True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-08-19
LEGAL NOTICE.
The State Of Ohio, Jefferson County,
S. S. Couri of Common Pleas.

-
S. S. Couri Of Common Pleas.
Robert Cochran, James
blackburn, Chockley T.
Holloway and Joseph A.
partners trad
ing and doing business in
the name of Holloway &
Lippincctt, Plaintiffs,
-. VS. Petition.
Eli Kimberly Il B. d.
Godfery, ], E. Marshall g.
S. s. Mann, partners, trading
and doing business under
the name and style ofGod-
frey & CO. Defendants.
B. d. Godfrey, ] E. Marshall & SIS Mann,
defendants above named, will take notice
that Robert Cochran, James Blackburn,
Chockley I. Holloway g. Joseph A. Lip
pincott, partners doing business in the
name and style of Holloway & Lippincott,
have filed their petition in the Office ofthe
clerk Of. court of common pleas, for Jefferson
CO., o., setting forth that on the 10Th day
of September. 1856, they recovered judg-
ments against John B. Smeral of Jefferson
county, Ohio, before John H. Forester, a
Justice Of the Peace, for Wayne township,
in said county.
That said Holloway & Lippncott re-
covered one judgment for two hundred dol
lars and cost, on said 18th day OF Septem-
ber, 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 &
twenty eight cents and cost T; 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 tifty.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
fifty ight dollars and seventy-three cents,
besides costs, all of which said several
judgments were recovered against the said
John B. Simeral, on the 18th day of Sep
tember, 1856, before the sai6 John H. 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
stock of merchandise, then belonging 10
the said John B. Simeral on the same day
and thereby became q lien on said stock Of
goods.
The said Plaintiffs further represent
that B. d. Godfrey, J.. Il. Marshall and
S. S. Mann, partners under the name and
style of Godfrey & 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 fifty-four dollars
and seventeen cents, andcosts, the other
for two hundred and fifty dollars and
sixty-six cents, and costs and that exc
cutions 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 of
the recovery of the judgment in favor OF
said Godfrey g. CO., or some time after
wards, on that day the agent of the said
Godfery g. CO. received an assignment of
sundry accounts which the said John B.
Simeral had against suEdry individuals,
the names of said debtors being unknown
to the plaintiffs, and that it was then and
there agreed that the said Godfrey & CO.
should proceed to collect said accounts,
and apply the same to the satisfaction Of
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
aforsaid 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 judg.
ments of the said Godfrey and Co., without
reference to the assignment of the accounts
aforesaid, that the said John B. Simeral is in.
solvent and has no property subject to be
seized and sold on execution other than his
stock of goods aforesaid and that said stock
of goods are not sufficient to satisfy the claims
of the plaintiffs and of the said Godfrey &Co
The plaintiffs ask that the said Eli Kimberly
be ordered and required to bring the proceeds
of sale Of said stock Of goods into Court, and
that the said Godfrey & Co., be required to
collect the amounts due upon the several &C
counts SO assigned to them, and apply the
same to the satisfaction Of their claim before
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 good
conscience require.
The said B. D. Godfrey, J. E. Marshall, and
S. S. Mann, partners as aforesaid, will Take
notice that they are required to answer the pc
tition of the said plaintiffs filed against them
before the 10th day of October 1851 or in de
fault thereof, judgement will be rendered
against them according to the prayer of sale
petition.
Robert Cochran. James Blackburn, Hollo
way & Lippencott. Plaintiffs, by
MILLER & SHERRARD
augl96t. Their Attorneys.
DR.. CALVIN M. FITCH,
MiILL VISIT STEUBENVILL ,A1
w the conclusion Of his Pittsburgh a.