw-mill has been suffered to get out of re-
pair SO that he is in danger of loosing part of
his debt. The plaintiff, also, alleges in his
bill that the defendants Wright and Elkins have
rented the MILL and the plaintiff asks for iudg-
ment against Day and Kerby for $l8l so with
interest at per cent. per annum on $l50 from
November Is, 1S55 and interest on S3l 80, the
residue at per cent. per annpIn from October
Is, 1856. @
That the whole debt due and to become due
may be adjudged valid vendors lien against
said property. That the property may be sold
on time to suit the payments as they fall due.
and that piaintif Claims he paid out of the
proceeds. The plaintiff also asks for the an
pointment of receiver TO rent, receive rents
and contract the property.
Application will be made at the courthouse
in said county. on the Goth of July, 1857, for
The appointment of u receiver. The said de-
PENDANTS are required to appear in said court
and answer or demur to said petition, on or be-
fore the 26th day of September 1857, and in
default thereof, a judgment will be taken at
the October term of said court 1857. as by con-
fession. HoLLrsTER, OKEY & HoLLIsrER,
Aus, ), lss7,-Gw, A't'ys for Plaintiff,