The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-09-30
- 81 LEGAL NOTICE
Civil action pending in the Court -.
Common Pleas of Monroe County. s
Edwin Il. Ewing, PLAINTIFF

Edwin H. Ewing, Plaintiff
4 against e sfa9 ssiS 80
James Kerby, Stephen Day, Andrew EiKms xnas
!. Joseph Wright, Defendants.
/ TNHE said ldefendants win take hptiS< kh& On
/ the 7th day Of July AID. 1857. tEs 6}Sfn-
tiff fled his petition in said Court against them
and that the same is nov pending ID skid
Court. The plaintiff alleges ii SAID pstitisn
that on or about the 18th day of November.
A. D. 1854, he sold toitlie defendants kerby
/ and Day, the followingts tsast of land in Monroe
] county, aforesaid to wit: beginning ON the
fOhio river bank at the break Of said bank On
the line dividing the lands Of Aaron. lusk, hsus
lands of Il H. Ewing; thence mp the river hank
north 4s3 degrees east 6 and tenth perckes
perclies to stone;yt thence south s483 degrees
vests perches TO q stone; ttenee north lids
grees west l9 and l5 hundredth perches.fS.a -
stone thence south 2S4 degrees west lthfesf
perches to stone; III ence sSath 76 de&Ssi siSikkE
33 and SIS hundredth perches to the plscSlof
beginning with the landing south ,of A 1R.@
Ewings present row of oak pickets ia lowfs
water mark on which was large ffaihs miir
house, and saw Mill engine Rxtsrss, &c:, ffashsd
dwelling house, &C., the plaintiff sold said bfeu-l
ises to said Kerby and Day with tho apps-5
ment that no steam Touring merchant min
should ever be erected on said premises.
The said Kerby.and Day xereto pay two thin-
sand dollars for said premises, IS follows:,;.,.
Five hundred dollars Nay l8, 1856, with IN.
terest at seven per cent. per anilnm from No Y
vember Ts, 1855, and one huAdfed Ana 4fty
dollars each and every year comlnsneink - tkez
18th of November. 1855, and all being interest
at per cent. per annum from November 1S.
1855, until the whole sum of txas thousanis
dollars with interest as aforesaid was paid:
The plaintiff made deed to Kcrby and Dayson,
the 9th of December, 1854, conveyipa then
said premises in fee, subject 10 tile 1psySfs
aforesaid and to the reservation aforeani1, :
The plaintiff in his petition admits the reoeipt
of the first payment Of five hundred dollars =
except the sum of thirty dollars and sOr8
cents, and alleges that no other payments.
have been made. sas 2 is'sSili
The plaintiff charges that the. frame mill
house has been soldvf ssid premisSsl xid nat
the saw-mill has been suffered - get ont II NJ
pair SO that he is in danger Of loosing part Of
his debt. The plaintiff, also, alleges 81 his:a
bill that the defendants Wright and Rlkins have.
rented the mill, and the plaintiff FAsks ser s31dx-
ment against Day and Kerby for SlSl so With.
interest at per cent. per annum on $15O fton
November Is, 1885 and interest on 81 so &hSs
residue att percent. rsr snnum froza October
That the Whole debt dps ard te. become due
may be adjudged valid vendors lien assisst
said property. That the properly may be sold
on time to suit the paynents lssss they fall due.
and. that plaintiff claims Ee psifaiout efifpe.
proceeds. The plaintiff also asks for the ap,
pointment Of a receiver to rent, receive rentS
and contract the property. las siAasisa SIT
Application will be made at the courthouse
IN said county, on the 10th Of July, 1857, Tor =
the appointment of q receiver, i The said dS< ;
fendants are required to appear in said court
and answer or demur to said petition, on u s.
fore the 26th day of September l6S u All insf