The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-07-22
LEGAL NOTICE.
Civil action pending in the Court Of
Common Pleas of Monroe County,
Ohio.

Civil action pending in the Court Of
Common Pleas Of Monroe County,
Ohio.
Edward II. Ewing, Plaintiff,
against
James Kerby, Stephen Day, Andrew Ellkins and
Joseph Wright, Defendants.
TIME said defendants will take notice that on
i the 7th day of July A. D. 1857, the plain
tiff fled 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 dayof 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 E H. Ewing; thence up the river bank
north Ash degrees east and tenth perches
to locust, thence north IS degrees west IA
perches to stone; thence south 4SA degrees
west perches to stone; thence north as de-
grees west 19 and Is hundredth perches to a
stone; thence south 2s4 degrees west three
perches to stone; thence south 75 degrees east
33 and So hupdrsdth perches TO the place of
beginning, with the landing south of A. G..
Ewing's present row of oak pickets to low
water mark on which was a large frame mill
house, and saw mill engine fixtures, &C., frame
ises to said Kerby and Day with the argrss.
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:
Two hundred dollars May l8, 1856, with in
terest at seven per cent. per annum from No
vember IS, 1855, and one hundred and fifty
dollars each and every year commencing on the
18th of November, 1855, and all being interest
at per cent. par annpm from November 18,
1885, until the whole sum of two thousand
dollars with interest as aforesaid was paid:
The plaintiff made deed to Kerby 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 payment of Eve hundred dollars
except tho sum of thirty-ons dollars and 80
cents, and alleges that no other payments
have been made.
The plaintiff charges that tho frame mill
house has been sold of said premises, and that
| the saw-mill has been suffered to get out of re-
| pair so that he is in danger of loosing part of
his debt. The plaintiff, also, alleges in his
bill that the defendants Wright and Klkins have
rented the mill and the plaintiff asks for iudg-
| ment against Day and Kerby for $1sl 80 with
interest at per cent. per annum on Sl50 from
November 18, 1855 and interest on $3l 80, the
residue at 6 per oent. per annum from October
Is, 1856.
That the whole debt due and to become due
may be adsudged valid vendors lien against
said property. That the property may be sold
on time to spit the payments as they fall due,
and that plaintiff claims he paid out of the
proceeds. The plaintiff also asks for the ap
| pointment of receiver to rent, receive rents
and contract the property.
| Application will be made at the courthouse
in said county, on the 10th of July, 1857, for
the appointment of receiver. The said de-
PENDANTS are required to appear in said court
aud answer or demur to said petition, on or be-
fore the 10Th day of September 1857, and in
default thereof, q Judgment viii be taken at
the October term of said court 1857, as by con-
fession. HoLLIsrEK, oKEy &c HoLLIsrER,
July Is, ls57.-6w. Att'ys for Plaintiff.