Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-12-14

the nl--er Of tLc asS'~Tu-0l E Of LIAM - FtErnr Eu- D
ward II. Cook, Joseph Chasheriaia ana Henry =.
t-ey. partners under the nsme Of q" French, Coax d
Co." to ne directed, and in pursuance OF the power
and authority in ire ve-ted - the deed OF assignment
Of said parties ana by law. l shall expose 81 public /
auction on the premises hereinafter described. IL the
township OF WeaJiersaeld in the County Of Trum5uli
and State Of Ohio, on
RarSdaH, December 29h, 1859,
commencing At 10 o'clock. A.. NJ. and to continue
iron say {. day until all said properly shall be sUld,
the f1!lowins property, TO wiz:
FUrse-The olloTinetescribe lantsand tenements
situate IN Neaihsrsteif Township. Truuhuli Ceuaty.
Onie. a,i IS knosn as ieirE Part Of a not of land
heretofore decided - John Battles and Sarah Jane
Battles 10 George CsHpHeil teceasef. and il bounded
and described as FLOWS: I'm the north hy land CT
warren iira:on. heirs and James N9Td q CO.. on
the east hy lands owned by Ailn McComts; on the
south by Lands heretofore owned by Slmcel rurae.t. !
aud on the w-st u the Plank Road leading from Aus
tiatown to Niles and 2 lot owned by hhrarl :. Hard
man, excepting ami reserving one half acre of land
lying at or nasr the southwest corner Of said lot
heretofore soli to Nathan Ague-also excepting and
reserving three quarters of an acre Of land wins neal
the northwest corner Of saddle eastofsaid HardHaa's
lot. which lot was heretofore sold to said Hartman
also excepting and reseTyinE O.e acre OF land near
the east side Of saii lot extending across said let
from north - south heretofore sold to Samuel 9eliard,
after reserving rs above the balance is Supposed to
contain i3R acres cf land. he the same more OrlesS-
also all the coal under and beneath the surface OF the
half acre sold 10 Nathan Ague. and the three quarters
Of an acre soli to Hardman. and the acre soldt to said
Bellard as Aforesaid. The following described lands
and tenements situate in tbs Township of We4theTs-
field in the county of Trumbull. Ohio, and is known
by being the north part OF lot No u in tract No 10
in aaid township. and is bounGea and described as
follows: On TIE nor.h hr lald IN E.h. 1857 Owned by
Henry F. Rise. Edwin C. French AMI ioserh Cham
beTlsin and lands formerly oWnelhy James McComh5:
on the east by ;be Mcdonnell farm End n townshir
read which is also the east line of lot No. l.; On the
south by land heretofore decided by jonathan prnlap
AND wife, to James ~arl. William ward and Thomas
Russell. and on the west by the centre Of the Plank
Road leading from AustiGtoEn to Nllestown. Teserv-
ing the surface OF one acre OF land lying m the south
west corner OF sad rrpuirrs deRiRi LIZ Samuel Rur-
nett and vii. to John Thume--also reserving one
square ecr- Of land lying in the south cas-; corner Of
said premises. being the sane heretofore decided by
Joseph Matthews and wife to Samuel Barnett. and at
ter reserving said two acrcs Of land. the balance is
supposed TO contain eighty seven sores Of lana bet the
same more or less. Said real estate will he sold sav-
ing and rsseryiug from the same the surface It one
81 100 acres h~e-rt0fnrs contracted 10 Edward Mellow
en-, five rcres heretofore contracted 20 Thomas Terrell.
one and 9--lOO acres heretofore contracted TO Edward
Mcllush. Eve and 80 leo acres heretofore contracted
tn Thomas 0'Meally, one acre heretofore contracird;o
Georce Loenherse-, enc ami ~ 100 acres heretofore
c-rtracted to Peter Danley. G. i0C Of an acre hereto
fore contracted to Elijah Bcwker. one acTs heretofore
~contrscte to Henry Iuit. four and - 100 acres here
tofore contracted TO Christian Luit, two acres here
tcfcre contracted TO Timothy Qui-lsy- SOTO OF sn
acre heretofore contracted to Philip Lewis, and s5-ltU
Of an acre heretofore contracted to William G. Davis;
but including all the coal, iron and other valuable
minerals that may he under the surfac; OF said prem
ises so contracted with full mining privileges and
right of way und-r and upsn the surface thereof. with
the right and privilege Of prohibiting the selling or
otherwise ~disPosiag OF any intoxicating liquors CT
said premises.
