Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-09-28
|. SSIGNFE,S SALE

1 SSIGNEE'S SALE.
Pursuant to the command Of an order Of safe
from the Probate Court Of CuyahOga County, Ohio. in
The matter of the assignment OF Edwin O. French. Ed
ward N. COOOk, Joseph Chamberlain and Henry A.
osey; partners under .he name of Preach, Cook &
Co. to me directed, and in pursuance OF the power
and authority in ne vested by the deed OF assignment
Cf said parties and by Law. | shall expose at public
auction on the premises hereinafter described. in the
township Of weathersield in tbs County Of TrumhuIl
and State Of Ohio. on the 9th dsy Of November 1859.
commencing at 10 o'clock, A. NJ. and to continue
from day To day until all said property shall be sold.
the following property, to wit
Z Fist-The following described lands and tenements
situate in Weaihersdeld Township. Trumbull Csunty.
ONO, and is 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
Warren Hraton's heirs and James Ward & Co.; on
the east by lands owned By Milo Mccomhs; on the
south by lands heretofore owned by Samuel Burnett,
and OF the west by the Plank Road leading from Aus
untoNn to Niles and a lot owned by Abram s. Hard.
man. excepting and reserving one half acre of lard
lying at or near the south west corner Of said lot
heretofore sold to Nathan Ague-also excepting and
reserVing three quarters OF an acre Of land living near
the northwest corner OF said lot east Of said Hzriman's
lot. which lot was heretofore sold to said Harlman-
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 BeIlard,
after reserving as above the balance is supposed to
contain 49,: acres of land. be the same more or less
also all the coal under and beneath the surface OF the
half acre sold to Nathan Ague. and the three quarters
" ~ ~ EFAl " III Nul LHE 1CTcA 0l1 10 Ar
Bellard As Aforesaid. The following described lands
aud tenements situate in tbs Township Of Weathers-
feld in the county Of TrumbulI. Ohio, and is known
by heisg the north part of lot No. IL in tract No. l6
in said t~ownship, and is bounded and described a.
follows: On the north by land in Feb. 1857 owned by
Henry Z. Rise, Edwin G. French and Joseph Cham
berlain and lands formerly GA ned 10y James McCombs;
on the east by ;he Mcconnell farm and a township
read 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 aud Thomas
Russell. and on the west by the centre OF the Plank
Road leading IRON Austintown to Nllestown. reserY-
ing The surface Of one acre Of land lying in the south
west corner OF ss:d PREMISES decided by Samuel Bur.
nett aud wife to John Thlme-aIso reserving one
square ecre Of land lying in the south east corner Of
said premises, being the same heretofore decided by
Joseph Matthews and vile to Samuel Burnett. and az
ter reserying said two acrss OF land. the balance Is
supposed to contain eighty seven acres Of land. be the
same more or less. Said real estate will be sold saw
ing and reserying from the same the surface ef one
e2-lOO acres heretofore contracted to Edward Mellow
en-, i've acres heretofore contracted to Thomas Terrell,
one and a. 100 acres heretofore contracted to Edward
MelIush, five and % lc0 aces heretofore contracted
to Thomas OMeally, one acre heretofore contracted to
GeOr sc LoenbeTser, one and ~ 100 acres heretofore
Contracted to Peter Donley. g. Ic Of an acre hereto
fore contracted to Elijah Bowker. one acre heretofore
contrsctei I 10 Henry Ludt. four and - 100 acres here
tofore contracted to Christian Ludt. two acres here
tofOre contracted to Tinothy Quigley, 80 100 Of an
acre heretofore centracted to Philip Lewis, and Is lGO
OF an acre heretofore contracted to William G. Davis;
but including all the coal, iron and other valuable
minerals that may be under re sur!ac of said prem
ICES 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 dlsposius Of amy Intoxicating liquors on
said premises.
Appraised at SEQ. OOO.
Sseond-The interest OF the lesees in q certain
lease and contract between James Ward & Co., and
Rice. French d. Co (owned at the time OF the assign
meat by French. Cook & Co E; OF the privilege Of
mining the Stone Coal and Black Band Iron Ore that
may be ia or on the old MeGTew farm, and owned by
Ward q Co.. Except so much as was heretofore leased
to James Dempsey ny lhe said Ward q Co., known as
AL north of tie old entry J lOy..irr with H. thrsa
dwelling houses aud land sufficient for garden par
poses. that are erected or situated oe said farm and
also the usual road privileges TO and from the platform
and the use OF said platform, aud the engine and boi. er
when required. subje { 10 the payRsa; Of the lessces
and Performance o. the covenants on their part 10 be
performed in said lease mentioned. which lease is re-
corded in Book 4 Of Mortgages, pages 3j3 and 334 OF
the Records of rrunbull County, Ohio.
Appraised at $50.
and contracts foILIwing. to wit: This agreement. this
10Th OF April, A. D. le55. between John Kincade, Ex-
eeutor OF the last will ana testament OF Samuel Phil
fps, late Of Youngstown. deceased. of the hrst part.
and Joseph CHAMBERLAIN, Edwin q. i French and Henry
Y. Rice, Of Cleveland, Ohio. OF the ID part, wituesseth
that the said FIRST party has agreed tie sell to the I'd
party the folioSing described land TO wit: Sit1s.e in
Westhersdeld, TGumcnil County, Ohio. containing fifty
one acres ann tseEty-hse rods, being the east half OF
Lot No. ~ IN Trect No. l6. callei Slows tract, to be
divided by a line runs northerly and ~southerly so
as to include one equal half Of the lot being the same
Lind conveyed by J. STOW and wife = Samuel Philips
Oy deed recorded in Trumbsll County Records "
Deeds, Book IS, page 40. The said party Of the sec.
