Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-09-13
NOTICE


evils S. .Nye, of the State Of Illinois, Will take
Il notice that Edward a. Mitchell, Reuben Gillian,
William Foster, and John Ashworth, dec'd, Ad;
ministrators of Thomas AshwOrth decd. Edward
M. Nye, Peter Hopstouer, Michael Weller, and
Thomas AshS orth, Of the County Of Meigs and State
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 Murdock and w.
March term, 1859 Of said Court, holden on the elst
day Of March, 1859, the said plaintiffs recovered IN
s
and style of Murdoch & Nye, as follows, to-wit:
The said Edward A. Mitchell recovered judgment
for $3s33 80, and COSTS 81 IA; the said Reuben Gil
lilan judgment for Sl46I go, and costs 81 IS; the
said Administrators of Thomas Ashworh Judgment
for slsi3 80, and costs, "a IS; the said Edward M
Nye Judgment for S537 a, and COSTS So 2nt the said
Peter Hopstoter Judgment for 1920 81, and costs,-
o. "a; the std Michael Weller judgment for 1851 o5,
SS GSs ol SS 80 SE
ents set forth in said petition be still In fu
force and unsitised, in whole or in par, and for the
satisfaction of which said Murdoch e. Nye have, ir
is alleged, real personal property aside fronrt
that hereinafter specified liable to execution at
1t is also set forth in said petition that prior to- he
recovery of said Judgments about the first day
Of May, 1858, the said Murdoch & Nye being seizedA
In fee Of the following real estate situate in the town
Ohio, to-wit: Lot number 35, Lot number 23S, Lots
number Gil, Lot number 2l2, with the landing iR'
front of said lots, Lot number ga Lot number al5s
Lot number 2l6 Lot number 27, Lot number 213, that
part of Lot number described rs follows, to-wit:
being in the form of parallelogram, measdring i3
chains ana links on the eastery line of said I.ot
lumber /, commencing ut the northwest corner, and
measuring chains and 90 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 much of said Lot
number as lies between said last parcel above de-
scribed and the north end of Lot number 2i3 In sad
town of Pomeroy.
/, is shown in said petition aforesaid that the said
defendants, Aaron Murdcck and Lewis s. Nye, were
partners under the name aforesaid, of Murdoch &
Nye, and that their business was that of buying
wheat, manufacturing and selling -four, and running
Touring mill, situate 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-
hindering, defrauding and delaying their creditors
in the collection Of their just debts. said petition
charges that said Murdoch & Nye combined and con-
federated with one William c. Williamson, who had
knowledge of the aforesaid fraudulent purpose and
conveyed to said Williamson the undivided moielJ
of the aforesaid real estate, for the nominal consid
GRAFTON of ten thousand dollars. as plaintiffs in said
petition charge, upon secret trust for the use and
benefit of said Murock & Nye, and without any real
or adequate consideration. Said petition further
shows that at or about the same time, said Murdock
81 Nye. for the same fraudulent and unlawful pur-
pose, sold and transferred TO said Williamson the un-
divided half of said wheat, four and other personal
property; and that said sale and transfer was mnde
by said Murdoch & Nye, and received by said VIII
Hanson for the purposes aforesaid, and upon the
secret trust aforesaid for the benefit Of said Murdock
Nye. Said petition further shows, that from said
frs, day Of May till on or about the second day Of
December, 1856, said Murdock 81 Sye and suid Will
Hanson carried on sale business and run and used
said mill partners, the said Murdoch g. Nye being,
or pretending to be, interested In said new concern
The amount of one-hulf, aud said Williamson TO the
amount of one-hulf, upon an agreement, or pre-
tended agreement, that the profits and LOSSES were
to be shared and borne accordingly, aRd that upon
full and final settlement of said new concern, and Of
the stock, profits aud Losses thereof, large amount
would be found due from sand Williamson to said
Murdoch d Nye. Said petition further shows, that
acward, Oh or about the 9Th day of October, 1858,
the said Lewis $. Nye being seized in fee Of he fol-
lowing real estate, situate in said town of Pomcro!,
tO-w that part of Lot number 24l in said town Of
| POmeroy which conveyed to the said Lewis :.
