Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-10-12
A SSIGNEE,S SALE.

A SSIGNEE'S SALE.
~ Pursuant to the command Of an order OF sale
from the Probate Court Of cuyahosa County. ohio;I IN
the natter Of the assignment OF Edstn C'f reheh Ed
ward N. Coook, Joseph Chsnberlain and Aepry y
Frey. partners under the name Of y" frsnen, Cook q
CO.. TO me directed, and In pursu.nes o. me pows.
and authority In me vested by the deed OF assignment
Of said parties and ~ Law, I shall expose at pubic
auction on the premises hereinafter described, In the
township Of weathersneld in the County Of rrumsuIl
and State Of Ohio. on the 9th day Of November. 1889.
commencing ut 10 o'clock, A. NJ. and to continue
from day to day until all said properly shall BE- sold,
the following property, to wit
Rirst-The folloEing described lands and tenenents
situate in Wealhersneld Township. Trumbull Ceunty.
Ohio. and Is known AZ being part Of q lot OF land
heretofore decided BY John Battles and Sarah Jane
Battles to George Campbell. deceased. and 10 bounded
and described as follows: On the north by land OF
Warren Hraton's heirs and James Ward 4 Co.; on
the east by lands owned BIZ Milo McCombs; on the
south by lands heretofore owned by Samuel Burnett
aHd on the west by the PLANK Road leading from Aus
tintoWn to Niles anil a lot owned by Abram 3. Hard
man, excepting and reservins one half acre Of land
lying at or near the southwest corner Of said lot
heretofore sold to Nathan Ague-also excepting and
reserving three quarters Of an acre Of land lying near
the northwest corner Of said lot esstofsaid Hsrdnan's
lot. which lot was heretofore sold to said Hsrsmsn-
also excepting and reserving one acre Of land near
the east side Of said lot extending across said lot
from north to south heretofore sold to Samuel Bellsrd,
AFTER reserving as above the balance is Supposed to
contain i3E acres Of land. be the same more or lest
also all the coal under and beneath the surface Of the
half acre sold to Nathan Ague, and the three quarters
OF an acre ssld TO Hsrdmsn. and the acre sold to said
Bellard as Aforesaid. The following deserii ed lands
and tenements situate in tbs Township OF Westhers-
held in the county Of Trumbull. Ohio, anil 10 known
by beiR z the north part Of lot No. n in tract No. Is
in aaid township. and is bounded and described rs
follows: On the north by land in Feb. 1857 owned by
Henry y Rise. Edwin c. French and Joseph Cham
berlain and lands formerly on ned by James NcCombs
on the vast by the Mcconnell farm and n township
road which is also the east line Of lot No. IL; on the
south by land heretofore decided by Jonathan Dunlap
and wife, to James Ward. William Ward and Thomas
Russell. and on the west by the centre Of the Plank
Road leading from AustintoWn to Nl!estoxn. resery-
ing the surface Of one acre Of lad lying IN the south
west corner Of sad premises decided by Samuel Bur
nett and wife to John Thume also reserVing one
square ecre Of land lying in the south east corner Of
said premises. being the same heretofore decided by
Joseph Matthews and wife to Samu. Il Burnett. and AZ
ter reserving said two acrcs of land. the balance is
supposed to contain eighiy seven acres of land. be the
same more or less. Said real estate will be sold saw
ing and reserTing from the same the surface sf one
e2-lOO acres heretofore contracted TO Edward MEOW
en-, i've acres heretofore contracted 20 Thomas Terrell.
ore and s-lO0 sSreS heretofore contracted to Edward
Ncflugh, i've and % 100 aces heretofore contracted
TO Thomas 0'Mrally, one acre heretofore contracted to
George Loenbergsr, enc and ~ 100 acres heretofore
e.rtrscted to Peter DonIey. g. lDc Of an acre hereto
fore contracted to Elijah Bouker. one sers heretofore
e~ontracte to Henry Ludt. four and - l0U acres here
tofore contracted to Christian Ludt. two acres here
tofore contracted TO Timothy Quigley, 80 100 OF an
-aA - ~
OF an acre heretofore CONTRACTED to William @. Davis:
hut including all the coal, iron and other valuable
minerals that may be under the surfAe. Of ,aid prem.
ives so contracted with full mining privileges and
right Of way under and upon the surface thereof. with
the right and privilege Of prohibiting the selling or
otherwise disPOsing OF any intoxicating liquors on
said premises
Appraised at so .GGo.