Dad part agree to pay the party Of the first part for
said lInd al the rate Of forty dollars ser acre. amount
ing to the sum of two thousand and forty six IS 100
dollars. (ssOI6 e5) payable as follows: Five hundred
dollars (SjOO) in hand five hundred dollars (s5OO) by
the 18th day Of April. 1851. and the remainder after
the deeease Of Eli Philips. as follows: il he should die
within two years from this date. then SjUO to be paid
by April 10. Is5s, and the remand. ~ by April 10, ie59.
II said Eli should live beyond April 10, Ie59. then the
balance (being $lO4625) not to be paid till after his
death and sixty days thereafter. All unpaid install
men,s are to Lear interest from date and interes, II 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
first $3.50. On making full payment OF said sum and
interest and taxes, the said frst party after decease Of
said Eli. agrees to make and deliver or cause to be
made and delivered to the said End party a good and
sufficient executors deed OF conveyance Of said land
under the will Of the said samuel Philips.
Witness. B. T. HOFFMAN, Ex. OFFS. PHILIPS. (sEaL)
J"-CHAMBERLAIN. (sEAL)
Witness, II. A. FREY, EDWINC tsEAL)
n 2. RICE. (sEAL)
April 81. ls55. Received by the hands Of B. 7
Hoffman the hand payment Of Eve hundred dollars
mentioned in the above Contract in a check Of Rice,
French & Co., of April IL. 1855. on Bank Of Commerce,
Cleveland. payable to order Of D. Z. Hoffman, and en-
dOrSed By him (ssy S5OO)- JOHN klNCADE.
Il ceived Of Rice, French & Co.. at the hInds Of
Isaac Holford. Ave hundred dollars. being the payment
due tenth OF April, A b. ls54 snd ninety two and
7G.lUD dollars being Interest. in fol- - date.
April IL, 1857 JOHN KINCADE.
This agreement between Henry = Rice. Edwin C.
French and Joseph Chamberlain (Rlce, French < CO.
Of the one part, and James Bennington Of the second
part, made this 23d day Of December. A D.. Ie56. wit.
nesseth-that the party of the first part, (Rice. French
* Co y have agreed to sell subject to the excavations
hereinafter named to the said Bennington the follow
ing described land, to Wit: Situate in Weathers6eld.
Trumbull County, Ohio, containing fifty one acres and
tw enty five rods more or less. being the east half Of
lot No I2 in Tract Nc. ID. called stoves tract, to he
divided by a line runs ~northerly and southerly so as
TO include one equal half Of the lot being the sane
land conveyed by J. Stowe and wife, to Samuel Philips
nv deed recorded in Trumbuil Counlv REGARD of
Deeds, Book 65, page 4s3. and the same land described |
in 4 contract between the first party and John Kline
zSe. Executor oil 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
R1il Road Cemi any estimated by survey at four and
iy-IOO acres already located. They also reserve 4
Of rail way Of said Co., size for nam line Road
running or TO run firm The present road at or about
No. 50. southwesterly to line OF WIN. Brooks
land or from most suitable point hereafter to he deter
mined TO said line They also reserve all stone coal.
ore and mineral that may be in or upon said land
right at any time freely TO explore for the same
md to enter upon said land to mine and remove and
sell said coal, ore and minrral or lease the right so 70
and for this purpose TO make all such entries.
shafts. air-holes. drains, bitches, and erect such ma
;lIinery. platforms sc. as may ne necessary and prop
-r for the most economical and advantageous mining
and marketing said coal. ore and minerals with suit
said first party or their assigns using said
rights and privileges reserved, doing thereby no un-
necessary damage to said land for farming and Othrr
TIE said James Bennington on his part in
Up a good and Substantial fence on each side OF said
Rail Road for mutual protection of the same. and the
.tOek that may be on said farm, estimated At aboat
6n rods Of fence Tor which he is ailosed a d-duetisn
4 5 o 30 in the whole piece. He Is also allowed q
Of sI59.6O from said whole price on account
{ said 1 1! 100 acres of Rail Road strip. The shole
an is estimated ~(suhject TO reservations for mineral-,
Gal and Ore) at forty dollars per acre. amounting
s.. CID 2j-tnd The balance alter making said de
actions, is si1Ys.35. The said Bennington is to pay
DIT said land SUBJECT to all said reservations to said
RS; party the sam OF seventeen hundred ninety seven
nd Is lO dollars (being said lslsnce) payable as
Eight hunired dollaIs, April I, ls57, and the
alanee 1883; Ii, liz two equal annual 10 stalments
hereafter with interest thereon to he computed and
aid annually after april !, lr51. said Remington to
ave possession April LIST, ls57. said Bennington to
ay all taxes assessed on said premises, beginning 3,
nth those for the year 1857. and as soon after said :
rst party shall obtain from the executors Of s. Phi
ips under their SAID contract a deed Of said Iand as
lay be a reasonable time thereafter to make it out
viii make. execute and deliver TO said Benning-
On a good aud sufficient deei of conveyance of said
md subject to said reservations and fence agreement
first haviag paid all said money, interest and taxes
3 above stipulated.