Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-10-26
4 SSIGNEE'S SALE,

A SSIGNEE'S SALE.
~ Pursuant to the command OF an order OF safe
from the Probate Court Of CuyahOga Ceunty, Ohio. IN
the matrer Of the assignment Of Edwin G. French Et-
ward NJ. Cook. Joseph. ChsRberlain and Henry A.
Frey. partners under the name OF " French SooE "
Co.. to ne directed, and in pursuancs OF the power
and authority in me vested y the deed OF Assignment
OF said parties and by Law. / shall expose AZ pu'hc
auction on the premises hereinafter deserihef. IN the
township Of WeathersGeli in the County Of frcmhrI
and State Of Ohio on the 9th day Of November. 1883.
commencing at 10 CLOCK A. NJ. and to continue
from lay to day until all said property shall be sold,
the following property, 70 wit:
FnSr-The following described lands and teaements
situate in wea'hersfeld Township. Trunhull ecu ity.
Ohio. and il known as being part OF 4 lot OF land
heretofore decided by John Battles and Sarah Jane
Battles to George Campbell. deceased, and is bounded
and described as follows: I'm the north by hand OF
Warren Hsaton's heirs and James Word x Co; On
the east by lands owned by Milo McComhs; on the
scufh by lands Heretofore owned BY Samuel hurnett.
and on the west by the Plank Road leading from Aus
tintown to Niles ami a lot owned hv Abram ). Hard
man, excepting and resrrving one half acre OF l2"d
wing at or near TIE south vest corner Of ssid lot
heretofore sold to Nath4r sue-also excepting and
reserying three quarters OF an acre OF land wing near
the northwest corner OF SAID lot cast Of said Hardman's
lot. which lot was heretofore sold 10 said Hartman
also excepting and resrrTing one acre Of land near
the east side Of said let extending across said lot
from north to south heretofore sold tn samuel be!larf,
after reserviHg as above the balance is Supposed to
contain I3I acres 6f land. he the same move or les
also all thu coal under AMI beneath the surface Of the
LhA 1NIE SUM 70 "a HiA AEul. NNA INK NuECN ~
Cf an acre sAli 10 Ilardman. and the acre sold to said
BeIlard as aforesaid. The following described lands
and tensnients situate in tbs Township OF We sthers-
deld in the County Of Trumbull. Ohio, and Is known
~ heiFg the north par. Of lot No. Il in tract No 10
in aaid tOg nshtp. ard ~ bounded and desc ibed a.
follows: On lie north hy land in Feb. 1857 ovned by
Henry +. Rise. tdvin c. French and joseph Cham
berlNn and lands formerly Ownc Thy James McComhs;
on TIE east by the Mcconnell farm and a TOWNSHIP
read which i also the east line 81 lot No. l.; on tho
south by land heretofore De eded by jonathan Dunlap
and vile, TO James Ward. William Hard and TbomEs
Russell and on the west by the centre Of the Plank
Road leafing from Austin:Ovn to Nliestown. Iesery-
ing The surface OF one acre OF land lying IN the sonih
west corner Of sad PREMISES decided by Samuel Bur
nett aud wife 10 John Thume--al5O rpseTving one
square eere OF land lying IN the south east corner Of
said premises. being the same heretofore decided by
joseph Matthews and wife 10 SAMUEL Burnett. and ~
ter ressrving said two acr.s Of land. the balance is
supposed to contain eiEhiy seven acres OF land. he the
same more or less Said real estate will he sold say
ing and re-erviuS from the same the surface IF one
e2-lUO acres heretoior. contracted 10 Edward Meow
en- i've screS heretofore contracted 20 Thomas Terrell.
one and a. l5 acres heretofore contracted 10 Edward
McIIugn, Eve and 30 100 aces heretofore contracted
TO Thomas O'Meally, one acre heretofore cOhtrzc;rit 70
Geor - LOenbei ger. enc and ~ 100 acres heretofore
c-I trsctet to Peter D1nlry. c. LOG Of an acre hereto
fore contracted to Elijah BOwker, one acrs heretofore
~ron;raeSe to Henry Ludt- four and - Ice acres here
tofOre contracted to Christian Luit, two acres here
tofore contracted to Timothy QnigIey, 90 100 Of an
acre heretofore contracted 10 Philip Lewis, and IS IJ
Of an acre heretofore contracted to William @. Davis:
Tut include z all the coal, iron and other valuable
minerals that mag be under the surfac OF said prem
ises SO contracted Witz full mining privileges aud
right Of way under and upon the surface thereof. with
the right and privilege OF prohibiting the selling or
otherwise dlsposing Of any int.r-e.tinE liquors o.
said premises.