Second-The q Interest Of the lessea in . certain
lease and contract bet~een James Ward g. Co.. and
Rice. French e. Co , (ouned at the time Of the assign.
mruEh Inv wrench Cook n To =. nf The nrfvll.we af
mining the Stone Coal and Black Band Iron Ore that
may be in or on the old Meg sw farm, aud owned BY
Ward q Co, Except so much as vas hsrstofors leased
TO James DEM sey BY The said Ward q Co., known rs
all north OF the old entry together with tie three
dwelling hcuses and land Sufficient fer garden lur
poses, that are created or situated oe said farm and
also the usual road privileges to and from the platform
and the use Of said platform. and the engine and boiler
when required. subjs : to the payment Of the lessess
and performance OF the covenants on their part 20 be
performed in said lease mentioned. which lease is re-
corded in Book Of Mortgages, PAGES 333 and 334 Of
the Records Of Trrnsull County, Ohio
Appraised 81 $50.
Third-The interest of the sssignorsin the premises
and contracts f0IlJa ng. TO wit: This agreement, .his
10Th of April. A. D. le56, between John Kincads, Ex-
eeutor Of the last will and testament OF Samuel Phil
ips, late Of Youngstown. deceased, of the frst part.
and Joseph Chamberlain, EdwiP e French and Henry
2. Rice, of Cleveland, Ohio, of the Cd part, witne.seth
that the said hrst party has agreed to sell to the Cd
party the foIloSing described land to wit: Situate In
Heathersneld, TrumcnlI County, Ohio. containing ffty
one acres and twenty-five rods, being the east half OF
Lot No. 10 in Treet No. i6. called slows tract, to be
divided by q line runs ~northerly and ~southerly so
as to include one equal half Of the lot being the same
land conveyed by J. Stow and wife to Samuel Philips
by deed recorded in Trumbsll County Records Of
Deeds, Book IS, page 80. The said party Of the sec
Ond part agree TO pay the party Of the first part for
said land at the rat. of forty dollars ser acre. amount
ing to the sum Of two thousand and forty six a5-luO
dollars, IS 9OI6 e5,) psyan as follows: Five hundred
dollars (S5OO) in hand i've hundred dollars $500 by
the luth day OF April. lsj7. and the remainder AFTER
the decesse Of Eli Philips, IS follows; il be should die
within two years from this date, then Sjv0 to be b-id
hy April 10. 1858, and the remand. n by April 10. 1851.
u said Eli should live hey and April 10, 1850. then the
balances (being $lo46.25) not TO be paid till after his
death and sixty days thereafter. All unpaid install
ments are 10 tear interest .ruE date and interest to be
paid annually. This second party to pay all taxes.
with those Of lH56. and TO have possession
70 rthwith on executing this contract and paying the
hrst $500. On making fall payment OF said sum and
interest and taxes, the said frat party after deesase Of
said Eli. agrees to make and deliver or cause to be
made and delivered to the said End party . coed and
sufficient executors deed Of conveyance Of said land
under the will OF the said Samuel Philips
JOHN KISCADR.
Witness. B. =. HOFFMAN, Ex. ofs .PHILIPS. C.r,L)
CHAMBERLAIN. tskAL)
Witness, H. FREY, EDwINC FRENCH. GRAZ
HENRY =. RICE. HEALl
April 81. Is56. Received by the hands Of D. y
Holman the hand payment Of ave hundred dollars
mentioned in the above contract in q check Of Rice.
