True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-09-16
LEGAL NOTICE.
The State of Ohio, Jefferson County,
s. S. Court of Common Pleas.

The State of Ohio, Jefferson County,
S. S. Court of Common Pleas.
Robert Cochran, James
Blackburn, Chockley T.
Holloway and Joseph A.
Lippincott, partners trad
ing and doing business in
the name of Holloway &
Lippincott, Plaintiffs.
VS. Petition.
Eli Kimberly & B. D.
Godfrey, j. Il. Marshall 81
S. S. Mann partners, trading
and doing business under
the name and style ofGod-
frey & co. Defendants.
B. D. Godfrey, ]. f. Marshall 81 S. S. Mann,
defendants above named, will take notice
that Robert Cochran. James Blackburn,
Chockley I. Holloway & Joseph A. Lip
pincott, partners doing business in the
name and style of Holloway & Lippincott,
have filed their petition in the office of the
clerk of court of common pleas, tor Jefferson
CO., o., setting forth that on the 18th day
of September, 1856, they recovered judg-
ments against John b. Simeral of Jefferson
county, Ohio, before John H. Forester,
Justice of the Peace, for Wayne township,
in said county.
That said Holloway 81 Lippincott re-
covered one judgment for two hundred dol
lars and cost, ON said 18th day OF Septem-
Der, A. D. 1856 (; and one other judgment
for one hundred & forty-three dollars and
fifteen cents and cost, on the same day that
said James Blackburn recovered one judg-
ment for two hundred and fifteen dollars &J
twenty eight cents and cost on the same
day, That said Robert Cochran re-
covered two judgments for two hundred
and ninety eight dollars each, and cost
one for two hundred and fifty. one dollars,
and cost-and one for two hundred and
eleven dollars and costs, amounting in the
aggregate, to the sum of one thousand and
ffty-eight dollars and seventy-three cents,
judgments were recovered against the said
John B. Smeral, on the 18th day of Sep
tenber, 1856, before the SAID John II. For
ester. That on the same day executions
were issued on each of said judgments, and
) were on that day placed in the hands Of
Eli Kimberly, Constable of Wayne town.
ship, aforesaid, and were all levied on q
stock of merchandise, then belonging tc
the said John B. Simeral on the same day
and thereby became lien on said stock Of
goods.
The said Plaintiffs further represent
that B. d. Godfrey, ]. E. Marshall and
S. 8. Mann, partners under the name and
style of Godfrey d CO., recovered two
judgments against the said John b. Sim
neral, before the said John II. Forester,
on the 18th day of September, A. D. 1856
One for Two hundred and ffty-four dollars
and seventeen cents, and costs, the other
for two hundred and fity-one dollars and
, sxty-six cents, and costs and that exc
cutons were issued on said judgments, and
, placed in the hands Of the said Eli Kim
. ,berly, constable, and were levied on the
same goods, on the said 18th day of Sep.
tember, 1856 The said plaintiffs further
represent and charge that on the said 18th
day of September, 1856, and at the time o.
the recovery of the judgment in favor O.
said Godfrey & CO., or some time after.
wards, on that day the agent Of the sale
Godfery & co. received an assignment O.
sundry accounts which the said John 3
Simeral had against suhdry individuals
the names of said debtors being unknown
to the plaintiffs, and that it was then ant
, there agreed that the said Godfrey & co
should proceed to collect said accounts
and apply the same to the satisfaction O
their claim.
That said agents received said accounts in
to their possession upon the terms aforesaid
and continue to hold them. The petition
of the plaintiffs further represent that the said
Eli Kimberly is about to sell the stock of goods
aforsad by virtue of the several executions
aforesaid directed to him, and gives out in
speeches that he will apply portion of the
proceeds thereof to the payment of the udg
! ments of the said Godfrey and Co., without
reference to the assignment of the accounts
aforesaid, that the said John B. Smeral is in
, solvent and has no property subject to b,
seized and sold on execution other than hi
stock of goods aforesaid and that said stool
of goods are not sufficient to satisfy the claim:
of the plaintiffs and of the said Godfrey &Co
The plaintiffs ask that the said Eli Kimberly
be ordered AM d required to bring the proceed
of sale of said stock of goods into Court, ant
that the said Godfrey d Co., be required t.
collect the amounts due upon the several &C
counts so assigned to them, and apply tn
same to the satisfaction of their claim befor
they shall be allowed to receive any portion
of the proceeds of said sale of goods and tina
an order be made that said proceeds be applied
to payment of said several claims of the plain
: tiffs, according to their rights, and that they
may have such other relief as equity and gooi
, conscience require.
The said B. D. Godfery, ]. E. Marshall, ant
s. S. Mann, partners as aforesaid, will Take
notice that they are required to answer the p,
titon of the said plaintiffs filed against them
before the 10th day of October 1857, or in de
fault thereof, judgement will be rendered
against them according to the prayer of saiC
petition.
Robert Cochran. James Blackburn, Hollo
, way d Lippencott Plaintiffs, by
MILLER & SHERRARO
IL,