Appraised at $4,000.
second-The interest Of the lesees Ia a eeriaiA
lease and contract between James Ward & Co.. and
Rice. French & Co owned at the time OF the assign
m-nt by French, Cook & Co ); Of the privilege Of
mining the stone Coal and Black Band Iron Ure that
may be ia or on the Odd MeGIew farm. and owned by
Ward & Co.. (excep. so much rs was heretofore leased
to James Deni sey hy The said Ward ~ Co., known As
all north Of the Old entry) together with the three
dwelling houses and land sufficient fer garden Eur
poses. that are created or situated or said farm and
also The usu al road privileges to and from the platform
ard the use OF said platform. aud the engine and bei.er
when required. suhje : to the paynsns OF the lessees
and performance of the covenants on their part TO be
pen iormed in said lease mentioned. which Ira.e is re-
corded in Book ef Mortgages, pages $40 and 53l Of
the Records of TrunSu1 County, Ohio.
Appraised at S5U.
Third-The interest OF the assignorsin the PREMISES
and contracts fOIJWiHg. TO wit This agreement. this
10th Of April. A. D. 1856. between John kincade. Ex-
eCutOr oil the last will and Testament Of Samuel Phil
Ups, late Of Youngstown. deceased, of the trst part.
aud Joseph Chamberlain. kdwir e. French and Henry
2. kice, OF Cleveland, OHIO. OF the 2d part, xitnesscth
the sand first party has agreed to sell to the I'd
party the follOEing described land TO vii: Situate in
Gather sarId, Trunenil COun y. Ohio. containing fifty
acres snd tSenfy-hTe rods. being the east hair OF
Lot No. l2 n Trect No. i6. callel Slows TRACT, 10 be
divided by a line runs ~nOrthvrly AID southsrly so
as TO include one cgIa. half Of the lot bSing the sama
t1al covered by j. Sos ana vile Is samuel flilils /
bv deed recorded in Trumbsll County Records Of
Deeis, Book t5, page 4>3- The said party Of the sec
part agree to p y the patty Of the first part Tor
said land st the at u forty dollars ser acre. amount
to the sum Of two thousand and forty six 25-lUD
dollars, r. sOI6 81 paya,le IS follows: Five hundred
10 lars g SEQ in hand. i've hundred dollars (s5Up) by
The luth Jay of April. lS57. and the remainder after
The decetSe ct Ei Philips, as follows: If he should die
within two years from this date, then SJCO to be paid
~ Apr; 10. Is5s, and the remand. ~ by April 10, ISJ9.
II said Eli should live hey md April 10, IS59. then The
IanrA AIr 21l1t - y unf In Ia. RafH ffN a. IL.
lealh and sixty days thereafter. All unpaid install
nents are to near interest from date and interest - be
paid annually: The second party to pay all taxes,
beginning with those Of l-56. and to have possession
forthwith on executing this contract and paying the
SjUO. On making full payment of said sum and
and taxes, the said first party after deceaSe Of
Eli. agrees 20 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
HOFFMAN, EI- Of ). PHILIPS. (sxALl
J.CHAMBERLAIN. (seAL)
witness, ia FREY, EDWINC FRENCH. (-EALl
HENRY Y. RICE. (sEAL)
April 81. I-56. Received by the hands OF B. y
the hand payment OF FIVE hundred dollars
neHtiOhed in the above contract in 4 check Of Rice,
French & Co., Of April II. 1856. ON Bank Of Commerce,
leVeland. payable to order Of B. Z. Hoffman,. and en-
iOrsed By him tsay Sj0U)- JOHN
R. ceived Of Rice, French & Co. At the hands of
Isaac Holiord. i've hundred dollars, being the pay m-nt
lie tenth Of April. A ID. IS57 and ninety tive aud
G-lOO dollars beng interest in fol to date
April II, Isj7 JVnN KINoADE.
