Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-08-09
NOTICE.

NOTICE. y.
r evils S. Nye, of the State Of Illinois, will take
Ia notice that Edward a. Mitchell, Reuben Gillian,
William Foster, and John Ashworlh, DECD, Ad.
ministrators of Thomas Ashworth decd, Edward
NJ. Nye, Peter hopstotter, Michael Weller an, ana
of Ohio, did, on the 18th day Of May, A. ID. Ie50 file
their petition in the Court OF Common Pleas, within
and for the County of Megs, in said State of Ohio,
against the said Lewis S. Nyc, Aaron NJ urdock and
G. Williamson, defendants setting forth that at the
Murch term isS9 @ OF SAID Goar ho,atn ON .ne 1' u
said court, respectively, Judgments against said
Aaron Murdock and Lewis ). Nye under the name
| Ihe said Edward A. Mitchell recovered Judgment
for SSg33 SO, and costs, So IA the said Reuben Gill
lillian Judgment for $i4sl sv and costs, 81 IS; the
for sipI3 ~, and COSTS $4 20; the said Edward NJ
Nye Judgment for S537 Al, and costs, 80 20; the said
p,t.r Hust otter judgment for 1920 ~, and costs.
I'd "a. the sand Michael Weller judgment for $96l U.s.
and costs 81 "a; the said Thomas Ashworth judg-
ment for S2l3 50; and costs, 81 24 which SAID Judg
nleuts are set forth in said petition to be still III full
fore. and unsutisfed ~ hole or In part, and for the
satisfaction Of which ati Murdock d Nye have, 1t
is alleged real or persona, PIopert, uslue ironi
that hereinafter specified, lila Die 10 execution AZ law.
1t is also forth in said pen o, that prio1 10 io
recovery Of said Judgments on or ABOUT the III 8. a
Of May, 1858, the said Murdoch q NAe on,rE @
in fee of the following real estate Sit liat the toW
of Pomeroy, In said Mcgs County, ana nsnse ans y.
Ohio, to-wt Lot number 35, Lot num.'er S3o 10.
number eli, Lot number 2ll, with the itiG ing IA
front of said lots, Lot number 2l4, Lot nam her 10
Lot number 26, Lot number 211, Lot number 213 ''''
part of Lot number described as follows, tow IL:
being in the fom of u paraleiogram, measuring 10
chains ana links the eAsterly line of said Lot
uuniber commencing at the north west corner, and
measuring chains and 81 links from said north west
corner, along the north line of said Lot number ],
the opposite sides being equal and arle to those
two measured sides, and also so much Of said Lot
number as lies between said last parcel above de.
scrbed and the north end OF Lot number 213 in said
town of Pomeroy.
1t is shown i'll said petition aforesaid, that the said
defendants, Aaron Murdeck and Lewis S. N!e, were
iJaItuprS unuGr the aforesaid, VI MURDOCH &
Nyr, and that their business was that of buying
wheat, manufacturing and selling flour. and running
Touring mill, situate Oh tile premises above d.
srribed, and having Oh hand and owning as such
partners, large amount OF wheat, -four. and other
personal property, and being, as such partners, at
fhe same time, largely iudebtedin various amounts,
divers persons, amounting to about forty thousand
dollars, and being unable to pay said amount in con
temptation Of Insolvency, aud for the purpose 0i
Ludering, defrauding and delaying their creditors
the collect of their Just dcDts said petition
charges that sald Murdock q Nyc oinbined and con-
federated with one lillian Z. Williamson, who had
knowledge OF the aforesaid fraudulent purpose, and
conveyed 10 said Williamson the Undivided moiti; |
OF the aforesaid real estate, for the nominal cosid-
GRAFTON OF ten thousand dollars as plaintiffs in SAID
petition charge, upon secret trust, for the use and
ocncht OF said Murdock & Nye, and without any rea!
adequate consideration. Said petition further
shows that at or about the same tine said Murdoch
u NY for the fraudulent and unlawful pur-
hose sold aud transferred To said Williamson the
ded half OF sud wheat flour, and other personal
property; and that said sale and transfer Was made
b! said M"rdock & N!e, and receii ed 10y said VII
purposes tIOrl Salu, aha upon luS
secret trust aforesaid for the benefit of said Murdoch
d Nye. said petition further shows That from sti,
tst day of Ma! till on or about the second day o.
