True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-09-02

and doing business under
the name and style OfGod-
frey & co, Defendants.
B. D. Godfrey, J. f. Marshall & s. s. Mann,
defendants above named, will take notice
that Robert Cochran. James Blackburn,I
Chockley T. Holloway ~ Joseph A. Lip
pincott, partners doing business in the
name and style of Holloway &c 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 II. 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-
Der, 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 +; 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
tiity-eight dollars and sevcnty-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 O
stock of merchandise, then belonging tc
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, J. L. 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, and costs, the othe
for two hundred and fitty-one dollars anC
sixty-six cents, and costs and that exc
cutions were issued on said judgments, AM
: placed in the hands Of the said Eli Kim
berlv constable, and were levied on tn
t same goods, on the said 18th day of Sep
tember, 1856. The said plaintiffs furthe
: represent and charge that on the said l2tl
day of September, 1856, and at the time {
the recovery of the judgment in favor {
said Godfrey & CO., or some time after
wards, on that day the agent of the sal
Godfery & co. received an assignment {
sundry accounts which the said John I
Simeral had against suhdry indivdual
. the names of said debtors being unknow
t to the plaintiffs, and that it was then on
there agreed that the said Godfrey & @
should proceed to collect said account!
;. and apply the same to the satisfaction
: their claim.
. That said agents received said accounts il
i 10 bnDlT DUoStoolOu upOu UiiO bOiHo "OiCodl
r and continue to hold them. The petitio
of the plaintiffs further represent that the sal
Eli Kimberly is about to sell the stock of good
aforesaid by virtue of the several execution
aforesaid directed to him, and gives out
speeches that he will apply portion of Il
II proceeds thereof to the payment of the jud
= meuts of the said Godfrey and Co., witho
n reference to the assignment Of the accoun
n aforesaid that the said John B. Simeral is i
I solvent and has no property subject to
= seized and sold on execution other than
y stock of goods aforesaid and that said sto
y of goods are not sufficient to satisfy the CLAIM
- of the plaintiffs and of the said Godfrey &C
y The plaintiffs ask that the said Eli Kimber
!, be ordered and required to bring the procee
y y of sale of said stockof goods into Court, al
y that the said Godfrey & Co., be required
- collect the amounts due upon the several o
- counts so assigned to them. and apply t
= same to the satisfaction of their claim befo
y they shall be allowed to receive any port
n n of the proceeds of said sale of goods: and til
~ an order be made that said proceeds be apple
:. to payment of said several claims of the plai
= tiffs, according to their rights, and that tn
% may have sucl, other relief as equity and go
y conscience require.
'c The said B. D. Godfrey, J.E. Marshall, al
~ " S. S. Mann, partners as aforesaid, will La
" " notice that they are required to answer the
~ titon of the said plaintiffs filed against the
c ,c before the 10th day of October 1857, or in d
~ ~ fault thereof, judgement will be render
~ y against them according to the prayer of So
petition.
Robert Cochran. James Blackburn, Hol
i way d Lippencott. Plaintiffs, by
f, MILLER Il SHERRARC {