Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-12-21
L SSIGNEEtS SALE

4 SSIGNEE'S SALE.
~ Pursnan; To the connan ofan eiias order OF sale
from the Probate Court Of Cuyshoga County, Ohio. IN
the matter Of the assignment OF Edwin @. French. Ed
ward n. Coook, Joseph Chamberlain and Henry A
Frey. partners under the name Of French, Cook q
Co." to me directed, and In pursuance Of the power
and authority in me vested by the deed Of assignment
OF said parties and D.. Law. | shall expose at public
auction on the premises hereinafter described, in uh'
township Of weathersheld in the County OF Tramlul
and State Of Ohio, on
Thursday, December 29h, 1859,
commencing at 10 o'clock. A.. NJ. and TO continue
from day ia day until all said properly shall be sold
the following property, to wit
FIst-The following described lands and tenements
situate in WeaihersfeId Township. TrumbulI Ceunty
Ohio. and is known as being par, OF a lot Of land
heretofore decided by John Battles and Sarah Jane
Battles to George CsDpbeil. deceased, and is bounded
and described as fOllOEs: on the north by land Of
Warren Heaton's heirs ard James Ward & Co; on
the east by lands owned hy Milo NcC0mhs; on the
south by lands heretefore owned by Samuel Burnett
and on the west by the PLANK Road leading from Aus
tintoVn to Niles and n lot owned by Abram s. Hard
man, excepting and reserving one half acre Of land
lying at or near the south v est corner Of said lot
heretofore sold to Nathan Ague-alse excepting and
reserVing three quarters Of an acre Of land lying neal
the northwest corner of sad lot east Of said IIardman's
LOT. which lot was heretofore sold TO said Hartman
also excepting AMI Teservir z one acre uf land near
me east side OF said lot extending across said LOT
from north TO south heretofore sold to Samuel Beliard,
after reservinE as above the balance is Supposed tC
CoLlAlf i1-. acres OF land. be the same mere or less
also all the cdai under and beneath the surface Of the
halt acre sold to Nathan Ague. and the three quarter:
OF an acre sold to Hardman. and the acre sold to said
Beilard as aforesaid. The following described land:
and tsnements situate in tbs Township of Welthers
feld N the County OF ~Trumbull. Ohio, and is known
by being the north part of lot No. u in tract No ID
in aaid township, and is bounded and described as
follows: On the north by land in Feb. 1857 owned by
Henry + Rice. Edwin c. French and Joserih Cham
berlain and lands formerly owned by James NcCombs,
on the east by the Mcconnell farm and a toEnship
read which 4 alE0 he paSf line nf lot No l.. m rho
south by land heretofore decided by Jonathan Dunbar
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 Nllestown. Teserv.
ing the surface Of one acre Of land lying in the south
west corner Of SAID PREMISES decided by Samuel Bur.
nett and wife to John Thume-also reserving one
square ocre of land lying in tile south east corner O
said premises. being the sane heretofore decided by
Joseph Matthews and wife to Samu.l Burnett. and at
ter reserving said two acrcs Of land. the balance is
supposed 10 contain eighty seven acres of lana he the
same more or less. Said real estate will he sold saw
ing and reserviug from the same the surface # one
es-l0O acres h~ereiofars contracted TO Edward Mellow.
en-, hye scres heretofore contracted 20 Thomas Terrell,
one and 1S-lOa acres heretofore contracted TO Edward
McHugh. five and 70 100 acres heretofore contracted
to Thomas O'Meally, one acre heretofore contracted to
GeorSe LoenbeTcer. enc and - 100 acres heretofore
c-rtracted &c Peter DOnley. CO lOc OF an acre hereto.
fore contracted to Elijah BoEker. one scrs heretofore
contracted to Henry Ludt. four and 90 100 acres here
tofore contracted to Christian Ludt. two acres here,
tofOre contracted 10 Timothy Quigley, 90 100 of an
acre heretofore contracted to Philip Lewis, and I5-IuO
OIL an acre heretofore contracted TO llliam IT, Davis;
hut including all the coal, iron and other valuable
minerals that NAV be under the suriac, Of said prem
ises so contracted with full mining privileges ard
right OF way under and upan the surface thereof. with
the right and privilege of prohibiting the selling or
otherwise disposing Of any intoxicating liquors on
said premises.
Appraised at S2O,08O.
Second-The interest of the lesses in a certain
lease and contract between James Ward & Co.. and
Rice. French & Co (owned at the time Of the assign
ment by French. Cook & Co . Of the privilege of
mining the Sfopa CoaT and Rfark Rand Trun Ore that
may be in or on The old McGrew farm, and owned hy
Ward & Co.. Except so much as was heretofore leased
to James Dempsey by The said Ward d CO., known as
all north of the old entry.) together with tie three
dwelling houses and land sufficient for garden pur-
poses. that are created or situated or said farm and
also the xsual road privileges to and from the platform
and the use of said platform, and the engine and boiler
when required. snbie I TO the paymen, of the iessces
and performance o. the covenants on their part to he
performed il said lease mentioned. which lease is re-
corded in Book { Of Mortgages, PAGES 1893 and 33i Of
the Records of TrumSull County, Chic.