DtccihO<r 1885, said Murdock " S!c aud said WI
iansoi earned Oh sad business aid ran am usc''
sn. mill as PARTNERS, The said Mud"tk M Nyo Dts
bret tding to b1, ntcrrStrd III sid tuucsr
q te of half u.d said iiamsOl, tu til
;nount OF oLc half. upon in -iretmrnt, at pre-
ttlded ;grccmrt iiHl tnc proihs uId l"ases ere
to be ed and buri,t actordi!. ard thai apo.
fail and final srtlGC 1T Oi said new ,uEceiL. nlH u
The Ne' l., profits ali Losses ihelrnl. ltrgs Alo~
would lee tu!Jd Gue nom SAID Williamson 1t SALT
Murdork * H1t. thId petition iarltior Siip"H. lhti
att 'NV.fd % ab0i,I tnt en- la! ~i GItVucf Sjc
the said Lewis :. Alt pehG stzid IN IT, >. Ii" iot
lOw iiis real csiIte situate in sad town at Punu,o.
l"-wt: thIt pan al "t nam Der al. il s,id To-" :"
Fnmer.N Mhirn was tonNeyeAi 10 the sad Lewis
E\u by r. g. Grant AID oulsu A.urrl,i.s uSu4.ii.I!
,nd cXccutrix vi tne Will OF William MUrfH drcu
Uy their deed OF the dGtc of the first day "r Janat!
T. u. le4; the salnc beng JIG feet OF oi lie app"
cst1riy side Of saiu Lot numI1r "A and also tir
river bank il front Of said llO feet, eHtendie iio
the street 10 low water in iiIe Ono River, Giid au
ailot the land M back Of, and adjoining 10, aitId
parcel of IU:eci aid Btiig Oet~ecn the game and
thirty tool street laid out in front Oi Tie coai .
which last mentioned parcel was conveyed t" thc
said Lewis S. N,e by u. Tracy Howe. j. G. W r,.hl
AIRY, a. d. le4e and also parcel Of land lying west
Of, and adjoining TO, the lasI mentioned parcel. and
being the wlutn OF ~ feet the end Of said
10. ubc 2ai and Of tne like width OF 1T feet
said thirty foot street, and extending from said Lot
humber 24I TO said street.
Said petition leges that said Murdock & Nye be
ing still argel indebted aforesaid, the Lewis
S. N!e, by his deed of that date, conveyed real
estate last aforesaid to said William &. Williamson
for the nominal conssratlon Of $3.50, but as Sid
petition alleges for no real or adequate considera
ton, and upon secret trust for the use and benefit
of said Lewis 5. NIe, and that tho conveyance last
aforesaid made and executed through fraud, and
for the purpose of hinderng, dcfrauding and dc.
yng the creditors of the said Murdock d Nye. Said
pelitlun further shows that after the time uf the
making of the conveyance last aforesaid, about
the FIST day Of December. ee, the said Lewis S. N!e
said Aaron MurdOck each sold, assigned and
delivered to said w Nlli.lSOu and divers ar
tcles of personal propcrty, the individual propcrt!
OF each upon certain pretended term and cousidera
unknown to thelD but for the same fraudulent ana
unlawful purpose of hindering, delaying and de-
fraudng the said creditors vi the suid Murdoch d
Nye. The plaintiffs in said petition Iurthcr Charge
that said William G. Williamson is la'gcly indebted
to said Murdoch N!e. ana TO each OF neln, and that
other persons unknown TO The said plaintiffs are,
the. aver indebted to the said Murdock d. Nye, and
to each of th"m, and that said Mnrdock d NJ have
and own equities, effects and chooses, not liable TO eX
ecution at law, which they secretc, and which said
plaintiffs in said petli0n aver ought To be subject to
the payment OF said Judgments. The plainllfs i'll
said petition, b! reason OF the premises, demand and
pray That said deeds OF conveyance may be set asidc
as to the creditorsof the said Murd0ck d. Nye, that
SAID sale and transfer OF personal property may be III
like manner set aside, ahd declared raudhent that
said real estate and person. property may be sold
Tor the satisfaction OF said Judgments, that Viii
llalns IL may be adjudged 10 pay IN satisfaction OF
said Judgements any amount in which he may ne in
debted 10 said Murdo.k Nye, or TO either of thei,
that any other debts due o, or chooses equities OF,
Nu'aoeh " Nso " W uIselVseui may Dc SUI
Jectcd, III like manner, TO the pa! cnt of said jug
meBts, that said Murdoek d N.Y. iuay be udjueg ed
and compelled to disclose all their said EQUITIES,
chooses and debts due them either of tbe that an
account may be taken OF said new firm and pa rtner-
ship, and the amount found due from said VI lliam
sou applied IN pa! meht of said judgments, and that
the plaintiffs may have such other and further relief
as is just and equitable. The said Lewis S. Nye is no.
titled that he is required appear and ans ser suiu
petition on or before tile tlid Saturday after the
Gath OF September, A. d. 1850.
MITCHELL Ss OTHERS,
BY CARLETON Il WELcn, ~
Aug. 9,'59-3e-6t. $3l.5o Their attorneys.