Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-08-30
NOTICE

NOTICE.
T evils S. Eye, of the State Of Illinois, will take
L notice that Edward A. Mitchell, Reuben Gillian,
William Foster, and John Ashworlh, decd, Ad-
ministrators Of Thomas Asbworth decd, Edward
N. Nye, Peter Hopstotter, Michael Weller, and
of Ohio did, the 18th day Of May A. ID. 1859, file
their petition In the Court OF Common Pleas, within
and for the County Of Megs, in said State Of Ohio,
against the said Lewis S. Nye, Aaron Murdock and w.
c. Williamson, defendants, setting forth that at the
March term 1859, of said Court, holden on the 2st
gay Oh masch iSoS, tns ssio planns recoxerea IN ~
Aaron Murdock and Lewis s. Eye, under the name
and style of Murdoch & Nye, as follows, to-wit:
The said Edward A. Mitchell recovered judgment
for $3233 80, and costs, So ID; the said Reuben Gill
lilan Judgment for $l46I 30, and costs, 81 35; the
said Administrators of Thomas Ashworth Judgment
for $l2l3 80, and costs, $4 TS; the said Edward M
Nye Judgment for s537 A. and costs IS 30; the said
Peter Hopstotter Judgment for 1920 "a, and costs,
and costs, % "a; the said Thomas Ashworth judg-
ment for S2l3 81; and costs, 81 "a; which said judg
mens are set forth in said petition to be still IN full
force and unsntised, in whole or In par and for the
satisfaction Of which said Murdock & Nye have, 1t
Is alleged, no real personal property, aside from
that hereinafter specified, liable to execution ut law
recovery Of said judgments, about the first day
of May, 1858, the said Murdock & Nye beirg seized
of Pomoroy, in said Meigs County, and State of
Ohio, to-wit: Lot number IS, Lot number 23e, Lot
number Gil, Lot number 2I2, with the landing In
front Of said lots Lot number 24, Lot number 2l5
Lot number GIG, Lot number 2I7 Lot number 273, thai
part of Lot number described Ms follows, to-wit:
being In the form Of parallelogram, measuring 10
chains and links on the easterly line Of said Lot
lumber mnencing at the northwest corner, and
measuring chains and 60 links from said north
III 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.
scrbed and the north end of Lot humber 23 in said
town of Pomeroy.
1t is shown in said petition aforesaid that the said
defendants, Aaron Murdeck and Lewis 3. Nye, were
rfnnsa alu, ufnrAa .Nf MnFhn
Nye, and that their business was that of buying
wheat, manufacturing and selling -four, and running
u Touring mil situate on the promises 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 10 about forty thousand
dollars, and being unable to pas said amount in con-
temptation OF insolvency, and for the purpose oi
in the collect ion Of their just debts, said petition
charges that said Murdoch 6S Nye combined and con-
federated with one William c. Williamson, who had
of the aforesaid fraudulent purpose, and
conveyed to said Williamson the undivided moielJ
of the aforesaid real esate for the nominal eonsd
Grafton of ten thousand dollars, as planths IN SAID
petition charge, upon secret trust for the use and
benefit Of said Murdoch Nye, and without any real
or adequate consideration. Said petition further
shows that at or about the same time, said Murdoch
& Nye, for the same fraudulent and unlawful pur-
pose sold and transferred to said Williamson The un.
divided half of said wheat, flour, and other personal
property; and that said sale and transfer was made
by said Murdock g. Nye, and received by said Will
Hanson for the purposes aforesaid, and upon the
secret trust aforesaid for the benefit of said Murdoek
u Nye. Said petition further shows, that from said
first day of May till about the second day oi
| December, 1855, said Murdoch & Sye and said vii.