Second-The interest O! the lesees IN 4 certain
lease and contract between James Ward * Co.. and
Rice. Preach & Co, (oEned at the time Of the assign
ment by French. Cook Z Co > OF the privilege of
mining the stone Coal and Black Band Iron Ore that
NAV he in or On the old McGrev farm, and owned by
Ward & Co, Except SO much rs was heretofore leased
to James Dempsey by lhe said Ward * Co., known as
all north Of the old entry) together with tie three
dwelling houses aud land sufficient for garden Tur-
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. suhje ito the payment OF the lessees
performed il said lease mentioned. which lease is re-
coritd in Book : OF Mortgages, RACES 353 and 5S4 OF
the Records Of Trum1ull County, Chic.
Appraised at $50.
Third-Thc interest OF TIE assigrorsin therremises
and contracts following. TO wit This agreement. this
10Th Of April, 1. p. 1855, between John Kincade. Tx
ecutor OF the last viz and testament Of Samuel Phil
fps. lat of Youngstown deceased, of the frst part.
and Joseph Chamberlain, Edwin G French and Henry
y. Rice. OF Clevsland, Ohio, of the sd part, witnesseth
that the said first party has agreed to sell 10 the Cd
PARTY the following described Land. to wit: Situate in
weathersfeld, TrumcnllC County, Ohio. containing Fifty
one acres and twenty-five RODS, being the east half OF
Lot No. y in TrecE No. l6, called Slows tract, 10 be
divided ny n line runs n%ortherly and s%outherly so
as to include one equal half Of the lot being the same
land conveyed hy J. Sow and wife ts Samuel Philips
BY deed recorded in TrnmbEll County Records of
Deeds, Book Is. page 4~3. The said party OF the gee
ond part agree to ply th- party OF the t.st part for
said land al the rate Of forty dollars ser acre. amount
ing to the sum Of two thousand ard forty SIX 25-IOu
dollars. (SaUlj a5,) payable as follows: Fise hundred
dollars IS SOD in hand. FIVE hundred collars (SjCO) by
the Ish day of April. IS57. and the remainder after
the decease Of Eli Philips, as -olIoSs: il he should die
within two years from this date. then $500 20 be paid
by April 10. less, and the remairc-r BY April 10, lSJ9.
II said Eli Should live beyond April 10, ls59. then The
balance C1sing SlCs6-25) not 10 be raid til afier his
death and sky days thereafter. All unpaid install
msnts are to bear interest .rcE cate and Interest II be
Maid annually. The second party 10 pay all taxes,
beginning with those OF l-56. and TO have possession
forthwith on executing this contract and paving the
=. a-an ~. 1--NTn~ Fr1T a-u-a Of sail E--, .nI
interest and taxes the said Grst party AFTER cecease OF
said Eli. agrees TO mske and deliver or cause to lie
made and delivered to the said End rarty a good and
~suficie7. executors deed Of conveyance Of said land
under the will OF the said sSEnel Philips
witness, HOFFMAN. TX. OF 5. PHILIPS. (srAL)
CHAMBERLAIN. (sEAL)
Witness, II. A. FREY, OWN FRENCH. (-EAL
HENRY F. RICE. (sEAL)
April 81. I=56. Received by the hands Of B. T
Holman the hand payment Of five hundred dollars
mentioned in the above cou;r-c. in a check of Rice,
French & Co.. of April IL. 1856. on Bank of Commerce,
Cleveland, payable TO order Of Z. T. Hoffman. and en-
dorsed by him (say S50O). JOIN KINCADE.
r. ce.Ted OF Rice, French & Co.. at the hands of
Isaac uo;ford. i've hundred dollars. being the payment
zoe tenth Of April. A D. 1851 and ninety two aud
Aprn II. 1857 JOHN KISCADE.
