The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-08-12
LEGAL NOTICE.
Civil action pending in the Court Of
Common Pleas of Monroe County,
Edwin H. Ewing, Plaintiff, 2


Edwin H. Ewing, Plaintiff,
against
James Kerby, Stephen Day, Andrew Elkins and
Joseph Wright, Defendants.
THHE said defendants win 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. 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 H. Ewing; thence up the river bank
north 4ek degrees east 6 and tenth perches
to a locust, thence north IS degrees west IA
perches to a stone; thence south 4s4 degrees
west perches to a stone; thence north Is de-
grees west 10 and S hundredth perches to a
stone; thence south 2S4 degrees west three
perches to stone; thence south rs degrees east
33 and 55 hundredth perches to tile 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, &o., 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 19, 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 I per cent. per annum from November 18
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 Eve hundred dollars
except the sum of thirty -one dollars and sc
cents, and alleges that no other payments
have been made. sgssEs
The plaintiff charges that the frame mil
house has been sold of said premises, and that
the saw.mill has been suffered to get ont 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 hay'
rented the mill, and the plaintiff asks for judg
ment against Day and Kerby for $lS1 80 will
interest at per cent. per annum on S15G from
November Is, 1855 and interest on $31 so, tn,
residue at 6 per cent per annum from Octobe
| Is, 1856.
That the whole debt due and TO become du
may be adjudged valid vendors lien agsins
said property. That the property may be sols
on time to suit the payments as they fall due
and that plaintiff claims he paid ont Of tn
proceeds. The plaintiff also asks for the ap
lpointment of a receiver to rent receive rent
and contract the property. +4
Application will hs made at the court-hous
in said county, on the Goth of July, 1857, fo
! the appointment of q receiver. Tho said de
1 PENDANTS are required to appear in said cour
/ and answer or denur to said petition, on or be
fore the 26th day of September 1851, and il
default thereof, judgment viii be taken a
/ the October term of said court 1857, as by con
fession. HoLLIsrsR, 0KEY q HoLIIsrER
Aug. s, lS51-6w, Att'ys for Plaintiff.