The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-08-19
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.
1NHE said defendants will take notice that on
i 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 wits. 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 u. Ewing; thence up the river bank
north 4s5 degrees east 6 and tenth perches
to locust thence north 65 degrees west IA
pcrches to stone; thence south 4st degrees
west 6 perches to stone; thence north IS de-
grees west 70 and Is hundredth perches to a
stone; thence south 2s4 degrees west three
| perches to stone; thence south IS degrees east
| 33 and SIS hundredth 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 large frame mill
hpuse, and saw mill engine fixtures, &C., frame
dwelling house, &c, the plaintiff sold said prem
Uses 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 annun from No
vember Is, 1855, and one hundred and fifty
dollars each and every year commencing on the
I1sth of November, 1855, and all being interest
at per cent. per annum from November 1s,
1855, until the whole sum of two thousand
dollars with interest as aforesaid was paid:
Inn n j. L. - IL
the 6th,rof 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
i except the sum of thirty one dollars and sc
cents, and alleges that no other payments
have been made.
i The plaintiff charges that the frame mill
house has been sold off said premises, and thai
the saw mill has been suffered to get out of re
pair so that he is in danger of loosing part o
his debt. The plaintiff, also, alleges in hii
bill that the defendants Wright and Ekins hav,
rented the mill, and the plaintiff asks for judg
ment against Day and Kerby for $181 so Will
interest at per cent. per annum on $3.50 from
November Is, 1855 and interest on $31 80, tn,
residue at 6 per cent. per annum from Octobe
15, 1856.
That the whole debt due and to become du
may be adjudged valid vendors lien agains
said property. That the property may be sol'
on time to suit the payments as they fall due
and that plaintiff claims he paid out of tn
/ proceeds. The plaintiff also asks for the ap
pointment of receiver to- rent, receive rent
and contract the property.
Application will be made at tie court-hoUs
iFsaid county, on the Goth of July, 1857, fo
the appointment of a receiver. The said de
PENDANTS are required to appear in said coui
t and answer or demur to said petition, on or be
fore the 18th day of September 1857, and i
: default thereof, judgment will be taken q
the October term of said court 1857, as by cor
lfession. HoLLIsrER, OKEY & HoLLIsrER,
Aug. s, ls57.--6w, Att'ys for Plaintiff,