hanson carried on said business and run and used
said mill partners, the said Murdoch Nye being
pretending to be, interested In said new concern
the amount of one-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 new concern, and OF
lsl.. 1na rf lnra
would be found due from said Williamson to said
Murdoch d Nye. Said petition further shows, that
afterward, on or about the s.h day Of October 1855
the said Lewis S. Nye being seized in fee of he fol
lowing real estate, situate in said town OF Pomeroy
to-wit that part Of Lot number PAL In said town OF
Pomeroy which was conveyed to the said Lewis S
Nyc by X. e. Grant and Louisa Murry, AZ executor
| and executriX OF the will of william Murry decd
by their deed Of the date Of the first day Of January
A. d. ls47; the same being ll0 feet OIL of the upper
easterly side Of said Lot number 24l and also the
river bank in front of said ITO feet extending from
the street to low water IN the Ohio River, and also
all of the land lying buck Of and adjoining to, said
parcel of llO feet, and being between the and
thirty foot street laid out in front of the cool hill
which last mentioned parcel WAS conveyed TO the
| said Lewis s. NyV by U. Tracy Howe, j. U. Wright
and 1hos Irving, by their deed of the aDih OF Febru
airy, A. ID. 1916, and ulso parcel Of land lying wes
Of and adjoining to, the last mentioned PARCEL ant
being OF the width OF ~ feet The end of salt
Lot number 24I and of the like width Of 20 feet OF
said thirty foot street, and extending from said Lo
number GAL TO said street.
Said petition alleges that said Nlurdock & Nye be
ing still largel, indebted aforesaid, the SAID Lew
s. Nyc, by bis deed of that date, conveyed the rua
estate last aforesaid TO said v lillian T.. williamson
for the nominal cosdsration Of $1,000, but as si'
petition alleges for no real or adequate rnrsi'icra
lion and upon secret trust for the use and benef
of said Lewis 5. Nye, aid that the conveyance las
aforesaid was made and executed through fraud, anC
for the purpose OF hlnderng, defrauding and de
laying the creditors of the said Murdock d Nye. Sal,
petition further shows that after the time of thc
making of the conveyance last aforesaid, or ubou
the first day Of December, 1885, the said Lewis s. Ny,
and the said Aaron Murdoch each sold, assigned an,
delivered to said Williamson various and divers ar
tices OF personal property, tke individual properly
of each upon certain pretended terms cOusidera
tiOns, which the plaintiffs in said petition aver ur
unkn nown 10 them, but for the same fraudulent ant
unlawful purpose of hindering, delaying and de
frauding the said creditors oi the said Murdoch
Nye The plaintiffs In said petition lurther cha rg,
that said William c. Williamson largely indebted
to said Murdock N!e. and to each Of them, and tina
other persons unknown to the said plaihtihs urc,
they aver, indebted to the said Murdoch d. Nye, an,
to each Of them, and that said Murd0ck d N!e have
and own equities, effects and chooses, not liable to
ecution at law, which they secrcte and which safe
pantifa in said petition aver, ought be subject L
the payment OF said Judgments The plaintiffs il
said petition, by reason of the premises, demand ant
pray that said deeds of convey may be set aside
as to the creditors of the said Murdoch d. Nyc, tina
said sale and transfer of personal property may be il
like manner set aside, and declared fraudulent, tina
said real estate and personal property may be solo
for the satisfaction of said Judgments that said vii
Hanson may be adjudged TO pay in satisfaction o
said Judgments any amount in which he may be in
debted to said Murdock d Nye, or to either of them
that any other debts due TO- chooses equities of
said Murdoch d Nye to be disclosed, may be sub
jected, in like manner to the payment of said judg
ments, that said Murdock IL Nye may be adjudge,
and compelled to disclose all their said equities
chooses and debts due them OF either of them, that
account may be taken of said new firm and partner
| ship, and the amount found due from said William
son applied In pay ment of said judgments, and tha
the plaintiffs may have such other and further relie
just and equitable. The said Lewis S. Nye is 10
titled that he is required to appear and sale
pet ition or before the third Saturday after thu
Path of September, A. d. 1859.
MITCHELL 81 OTHERS,
| By CARLETON & WEIGH,
O. rint.