Appraised at $50
Third-The interest of the a~ssignors in the premises
and contracts following. TO wit: This agreement. this
10Th of April, A. D. 1856, between John Kincade. EN
ecutor of the last viii and testament Of Samuel Phil
Ups, lat. OF Youngstown. deceased, of the first part.
and Joseph Chamberlain, Edwin G. French and Henry
z. Rice, of Cleveland, Ohio, Of the Cd part, witnes seth
that the said first party has agreed to sell to the I'd
party the following described land TO Wit: Situate in
Weathersfeld, TrumcnllC County, Ohio. Continuing fifty
one acres and twenty-five rods, being the east half of
Lot No. 10 in Trect No. 10, called Slows tract, to be
divided by a line runs n%ortherly and s%outherly so
as to include one equal half Of the lot being the sEma
land conveyed by J. Stow and wife Is Samuel Philips
by deed recorded in TrumbEll County Records Of
Deeds, Book Is. page iS3- The said party OF the sec
o1d part agree to pay the party OF the FIST part Tor
said land at the rate of forty dollars ser acre. amount
ing to the sum of two thousand and forty six 2J-lU0
dollars, (ssGi6 a5) payable Is follows: Fire hundred
dollars (S510l in hand five hundred collars (S5OO) by
the 18th day Of April. 1851. and the remainder after
the decease Of Eli Philips. as follows: If be should die
within two years from this date. then $500 to be paid
by Apri; 10. 1855, and the remand. ~ by April 10. IeJ9.
II said Eli should live beyond April 10. IsJ9. then the
balance (being SIG46 IS not TO be raid till after his
death and sixtr days thereafter All unpaid install
ments are TO bear interest FROM date and interest II be
beginning with those of loo. and to have possession
forthwith on executing this contract and paying the
first $500 On making full payment of said sum and
interest and taxes. the said fret party after drcesse Of
said Eli. agrees TO make and deliver or cause to be
made and delivered to the said END party a good ard
sufficient executors deed OF conveyance OF said land
under the will OF the said Samuel Philips.
JOHN KINCADE.
Witness, h. T. HOFFMAN, Elk. of 5. PHILIPS. GEAL)
J~.CHAMBERLAIN. (sE.L)
Witness, II. A. FREY EDWIN FRENCH. (sEAL)
HENRY T. RICE. (sEAL)
April 81, 1856. Received by the hands Of 3. +
Hoffman the hand payment of five hundred dollars
mentioned in the above contract in a check of Rice,
French IL Co., OF April IL. lej6. on Bank of Commerce,
payable to order Of B. Z. Hoffman. and en-
dorsed by him lsay SjA9. JOHN
Isaac Holford. i've hundred dollars. being the payment
:ue tenth of April, A d. Is57 and ninety two aud
&C. 100 dollars beng interest in full to date.
This agreement between Henry Z. Rice. Edwin c.
French and Joseph Chamberlain (Rice, French & Co..
Of the one part. and James Bennington Of the second
part, made this 23d day Of December. A ID. 1850, wit
nesseth-that the party OF The first part, (Rice, French
& Co J have agreed to sell subject to the reservations
hereinafter named to the said Bennington the follow
ing described land, to Wit: Situate in Neathersfeid,
County, Olio, containing fifty one acres and
twenty five rods more OF less. Icing the east half Of
lot No. IL in Tract Nc. IL. called Stoves tract, TO lie
divided by a line rams HorthcTiy aud s~outheTly so as
to ineiade one equal half of the lot being tie sane
land conveyed by J. Stowe and wife, 70 Sanuel Philips
by deed recorded in Trumhull County Record Of
Deeds, Book 90, page 4~3. and tie same land deGbribed
in a contract betTees the first party and John Einc.
AIDE, Executor Of s Philips. The first PARTY reserves
out Of the above lands the land occupied by them for
Rail Road purposes AID Owned by the AirtrIl Ridge
Rail Road Company estimated by survey at four AID
49-ICO acres already located. They also reserve 8
right Of rail way Of said Co., size for nam line Road
OF to ran from the present road at or about
station No. so. southwesterly to line of YIN. Brooks
land or from most suitable point hereafter to be deter
mined to said line They also reserve all stone coal.
iron ore and mineral that may be in or upou said land
and to ent r upon said land To mine and remove and
sell said coal, ore and mineral or lease the right so TO
do, and for this purpose TO make all such entries.
shafts, air-holes, drains, bitches. ard erect such ma
chinery. platforms &c. as may be necessary and p-op-
er for the most economical and advantageous mining
and marketing said coal. ore and minerals with srit.
AUX A2A4 RaF - ~ EaAA
mines-the said first party or their assigns using said
rights and privileges reserved, doing thereby 10 I'M
necessary damage to said land for farming aad other
purposes. The said James Bennington on his part in
consideration of this above agrees to build ami keep
up a good and substantial fence on each side OF said
Rail Road for mutual protection of the same, ard the
stock that may be on said farm, estimated At ahodt
ago rods of fence for which lie is allowed a deduction
Of 500. 20 in the whole piece He is also allowed a
of SIs9.GO from said whole price on account
of said 4 AZ 100 acres OF Rail Road strip. The whole
land is estimated ~{suhjectto reservations for minerslc,
coal and ore) at forty dollars per acre. amounting
to S2.C45.a 5-gnd the balance after making said de
is SI1g7.35. The said Bennington is to pay
for said land subject to all said reservations to said
party the sum OF seventeen hundred ninety seven
and 50 1903 dollars (being said BALANCED payable as
follows: Eight hundred dollaLs, April 1, 1851, aud tie
balance 1887 So liz two equal annual i~Bstalments
thereafter with interest thereon TO be computed and
paid annually after April ], ls57, said Bennington TO
have possession April LIST, leJ7, said Bennington 10
pay all taxesas sessed on said premises, beginning
with those for the ear 1857, and as soon after said
party shall obtain from the executors of 8. Phi
lips under their said contract a deed Of said Iand as
be a REASONABLE time thereafter to make it out
they VIII make. ex ecute and deliver to said Renniug-