Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-08-16
NOTICE.

evils S. Nye, of the State Of Illinois, will take
y notice that Edward a. Mitchell, Reuben GILLIAN,
ministrators of Thomas Ashworth decd, Edward
NJ. Nye, Peter Hopsto tier, Michael Weller, and
Thomas Ashworth, Of the County of Meigs and State
of Ohio did, on the 18th day of May A. ID. 1859, file
their petition in the Court of Common Pleas, within
and for the County of Meigs, in said State of Ohio,
against the said Lewis S. Nye, Aaron Murdoch and W.
G. Williamson, defendants, setting forth that at the
March tcrn 1859, of said Court, holden the 2lst
day of March, 1859, the said plantds recovered in
Aaron Murdock and Lewis s. Nye, under the name
and style of Murdock &c Nye, as follows, to-wit:
The said Edward A. Mitchell recovered judgment
for S3233 80, and costs, So "A; the said Reuben Gill
lilan judgment for $14al 81, and costs, 81 35; the
said Administrators of Thomas Ashworth judgment
for $i2l3 80, and costs, $4 is; the said Edward M:
Nye judgment for S537 a. and costs, SIS 90; the said
Peter Hops totler judgment for 1920 81, and costs,
$4 ca; the sad Michael Weller judgment for 1861 O5,
ment for S23 54 and costs, 81 "a; which said judg
ments set forth in said petition to be still In full
force and unsasted, in whole or in part and for the
satisfaction of which said Murdoch & Nye have, il
is alleged, real personal prope rty, aside from
that hereinafter specified, liable execution at law
" Is also set forth in said petiton that prior to the
Of May, 1858, the said Murdoch & Nye being seized
in fee of the following real estate situate in the town
Of Pomeroy, in said Megs County, and State of
Ohio, to-wit: Lot number 35, Lot number 23s, Lot
number gil, Lot number 2l2, with the landing in
front of said lots Lot number 24, Lot numb ber 2l5
Lot number ZIG, Lot number 2I7 Lot number 213 thai
part of Lot number described follows, to-wit:
being In the form of n parallelogram, measuring l3
chains and links on the eastery line of said Lot
lumber /, commencing at the northwest corner, and
measuring chains and 60 links from said northwest
corner, along the north line of said Lot number j.
the opposite sides being equal and PARALLEL to those
two measured sides, and also SO much of said Lot
number as lies between said last parcel above de-
scribed and the north end Of Lot number 213 in said
town of POmeroy.
1t is shown in said petition aforesaid that the said
defendants, Aaron Murdcck and Lewis $. Nye, were
partners under the name aforesaid, of Murdoch &
Nye, and that their business was that of buying
wheat manufacturing and selling flour, ana running
Il Touring mill, situate on the premises above de-
scribed, and having on hand and owning as such
partners, large amount of wheat, -four, and other
personal property, and being, as such partners, at
the same time, largely indebted in various amounts,
to divers persons, amounting TO about forty thousand
dollars, and being unable to pay said amount in con-
temptation of insolvency, and for the purpose oil
iindering, defraudng and delaying their creditors
charges that said Murdoch & Nye combined and con-
federated with one William e. Williamson, who had
knowledge of the aforesaid fraudulent purpose, and
conveyed to said Williamson the undivided moiety
of the aforesaid real estate, for the nominal consd-
Grafton of ten thousand dollars, plaintiffs III said
petition CHARGE upon secret trust, for the use and
benefit of said MurdOck Il Nye, and without any real
or adequate consideration. Said petition further
shows that at or about the same time said Murdock
& Nye, for the same fraudulent and unlawful pur-
pose, sold and transferred to said Williamson the u
divided half of said wheat, -four, and other personal
property; and that said sale and transfer was made
by said Murdoch e. Nye, and received by said Will
secret trust aforesaid for the benefit of said Murdoch
Nye. Said petition further shows, that from said
first dny of May TIL on or about The second day y,3 Of
Hanson carried on said business and run and used
said mill partners, the said Murdoch Nye being,
or pretending to be- interested in said new
the amount of half, and said Williamson to the
amount Of one-half, upon an agreement, or pre-
tended agreement, that the profits and losses were
to be shared and borne accordingly, and that upon
full and final settlement of said concern and of
the Stock profits and losses thereof, large amount
would be found due from SAID Williamson to said
Murdoek d Nye. Said petition further shows, that
about the 9Th day of October, 1893,
the said Lewis S. Nye being seized in fee of he fol-
lowing real estate, situate in said town OF Pomcroy,
towit: that part of Lot number PAL. IN said town OF
Pomeroy which was conveyed to the said Lewis $.
