Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-10-19
4 ssIGNEE'S SALE.

-S.
4 SSIGNEE'S SALE.
~ Pursuant to the command OF a. order q sale
from the Probate Court OF Cryshogs GsantS. Ha'o: IN
The matter Of the assignment Of Edsin e. French Eli
ward IL. COook, Joseph ChanbsTlsih ana henry a
Frey. partners under the name OF " trench' COOK q
Co" to me directed, and in pursuance OF the power
and authority in me vested by she dsel Of Assignment
OF said parties and hy lNw. | shall expose az pune
auction on TIE premises hereinafter described IN the
township Of Heathershsld in the County OF ,osa
and State Of Chic. on the Oh day Of November. lS5s'
commencing at 10 o'clock. A. NJ and to continue
from day to day until all said property shall be s0ld'
the following property, to wit:
lrs.-The OlloSiEgdescrbed lands and tererrents
situate in Wealhersfeld Township. 1T1mbulI Csunty.
Ohio. and IS known as being part OF a lot OF land
heretofore decided by John Battles and sarah JaEs
Battles to George Campbell. deceased, and IS bounded
end described as follows: On the north by land Of
Warren Hraton's heirs and James Ward 4 Co.; on
the east by lands owned by Hilo hcCouhs; en- the
south by lands heseiofore owned by Samuel Burnett.
and on the vest by the Plank Road leading from Aus
tintoEn TO Niles and a lot Owned hy Abram s. Hard
man, excepting and rsservily one half acre OF land
lying at or near tie south west corner OF said lot
heretofore soig to Nathan Agus-also excepting and
reserTing three quarters Of an acre Of land lying near
the northwest conner OF said lot east Of said Hardman's
lot. which lot Was heretofore sold TO said Hartman
also e~xceptiEg and reserying one acre OF land near
the east side Of gail lot extending across said loi
from north 10 south heretofore solt to Samusl beilard,
after reservirg as above the balance is supposed TO
Ras-HA - ~ - a~AA-H - 80
{ ISo all the cl7l under and beneath the surface Of the
bal acre soil TO Nath1n Ague. and the three quarter.
Of an Ncre ss'i to Hartman. aud the acre sold TO said
BeIIard aforesaid. The following deserih ell lands
and tenen. IT'S situate in tbs Township OF Ne1thers-
held in the eocuty Of Trumbull. Ohio, and is known
by heisg the nor part Of lot No u in tract No le
in zaid township. nd is bounded and desc ibed as
follows: On the aortI BY land in Feb. 1857 Owned by
Henry 2. Rise, Edwin c. French and joseph Chan
berlain and lands Formerly ovneiby James McCombs
on the east by the Mcdonnell farm and a township
raal which Il 4Iso the cas-, Inc of lot No Ia. On ths
south by land heretofore deemed by ioSathan DUNLAP
and wife, to James Ward. William Hari aud ThomHi
Road leading from Aus.intoSn to NllestoSn. TeserT
ing The surfIcs Of one acre OF land lying in the Noctf
west corner OF SAID premises decided BY Samuel b~r
nett and wife to John ThuEe--also rsserving one
square ecre Of land lying in the south east corner 81
said premises, being the same heretofore decided By
Joseph Matthews and wife to Ssmu>l Burnett, and ST
ter reserving said two aor.s Of land. the balance i.
supposed to contain elghiy seven acres Of lGnf- be The
same more or less Said real estate will he sold saw
ing and reserying from the sane the surface sf one
s2-iGO acres heretofore contracted TO Edward McGo1.
en-, five acres heretofore contracted 20 Thomas Terrell
one and - 100 Scres heretofore contracted to Edward
&cIIu=h, fv- and 80 iOG aces heretofore contracted
10 Thomas OtNeaily, one acre heretofore contracted to
George Loenhsrser, enc and ~ 100 acres heretofore
Extracted to Peter Doniey. g. lC Of an acre hereto.
fO-s contracted to Elijah Bowker, one acre heretofore
con:I acte ! TO Henry Luit- four and 90 100 acres here
tofore contracted to Christian Ludt, two. acres here
tofore contracted 10 TiEothy QuigIey, 80 lcO OF an
acre heretofore contracted 10 Philip Lewis, and IS IUt
Of an acre heretofore contracted TO William g. Davis;
hut incladiEg all tnS coal. iron and other valuable
Minerals that nzy Se under ths surfSe OF said prem
jses SO contracted with fill mining privileges AID
right Of way under and uPol ths surface thereof. with
the right and privilege OF prohibiting The selling or
otherwise d~isposing " any MITIGATING liquors or
said premises.
