The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-10-28
s5s, 3s LEGAL, NOTICE, .,,,.-z,
Civil action pending in the Court Of
Common Pleas of Monroe County,x

Civil action pending in the Court OF
Common Pleas of Monroe County,
~g Z 44.r..4 Ohio. ,,,,f fs,.,i,,..Fs
les. 10 Edwin IL. Ewing, Plaintiff, ..,,-,x
u tsp2si -.,i4-u; hi against lges 1o -, dsaq
James Kerby, Stephen Day, Andrew Elkins, and
lsrzliab Joseph Wright, Defendants. - e..
| tINHE said defendants will take notice that en-
IL the 7h day of July A. d, 1857, the plain
titf filed his petition in said Court az ainst them
and that the same y is now pending in said
Cou:t. The plaintiff alleges in said.pstition
that on or about the 18th day. of November,
a. ps IS54, he sold to the defendants sKerbr
and Day, the following trsct of land in Moiir6e
county, aforesaid to wit: Beginning on ths
Ohio river bank 1t, the break of said lbank.en
the line div ding he lands of Aaron Yost, sfrDm
lands of r il. Ewing; thence up the river bank
north. 4Ss degrees east s and 5 tehth. rsrchSs
to locust thence north IS degrees west IA
perches to stone; thence south 4s4 degrees
west6 perches to astone; thence north vs. de-
grees west ls and IS hundreoth pcrehei to
stofea thence south s2st degrees west three
i.perches 20 stone; thence south IS degrees esst
33 and 55 hundredth rperches to the place of
beginning, with the landing southrof A g.
Ewing's present row of oak spickets tos 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 aferee-
ment that no steam Aouring merchant mn
should ever be erected on said premises.
The said Kerby and Day wereto pay twothou
sand dollars for said premises, as follows: <
Five hundred dollars Mays1S, 1856, with ii.
terest at seven per cent. per annun from No.
vember Is, 1855, and one hundred and sfifty
dollars each and every year commencing on the
18th of November. 1855, and an heing interest
at per cent. per annum from November IS.
1855, until the whole sum of two thousand
dollars with interest as aforesaid was Maid:
The plaintiff made a deed to 1Kerby 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 paSmsht' Of fye hundred dollars
except the sum of thirty-one dollars ana so
cents, and ALLEGES, that NO ctherInayments
,haye been rmades .eavtn ,,3.,s,r !, 9eyy,-r
The plaintiff charges that the g&apeF nsffls
house has been sold off said premises, and that
the saw mil has been suffered to get out of ne,
pair 50 that he ~ in danger ofilpesipg pa 1T Of
his debt. The plaintiff, also, alleges in f,his.
bill that the defeadantsyYrig ght and iiikins have
rented the mil and theplaintiff asks for jndg-
ment against Day and Kerby forslsl with
interest at Z per cent. per annum on Sl5e from,
November IS, 1855 ana INTEREST on GSsI,BA the
resluue AK Per s.Per annum from 0cfobeEs
Is, 1856. ,E sSs al, f.t.,i.,.r,-s .Sy.sa ses vi
That the whole debt due and to heeomesaua
may be adjudged q valid vendors lisnl against
said property. That the PROPERTY maybe ssN
on time. to suit the, payments as they fall due,
and that plaintiff claims che psid qut ofsthe
proceeds. The plaintiff also asks for -ths apr
pointmentaof receiver ID rent, receive rents
and contract the e5property, yds1sa ii s9ITorT
application wiHbe made atSthe caartshouse
in said county, on the c2ethedf July9Yfs57, fof
the appointment ofsa srecsivergs sfhs rsaid sis<
PENDANTS are required to appear in saidscoaft
fore the 26th day iof September 1857, and in
default thereof, a Judgment will be ftaken AZ
the October term Of said court 1851, a. BY con-
fsssion. HoLLlsTKR, 0kES 8 S1l1srYI,
Aug, 1857 gw., for
Hark Deeds and E ,Jllyfijces