True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-09-09

anu u0lnU DuSlIlOSS
the name and style ofGod-
frey & co. Defendants.
B. d. Godfrey, j. +. Marshall & s S. Mann,
defendants above named, will take notice
that Robert Cochran. James Blackburn,
Chockley T. Holloway IL Joseph A. Lip
pincott, partners doing business in the
name and style of Holloway & Lippincott,
have filed their petition in the Office OF the
clerk of court of common pleas, tor Jefferson
CO., O., setting forth that on the 18th day
of September, 1856, they recovered judg-
ments against John b. Simeral of Jefferson
county, Ohio, before John H. Forester, a
Justice of the Peace, for Wayne township,
in said county.
That said Holloway & Lippincott 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 &C
twenty eight cents and cost 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 fifty. 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 light 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 SAID 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 ol
Eli Kimberly, Constable of Wayne town.
ship, aforesaid, and were all levied on q
stock of merchandise, then belonging Ia
the said John B. Simeral on the same day
and thereby became lien on said stock OF
goods.
The said Plaintiffs further represent
that b. d. Godfrey, ]. E. 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 H. Forester,
on the 18th day of September, A. D. 1856
One for Two hundred and fifty-four dollars
and seventeen cents, and costs, the other
for two hundred and fitty-one 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 o.
the recovery of the judgment in favor o.
said Godfrey & CO., or some time after.
wards, on that day the agent of the sait
Godfrey g. co. received an assignment o.
: sundry accounts which the said John B
Simeral had against suhdry individuals
the names of said debtors being unknown
to the plaintiffs, and that it was then ant
there agreed that the said Godfrey g. co
should proceed to collect said accounts
and apply the same to the satisfaction o
their claim.
That said agents received said accounts in
to their possession upon the terms aforesaid
and co ntinue to hold them. The petition
of the plaintiffs further represent that the said
Eli Kimberly is about to sell the stock of goods
Aforesaid by virtue of the several executions
aforesaid directed to him, and gives out il
speeches that he will apply portion of thl
:. proceeds thereof to the payment of the judg
I, ments of the said Godfrey and Co., withou
reference to the assignment of the account
. aforesaid, that the said John B. Simeral is in
, solvent and has no property subject to b
seized and sold on execution other than hi
I stock of goods aforesaid and that said stool
of goods are not sufficient to satisfy the claims
of the plaintiffs and of the said Godfrey &Cc
The plaintiffs ask that the said Eli Kimberl,
be ordered and required to bring the proceed
of sale of said stock of goods into Court, ant
that the said Godfrey d Co., be required
collect the amounts due upon the several ac
counts so assigned to them. and apply tn
/ same to the satisfaction of their claim befor
they shall be allowed to receive any porto
of thl proceeds of said sale of goods and tha
an order be made that said proceeds be applie
to payment of said several claims of the plain
tiffs, according to their rights, and that the
I, may have such other relief as equity and goo
IL. conscience require.
q The said B. d. Godfrey, ]. E. Marshall, an,
s. S. Mann, partners as aforesaid, Will TAX
notice that they are required to answer the p
tition of the said plaintiffs filed against then
before the 10th day of October 1857, or in de
fault thereof, judgement will be rendere
against them according to the prayer of sal
: petition.
Robert Cochran. James Blackburn, Hollc
9 way d Lippencott Plaintiffs, by
MILLER h SHERRAR0
augl96t. Their Attorneys.