Appraised At S1e,oeo.
second-The interest OF the lesees in a certain
lease and contract between James Ward &c Co., and
Rice. French K Co (OWn-d at the time Of tn. assign
meut hV Fr~uch- Cook n Co = of The uriYiipue ~
mining the stone Coal and Black Band Iron ore that
may he ia or ca the Old NeGrez farm, and owned by
Ward & Co. Except 90 much As was heretofore leased
to James DEM sey BY The said Ward ID Co., known IS
all porih OF the old enuy) together with the three
dwelling houses and land sufficient fer garden Iur
poses. that are crested or situated Or said farm and
also the usual road privileges 10 and from the platform
and the use OF said platform, aud the engine and boi .er
when required. suhis t TO the payment OF the lessees
aud performance Of the covenants on thsir part 20 be
performed in said lease mentioned, which lease is re-
corded in Book 4 Of Mortgages, rases 333 and 1874 Of
the Records OF rrsnbull County, Ohio.
Appraised at $50.
ThirI-The interest OF til. a~ssignors In the premises
and contracts foIlIwing. TO wit: This agreement. tn Q
IO.h Of April. A. ID. 1856. between John Kinc2is. Ex-
ecUtOr Of the last will and testament OF Samuel Ehil-
fps, late Of youngstown. deceased, Of the FIRST part.
AID Joseph Chamberlain. Edwin G. French and Henry
y. Rice, OF Cleveland, Ohio, Of the I'd part, wi,n-sss;h
the said nrst party has agreed to eel to the 81
party the folio wing described land to sit: Situate IN
WeSihsrsheld, TTumcnLl County, Ohio. Containing hny
80 49, 49, 10y HS ~S Nooe - VI
Lot No. I2 IN Trect No. IS. callet Slows tra<t, 10 be
divided BY a line runs n~ortherly and ~southerly so
as to include one equal half Of the lot being the sams
land conveyed by J. STOW and vile u Samuel Philips
by deed recorded in Trumball County Records Of
Deeds, Book IS. page 49, The said party Of the see
ond Part agree to ply th= party Of the frss part for
said land 81 the rate CT forty dollars ser acre. amount
ing to the sum Of two thousand and forty six IS 100
dollars. (s3D46 p payable Is follows five hundred
dollars (s5UOl in hand i've hundred dollars (s50O( by
the 10Th Jay OF April, IS57. and the remainder after
the decease Of XII Philips, as follows: 10 he should die
two years from this date, then $500 to be paid
by April 10. ls5S, and the remsind-- by April 10. Is55.
II said Eli should live beyond April 10, is59. then the
balances (bsing S!U45.25l not to lie paid till after his
death and sixty days thereafter All unpaid install
msnts are TO bear interest from Date and interest to be
paid annually. Tbs second party to pay all taxes,
with those OF l-56. and to have possession
forthwith on executing this contrast and paying the
erst $500. On making full payment Of said sum and
interest and taxes, the Said frat party AFTER decea3e Of
said Eli. agrees 10 make and deliver or cause to be
made and delivered to the said end party = good and
executors deed OF conveyance Of said land
under the will OF the said samuel PhiliPs.
Witness. Z. 7. HOFFMAN,, tx Of s. PHILIPS. (sEIL)
J-CHAMBERLAIN. SEAL
WitnsSs, H FREY, EDWINU FRENCH. (szIL)
HENRY =. RIGS. Snail
April 81. I-55. Received by the hands Of B. ?
Hoffman the hand payment Of hve hundred dollars
mentioned in the above contract in 3 check Of Rice.