Nye by X. {. Grant and Louisa MurH as executor
and eXecutrix of the will Of William Murry decd,
10y their deed of the date of the first day cf January,
A. H. IS47 the same being ll0 feet of Of the upper
or easery side ui said Lot number al md also the
river bank in front OF said ITO feet extending from
the street 10 low wuier in the Ohio klver, and also,
all Of The lund lying back of, and adjoining to, said
parcel Of llO Feet, aud being between the same and
ri, foot street laid out in front Uf the coal hill
which last mentioned parcel was conveyed to the
said Iewis 5. Nyc by L. Tracy Howe, J. G. WI right
and 1hos living, b, hrir deed of the 2yth of Fcbru-
nry A. b. le4e, AID aisu, parcel of land lying
of, and adjoining to- lh. last mentioned parcel, and
being OF the widh OF u feet on the rear rhd of snd
Lot numbtr Al and OF the like width of ~ feel
SKID thirty foot street, aid extending itom said Lot
number .4I 10 said street.
! Said petition alleges that said Murdnck Il Syc be
ing sttli largri. brd aforesaid, ic sul0 Lewis
:. Nye by his iced Of that date, conveyed the real
estate Iasl aforesaid, said William g. Williamson
for the nominal coIsidsration OF $2LGO, but It's said
petition alleges, for ho real or adequate CuISdr
ton uid upon secret Iri.st for the use and bcncl
of said Lewis s. Nlc and that the couvcyaucc last
aforesaid IuaNr and cAccutcd though fraud. ami
for the pun osc oi hlIdrrng, dciran'ilug and de
laNii the creditors Of the said Murdock u Nyr. said
petition turthcr shows that after the time Of tuu
making o the conveyance last aforesaid, On or about
the hrs day ot Urcrmber, lSS the said Lewis ;. NNo
aid the sand Aaron Murd"'k each sold, assigned and
delivered 10 said Williamson various ana diyerN ar
Tic eS of personal property lhr property
Of each pom crlta,n prcichGcd tcrmlsind c"nsidci'
tons lcl, the plaintiffs in said pclitlon aver are
unknuwh to them. bat Tor the same fraudulent and
unlawful purpose of hinderig, delaying and de-
iraudng The said creditors si the SAID Murdock &
Nye The painlirs in said petition urtllcr Charge
that said iium G. Williamson is largcl, indebted
to said Murdoch NIe.mEd TO each VI thcui, and that
other persons uhkioMh TO the said plaintiffs are,
the, aver, indebted to the said Murdock N!e, and
10 each Of thvm, and that said Aurdock & N.e have
and own equities, effects and chooses not Liable to eX
ccutiun AT law, which they sccrctc, and which said
plaintiffs in said petition aver, ought tu be subject
the pa! ment Of said judgments The plaintiffs in
said petition, b! reason o the premises, demand aud
pray that said deeds of mny be set aside,
us to the creditors of the said Murdoch d Nye, that
said sale and transfer of personal prope! may be IN
like manner sci aside, aud declared fraudulent, that
said real estate and personal property may be sold
tor the satisfaction OF said Judgments thai sad Viii
liams may be adjudged 10 Iay III satisfaction of
said judgments any amount in which he may BIZ in
debird 10 said Murdoch IL Nye, or to either Of them
that any other debts due TO- or chooses equities Of,
said Murdock d. N!e to be disclosed, ma! be sub
(
menis that said Murdock Il Nye may be adjuaged
and compelled to disclose all their said equities,
chooses and debts due them 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 that
the plaintiffs may have sach other and further relief
as is just and equitable. The said Lewis S. Nye is
tilted that he is required to appear and answer sud
petition on or before the third Saturday after the
24th Of September, A. d. 1859. ....
MITCHELL IL OTHERS,
BY CARLETON d WEIGH,
Aug. Q, 5932-6t. $3l.50 Their Attorneys.