Nye by r. c. Grant and Louisa Murry, as executor
by their deed of the date of the first day Of January
A. D. lS47; the same being ITO feet of of the upper
eastery side of said Lot number 24I and also the
river bank in front of said llO feet, extending from
all of the land lying back of, and adjoining to- said
parcel of llU feet, and being between the same and
irty foot street laid out in front of the coal hill,
which last mentioned parcel was conveyed to the |
said Lewis S. Nye by U. Tracy Howe, j. G. Wright |
md 1hos. Irving by their deed of the Goth of Febru
Try, A. d. 1915, and also parcel of land lying west
Of, and adjoining to, the last mentioned parcel, and
being OF the width OF 20 feet on the rear end of said
10! number 24l and of the like width OF 20 feet on
said thirty foot street, and extending from SAID Lot
number 24l TO said street.
Said petition alleges that said Murdoch IL Nye be-
ng still largel, indebted aforesaid, the said Lewis
Nye, by His deed of that date, conveyed the real
estate last aforesaid, to said William q. Williamson
or the nominal considsration of $1,000, but US said |
etition alleges, for 10 real or adequate consdera-
ion, and upon secret trust for the use and benefit
If said Lewis S. Nye, and that the conveyance last
aforesaid made and executed through fraud, and
Or the purpose Of hindering, deiraudng and de-
aging the creditors of the said Murdoch IL Nye Said !
petition further shows that after the time of the |
making of the conveyance last aiOrcsaid on or about
he first day of December, lt.S, the said Lewis S. Nye
md the SAID Aaron Murdoch each sold, assigned and
delivered to said Williamson various and divers ar
cles of personal property, t.e indiNidua property
)f each upon certain pretended terms and cOusdera-
ions, which the plaintiffs in said petition aver
to them. but for the same fraudulent and |
lnlawIHl purpose OF hinder'ng, aelalihS ana he-
rauding The said creditors OF the said Murdock d
Nye. The plaintiffs in said petition lurther charge
hat said William c. Williamson is largely indebted
said Murdoch d. Nye. and to each Of them, and that
other persons unknown 10 the said plaintiffs are,
hey aver, indebted 10 the said Murdoch " N!e, and
o each of them, and that said Murdoch IL N!e have
md equities, effects and chooses, not liable to
cution at law, which they secretc and which said
antfs in said petition aver, ought TO be subject 10
he payment of said Judgments The Rlaintifs i'll
aid petition, by reason OF the premises, demand and
ral that said deeds of conveyance may DC set aside
$ to the creditors of the said Murdoch d. Nye, that
aid sale and transfer of personal property may be in
ike manner set aside, and declared iraudnent that
aid real estate and personal property may be sold
or the satisfaction Of said judgments, that said Will
amsCn may be adndged to pay in satisfaction of
aid judgments any amount in which he may be in
cbted to said Murdoch & Nye, or to either of them,
hat any other debts due TO, or chooses equities Of
hid Murdock d Nye to be disclosed, may be sub
,cted, in like manner to the payment Of said judg
rents, that said Murdock q Nye may be adjudged
nd compelled to disclose all their said equities,
hoses and debts due them either of them, that an
ccount may be taken of said new firm and partner
nip, and the amount found due from said William =
IN applied in pa! ment of said Judgments and that
plaintiffs may have such other and further relief
just and equitable. The said Lewis 5. Nye is no.
fed that he is required to appear and answer said
ition or before the third Saturday after the
lth of September, "A. d. 1859.
MITCHELL d. OTHERS,
By CARLETON a. WEIGH,
Aug. 0, ,59-326t. $3l.50 Their Attorneys.