This agreement between Henry z Rice. Edwin C.
French and Joseph Chamberlain (Rier, French & co..
the one part, and jams Bennington Of the second |
'aEt. made this 23l dag Of december, A D. 1850, wit |
the patty Of the first part, (Rice, srrzeh
GO } have agreed TO sell subject TO the 70 erY.ions
named to the said BennIngIoE thu foII.g- |
ng described land, to Wit: Situate in Meathersneld, |
frumbUll County. Ohio. containing s.ty enc acres and 1
Eenty nye rods more or less. bsirg the east half Of
OF No ~ in Tract Nc. IL. caller stoves tract, 10 be
divided b. a line runs %uortbsrly and southerly so as
include One equat half OF The lot beiny the xanr
and conveyed by J. stowe and wife, to Samuel Philips
y deed recorded IN Trur-0ull County Record Of
leeds, Book 60, page 10, and the same land described
n a contract betSseR the first party and John KING
de Executor OF ) PAiliPs. The Hrst party reserves
NJ o. the aSoNe lads the land occupied by them for
Nail Road rurpo' IS and owned by the Mineral Ridge
Kali koad Cen any estimated by survey 1t four and
y no acres already located. They also reserve a
ignt oil RI 81 way Of said Co., size for main line Road
onn' NJ Or to run from the present road a. or about
tatioL No. 50, sOuthWesEerly TO line OF Wm. Brooks
Anh or from most sGitahlepoini hereafter to be deter
4 hed to said line They also reserve all stone coal.
ron ore and mineral that may be in or upon said land
right At any time freely TO explore for the same
nd to ent T upon said land 10 mine and remove and
ell said coal, ore ami mineral or Irase the n GIT so TO
10, and for this purpose to make all such entries.
hats. air-hOles. drains, bitches. and erect such ma
hinery. platforms &c. as may be necessary and prop
T Tor the most economical and advantageous mining
rd marketing said coal. ore and minerals with suit
road ways for rail road or otherwise to said
said hIst party or their assigns using said
$3.50 Nv ~
Iecessary damage to said land for farming ard other
TIE said James Bennington on his part in
Consideration OF the above agrees 10 bui d AM keep
y 4 good aud substantial feaee on each side Of said
.aii Road for mutual protection of the same. and the
took that may be on said farm, estimated Al about
90 rads Of fence for which he is allowed a q ducIisu
! Sj9 80 IN the Whole piece. lie is also allowed n
eductiJn of SiI9.GO from said whole price OF account
{ said 4 - 100 acres of Rail Road strip. The v hole
md Is estimated (suiject TO reservations for minerals,
GAL and Ore) at forty dollars per acre. amounting
D S2~t46-2J-Snd The talance after making said de
sections, is sl1y7-35. The said Bennington is to BAY
" said land SUBJECT to all said reservations to said
rs; party the sam Of seventeen hundred ninety seven
nj % 100 dollars (being said talsnce) payable as
I'll rs: Eight hunaTed d0llsIs, April 1, Ir57, and the
alance (SSJs 81 IL two eqlal annual in stalmen.s
ie'safter with interest thereon to lie computed and
aid annually after April J. Isl, said Bennington to
ave possession April LIST, lSj7, said Bennington To
~ all taxes assessed on said premises, boglnnirg
18th those for the year 1857, and as soon after said
rst party shall obtain from the executors OF .. Phi
ps under their sad contract a deed Of said land as
Iay he q essOnabls tune thereafter to make il out
.ey VIII make. ex cute and deliver to said BenniRg
N "a good and sufficient deed of con yeysncs of said
nd subject TO said reservations and fence agreement
E first having paid all said money, interest AID axes
above stipulated !,
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