French IL Co.. of April IA. lej6, on Bank Of Commerce,
payable to order of B. z. Hoffman, and en-
dorsed by him (say $JOO)- JOHN kINCADk.
r. Seived Of Rice, French & Co., at the hands Of
Isaac Eoti3rd. five hundred dollars. being the pay
sue tenth Of a,rii. A d. 1851 and ninety. two and
April II, 1851 JOnN KIYCADK.
This agreement between Henry 2. Rice. Edwin C.
French and Joseph Chamberlain (aice, French K Co..
Of the one part. and Jam-s Bennington Of the second
part, made this 23d day Ct December, A D. 1856. wit
sseth-that the party OF the first part, (Hice, French
. Co. have agreed to sell subject to the re CREATIONS
hereinafter named to the said Bennington the foIljW-
ing described land, to Wit: Situate in Weathe-sheld,
rrumhuIl County. Ohio, containing atty one acres and
lot No - in Tract No. III. called stoves tract, 10 be
divided by a line runs ~northsTly and sou;herly SO as
land conveyed by J. Stove and Eife. to Samuel Philips
By deed recorded in Trumbull County Record Of
Deeds, gook 65, page AZ, and the came land 5~eshTiksd
in a contract betEtea the first party and john kiae-
Executor OF 5 Philips. The first party TeseEv yes
Dut Of the ABOVE lands the land occupied By them for
Rail Road purposes and owned by the Mineral Ridge
Rail Ro1d Company estimated by survey at fcur and
90 100 acres already located. They also reserve q
running or TO run from the present road a. or about
No. 80. sOGthwesterly to line OF VIM. Brooks
land or from most suitable point hereafter to be deter
mined to said line They also reserve all stone coal.
ore and mineral that may bSi in or upon said land
right At any time freely 10 explore for the same
and to enter upon said land to mine and remove and
sell said coal, ore and mineral or lease the right so to
and for this purpose to make all such entries.
shafts, air-holes, drains. bitches, and erect such ma
.hine.y. platforms &c. As may be necessary and prop
er for the most economical and advantageous mining
and marketing said coal. ore and minerals with suit
able road ways for rail road or otherwise to said
nines-the said frs party or their assigns using said
rights and privileges reserved, doing thereby no ua-
damage 70 said land for farming and other
Tie said James Bennington On his part in
consideration OF the shove agrees 10 bui'd AMI keep
up . good and substantial fence on esch side OF said
Rail Road for mutual protection Of the same. and tbs
stock that may be on said farm, estimated It ahoIs
iGO rods Of fence for which he is allowed 4 deduction
Of $3.50 in the whole piece He 10 also allowed =
deduction Of SI79G0 from said whole prizes on account
Dl said 4 A. 100 acres Of Rail Road strip. The whole
is estimated Subject TO reservations FOR minerals,
coal and Ors) At forty dollars per acre. amounting
10 S2.C4j2j-ynd the ralAnce after making said de
factions, is ai1ys.35. The said Bennington 10 to pay
for said land subject TO all said reservations 10 sAid
irsi party the sam Of seventeen hundred ninety seven
md b 100 dollars Cbeing said ialsnee) payable zs
'olIJws: Eight kunarei dollars, April ! ,lr57, AM th=
balance 1897 IS in two eqIal annual instruments
with interest thereon to be computed and
paid annually after April !, lS51, said .eBniu .tol 20
nave possession April LIST, 1857, said Bennington %
,ay all taxe% assessed on said PREMISES, beginning
" III those for the year lSj1, and as Soan sGe: ssli
irst pzrty shall obtain from the executors o. D. Phi
ips under iheir sad contract q deed ofszia IlL: a.
lie a reasonable tue thereafter TO make Il cut
viii make. execute and deliver 20 sail Reaaing-
ON A good and sufficient deed Of ron seyarcs Of said
ard subject to said ressryaiiOls and fence agreement
be FIRST having paid Gil said Money, interest and taI=s
Is above stii ulAied.
Witness cur hands, this 2sfi day of December. 4.