The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-08-05
LEGAL NOTICE.
Civil action pending in the Court OF
Common Pleas of Monroe County,
Ohio.
Edwin II. Ewing, Plaintiff.

Edwin II. Ewing, Plaintiff,
against
James Kerby, Stephen Day, Andrew Elkins and
Joseph Wright, Defendants.
V,HE said defendants will 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 Z II. Ewing; thence up the river bank
north Asa degrees east and tenth perches
to locust thence north IS degrees west IA
perches to stone; thence south 4Sk degrees
west perches to a stone; thence north rs de-
grees west 19 and Is 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 the place of
beginning, with the landing south of A. G.
Ewing's present row of oak piokets to low
water mark on which was 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 Is, 1856, 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 Z per cent. per annum from Noyember ] g.
1855, until the whole sum of two thousand
fdollafs with interest as aforesaid was paid
To-, l. L u n
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 8(
ieents, and alleges that no other payments
have been made.
!, The plaintiff charges that the frame mil
house has been sold off said premises, and tha
J the aw-mill has been suffered to get out of re
lpair 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 hav.
irented the mill, and the plaintiff asks for judg
iment against Day and Kerby for Sl8l 80 will
} interest at per cent. per annnm on $3.50 from
) November Is, 1855 and interest on S3l 80, tn
residue at s per oent. per annpm from Octobe
lis, 1856. - ~ asis3F
That the whole debt due and to become du
may be adjudged ayalid vendors lien agains
said property. That the property may be sol
on time to suit the payments as they fall dus
!. and that plaintiff claims he paid out Of tn
& proceeds. The plaintiff also asks for the al
pointment of a receiver to rent, receive rent
and contracttlle property.
Application will be made ct the court-hous
in said county, on the Goth of July, 1857, fe
). the appointment of a receiver. The said d.
= PENDANTS are required to appear in said cou
!. and answer or demur to said petition, on or b
r fore the 26th day of September 1857, and
g default thereof, ajudgmaIt will be taken
i the October term of said court 1857, as by col
fession. HoLLIsTER, OKEY & HoLLrsrER,
h Aug. 5, 1S57.-6w. Att'ys for Plaintiff.