This agreement between Henry F. Rice. EdSin C.
French add Joseph Chamberlain (Rice, Fr-nch& Co..
Of the one part. ard james Bennington of the second
rart, made this ed day Ct December D. 1856, wit
nesseti-tiiat the party OF the Hrst part, URlce. French
Co have agrees to sell subject to the reservations
hereinafter named to the said Bennington the follow
ing described land, to Wit: Situate in Gcathershsld,
TrumEull County. Ohio, containing dity one acres ard
twenty-five rods more or less, being the east half OF
LOT No. - in Tract Ne. III. called STOKES tract, TO lie
uivided by Il line runs H~ortherly and %southerly so as
TO include onc equal hall OF tie lot heing the same
land conveyed by J. Stowe and wife, 20 Samuel Philips
hy deed recorded in TEumhuli Comfy Record Of
Deeds, Book e., rage 40. and the SAME land desbribsH
in q contract betEeeH the ETst rarity and John Kline
aae. Executor of s. Philips The first party reserves
out of the above lands the land occupied by them for
Rail Road purposes and owned by the Mineral Ridge
Rail Road Company estimated 10y survey At four AID
- 100 acres already located they also reserve =
right of rail way Of said Co., size for nam line Road
running or TO ran from the present road a. or about
station No. so, EouthWesterly to line of Vim. Brooks
land or from most suitable point hereafter to he deter
mined to said line. They also reserve all stone coal.
iron ore and mineral that may bein or upon SAID land
with right at any time freely TO explore for the same
and to ent T rpon 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, and erect such ma
chinery, platforms &c as may be necessary and prop
er for the most economical and advsi tsceous mining
and marketing said coal. ore and minerals with suit
able road wars for rail road or otherwise TO said
mines-the said FIRST party or their assigns using said
rights and privileges reserved. doing thereby no IN
necessary damage to said land for farming and other
purposes. The said James Bennington on his part in
consideration Of thc above agree 10 build and keep
up 4 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 at aboat
400 rods Of fence for which lie is allowed q deduction
II $1S-ho il az FAtaF w AN al oEO h-lONtd a
deduction of Sis9.6U from said Ehole price on account
Of said 4 a $50 acres of Rail Road strip, The v hole
Iandi is estimated (suhiectto reservation for mi erale,
coal and ore) at forty dollars per acre. amounting
to s 2.Oi5. 25-gnd the balance after making said de-
dsctions, is sI7g7.35. The said Bennington is to pay
for said land subject to all said reservation. to said
first party the sam OF seventeen hundred ninety seven
and IS 100 dollars (being said balanee) payable as
follows: Eight hundred dollars, April ], 1857, and the
balance 1887 81 in two equal annual instruments
thereafter with interest thereon to he computed and
paid annually after April ], 1851, said Bennington TO
have possession April LIST, 1851. said Bennington 10
pay all taXesss sessed on said premises, beginning
with those for the year 1857, and as soon after said
first party shall obtain from the executors of 3. Phi
lips under their said contract a deed of said Iand as
may be a reasonable time thereafter to make IL cut
they Will make, execute and deliver to said Bsnning-
ton a good and Sufficient deed of conveyancs of said
land s~uhjectto said reservations and fence greement
he first having paid all said money, interest and taxes
as above stipulated.
witness our hands, this e3rd day OF December,A.
D. 1856.
n c.. BEAMER; Witness TO F. RICE. (sEAL)
signature OF JAS. EDWIN G. FRENCH. (sEAD
BENNINGTON. J. CHAMBERLAIN (sEAL)
AMOS ALLISON, JAMES BENNINGTON CsEaL)
The State eff Ohio. Cuyahoga County-PersonaIIy
"a ne This dav before me Henry p Ria Far;, ~