French & Co., of April "a. Is56. on Bank Of Commerce
Cleveland, payable to order u D. Y. Hoffman. and en-
dorsed by him tssy SjOt). JOHS kINCADE-
r. ceived OF Rice, French & Co., at the hands Of
Isaac HoIford, Ave hundred dollars. being the payment
me tenth Of April, A ID. Io57 and ninety two and
&c leo dollars being interest in fU'l to date.
April IL, 1857 JUIN KIScADE.
This agreement between Henry p. Rice. Edwin c.
French aud Joseph Chamberlain (Ricr, French & CO..
Of the one part, aud jams Bennington Of the second
part, made this 23i day CT December, A d. 1856, Wit
nesseth-thzt the patty OF the hrst part, (Rice. French
& Co y have agreed TO sell subject 10 the reservations
hereinafter named to the said Bennington the foIlou.
ing described land. to Wit: Situate in westhersesld,
TrumbnlI County, Ohio. containing nty one acres and
{ wsniy five rods more or less. being the east half OF
lot No. I2 in Tract Nc. ID. called stoves tract, 10 he
divided by = line runs n~ortherly and s~outherly so as
to include one equal half Of the lot being the same
land conveyed by }. Stowe and wife. to Samuel Philips
by deed recorded in Trumbull County Record OF
Deeds, Book Go, page 4~3. and tn. same land desbribsd
in a contract between the hrst party and John Kinc-
Ade, Executor OF s. Philips. The drst party reserves
Rail Road purposes and owned by the Mineral Ridge
Rail Road Company estimated BY survey at four and
49-lO0 acres already located. They also reserve .
right Of rail way Of said Co., size for main line Road
running or to ran from the present road st or about
station No. 50, southwesterly to line Of Wm- Brooks
land OF from most suitable point hereafter to be deter
mined to said line They ALEC reserve all stone coal.
iron ore and mineral that may be in or upon said land
with right at any time freely to 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 50 10
do, and for this purpose to make all such entries.
shafts, air-holes, drains, bitches, and erect such na
chinery. platforms &c. as may be necessary and prop
er for the most economical and sdvah tageous mining
and marketing said coal. ore and minerals With suit
able road vays for rail road or otherwise TO szid
mines-the said fIst party or their assigns using said
rights and privileges reserved, doing thereby no un-
necessary damage 10 said land for farming and other
purposes. Tie said James Bennington on his part in
confederation Of the above agrees to build and keep
up q good and substantial fence on each side Of said
Rail Road for mutual protection Of the same. and the
stock that may be on said farm, estimated 1t abodt
4GO rods Of fence for which he is allowed . d-duetisn
of 959. 30 in the whole piece. He is also allowed q
deduction Of Si79.6O from said whole price on account
Of said 4 AZ l00 acres OF Rail Road strip, The whole
land is estimated Subject to reservations for minersl.,
coal and ore) At forty dollars per acre. amounting
to 81. GAG 25-end the balance after making said de
dsctions, is sIsg7.35. The said Bennin gton Is to pay
for said land SUBJECT to all said reservations TO said
frs; party the sun OF seventeen hnndred ninety seven
and - 100 dollars Cbeing said BALANCED payable rs
Eight hundred dollAIs, April !, ls51, and ths
balance 1897 Is, in two equal annual instruments
thereafter with interest thereon to be computed and
paid annually after April ]. ls57. said Remington to
have possession April LIST, ie5T, said Bennington 10
pay all take. assessed on said premises, beginning
with those for the year 1857, and Is soon after said
FIRST party shall obtain from the executors OF 8. Phi
Inns under their said contract n deed Of said Iand as
may be q reasonable time thereafter to make il out
they will make. execute and deliver to said Benning-
ton a good and sufficient deed Of conveysncs Of said
land subject to said reservations and fence agreement
he frst having paid all said money, interest and taxes
as above stipulated