M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1857-05-21

Court of Common Pleas, VintOn County
John 8. Hawk, Plaintiff,
against
George A. French and Civil Action.
Thomas b. Davis,
Defendants.
THE said defendant, George A. French, whose
i residence is unknown ~ the plaintiff, (but
| who is supposed to reside in the State of New
York, } will take notice that the plaintiff, John >:
Hawk, of the county of VintUn in the State Of
Ohio, did, on the SOth day OF April, 1857, file his
petition in the Court of Common Pleas, within
and for the County of Yinton, in the said State Of
Ohio, against the said defendants, George A.
French and Thomas b. Davis, setting forth, that
at the March term, 1856, of the Court ofCommon
Pleas, of the County of'Perry, and State OF ONO,
the plaintiff, John s. Hawk, recovered q judg-
ment against the said defendant, George A.
French, for the sum of 1866 OF, and costs %ofsuit,
that said Judgment remains in full force unpaid
and unsatisied, that afterwards Oh the 10th day
of February, 1851, execution was caused to be Is
sued by the plaintiff upon the said Judgment, and
that on the 18th day of February, 1851, the said
execution was returned by the Sheriff of said
County Of Perry, mo goods, chattels, lands or
tenements, found wherein to levy;"that said def
! endant. Geo A. French, has no property real or per-
sonal. subject 70 execution, but that he owns q
certain equitable interest in the following describ-
ed real estate, situated in tho County OF Nlnton,
in the State of Ohio, heretofore. purchased by said
George A. French Of his co-detendant, Thomas
b. Davis, which of right ought 10 be subjected to
the payment of the plaintiffs said Judgment, 10
wit The undivided 4 part OF out Lot NO
%, in the Village of Macarthur, in said Vinton
County, save and except the Grave Yard Lot sit
uated ia the Northeast part OF said Lot, and the
right of way previously granted to the 5. d H.
v. Rail Road Company Also the one undivi-
ded x part Of out Lot No. 90, in said Village
and County, save and except the right Of way
previously granted to tho 5. ~ IL. V. Rail Koad
Company Also the one undivided z part OF
in Lot No. SIS in said Village of Macarthur; Also
the one undivided "a part Of four acres Of
ground, more or less, in said Vinton County, ly-
ing South of and adjoining said out Lots, Nos. p
and go, and bounded on the East by lands now
ownedby Charles Brown, on the South by land:
now owned by Owen Dowd, and on the West by
in Lot No. 1l2, (as Numbered and designated or
the plat of said Village of Macarthur, and on th(
North by said out Lots, Nos. % and %; thai
said sale from said Davis to said French was eyi'
denced by q title bond dated some time IN De
cembcr, 1855; by tho terms of which the said Da.
Wis agreed to convey said premises in fec simple
upon the full payment of the consideration mon.
ey, that said consideration money las plaintiff
is advised has been paid by said French tOsaiC
Davis, but that the said Davis still holds the le-
gal title of said premises.
And praying that SAID Inomas Is; Jaws "
compelled to answer and set forth, whether any
and what part Of the consideration money fol
said premises sold by him to said French, Is nov
due and unpaid, &C., aud that an amount may b.
taken under tho judgment and order of sale
Court. of what sdue ifanything from said Gcorg,
A.. French TO said Thomas B. Davis, that al
and singular ofthe said premises may be sold un
der the order of said Court, and thatth proceeds
after satisfying the just demands Of the sale
defendant, Thomas B. Davis, in this behalf, ma!
be applied to the discharge Of the plaintiffs sale
claim, and for other proper relief.
The said defendant, George Il. French, is fur
Their notified that he is required to answer tn
said petition Of the plaintiff on or before tn
third Saturday after tho Eleventh day of juno
1857.
By CLARK & PLYLEY,
Attorneys for Plaintiff.
MAY .. tsj7. VIZ