Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-12-07

Frey. partners under the name Of :. French, Cook &
Co.. to me directed, and in pursuance Of the power
and authority in me vested b. the deed OF Assignment
Of said parties and by las.I shall expose at pubic
auction on the premises hereinafter described, in the
toEnship OF Weathers6elj in the County OF Irsnh1i
and sIHte Of Ohio, on
Thursday. December Goth, 1859,
commencing at 10 o'clock. A. NJ. and to c~Ontinus
from day Ia day until all said property shall be seid,
the following property, to wit
\ Firs.-The following described lands and tenSmerts
situate in weaihersdeld Township, Irumeun Cs1nty,
Ohio, and is known as being part OF a lot o. land
heretofore decided by John Battles and Sarah Jane
Battles to George Campbell. deceased, and Is bounded
and described as follows: On the north BY land CT
Warren Heaton's heirs and James Ward K CO.. On
the east by lands owned By Milo McCcmhs; on the
south by lands heretofore owned by Samuel burneU'
and on the west by the Plank Road leading from Aus
tintown to Niles AM a lot owned b hhrGr .haru-
man, excepting ard reserying one half acre OF I3nd
iying at or near TIE south west corner oI
heretofore sold to Nathan Ague-also excepting anu
reserying three quarters OF sn acre OF land Wig near
the northwest corner OF saidl lot eastOfs sad haTah.ah
lot. which lot was heretofore sold 10 said har-naa-
also excepting and reserving one acre of land near
the east side Of said lot extending across said lo-
from north to south heretofore sold to Samuel Beliard,
after rsserying as above the balance is supposed TO
cont1in 49, acres OF land. he the same more or less-
also all the coal under and beneath the surface OF me
half acre sold to Nathan Ague, and the three quarters
Of an acre sold to iardman, and the acre soldto said
Bellard as Aforesaid The following described Janus
and telements situate in tbs Township Of 'Weathers-
held in the county OF Trunbull. Ohio, and is known
/ By being the north part OF lot No. Il in tract No 10
in aaid township, and is bounded and described as
follows: On the north kE land in Feb. 1857 owned by
Henry Z. Rice, Edwin c. French and Joseah Cham
berlain and lands formerly owned by James MeCombs;
on the east By the Mcdonnell farm and a township
read which Is also the east line Of lot No-IIi on tho
south by land heretofore decided by Jonathan Dunlap
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 NlIestown. reserv-
ing the surface Of ons acre Of land lying in the sontA
west corner of said premises decided by Samuel Bur
nett and wife to John Thume--also reserving one
suuare ecrc of land living in the south east corner CI
said ~premises. being the sane heretofore decided by
Joseph Matthews and wife to SAMUEL Burnett. and ar
ter reserying said two acrss Of land. the balance -
supposed to contain eighty seven acres Of lau2 be IRE
same more or less. said real estate Willie sold saw
ing and reserving from the sane the surface Of one
S2-1G0 acres heretofore contracted to Edward McGo=-
en-, five seres heretofore contracted 20 Thomas Terrell.
one aad - 100 acres heretofore contracted to Edward
NcIlugh Eve and 80 100 acres heretofore contracted
TO Thomas O'NeaIly, one acre heretofore contructeiftO
George LoeDberssr. enc and - 100 acres heretsfcfe
csrtracted 70 Peter Doniey. 61-lOc OF al acre hereto
fore contracted 20 Eliiah B0wker. one aers heretofore
! contracts I to Henry Ludt- four and 90 100 acres here
tofore contracted to Christian Luit, two acres here
tofore contracted to Timothy Quigley, 90 leo Of an
acre heretofore contracted to Philip Lewis, and 45.frO
Of an acre heretofore contracted to William G.. Davis;
but including all the coal, iron and other valuable
minerals that may he under the surfact OF said prem
ises so contracted wits foil mining privileges ard
right OF way under and GpOn the surface thereof. With
the right and privilege Of prohibiting the selling or
otherwise disPOsing Of any Intoxicating liquors on
said premises.
Appraised at $4,000.
EEc0nN-lhe interest OF n lESctS IN 4 CeTllll
lease and contract between James Ward & Co.. aad
! Rice. French & Co (oSned at the time Of the assign
ment by French. Cook & Co Of the privilege Of
mining the Stone Coal and Black Band Iron Ore that
may be in or on the old McGrew farm, and owned by
Ward Co.. Except so much as was heretofore leased
] to James Dempsey by The said Ward IL Co., known as
all north Of the old entry-) together with the three
dwelling houses and land sufficient fer garden Fur-
poses, that are erested or situated or said farm ard
also the usual read privileges to and from the platform
and the use OF said platform. and the eBsiueandbCi.sr
when required suhie ito TIE payment OF The lessess
and performance OS the covenants on their part to BE
performed in said lease mentioned, which lease IS re-
I corded in Book g. Of Mortgages ra-es 1873 and 80 OF
the Records Of TrumbCll County, Chic
Appraised at SD.
Third-The interes. OF the assignors in the prersistS
and contracts fcllsinE. 10 VII: This agreement. tAis
10th of April, A. D. lsJj, between John Rincade. Ex
eeutor Of the last viii and testament OF Samuel Phil-
ips, late Of Youngstown. deceased, Of the first pArl
! and Joseph Chamberlain. Edwin G. French and Eeny
Z. Rice, OF Cleveland, Ohio of the Cd part, witnesseih
that the said first party has agreed to sell to the "a
party the following described land g vii: Situate in
WeaihersfeId, TTumeaiI County, Ohio Containing fifty
one acres aud tEenty-hFe rods, being tile east half Of
I Lot No. Ia in Trect No IG, called Slows tract. to8be
divided by a line runs ~nOrtherly and southerly So
as to include one equal half of the lot being the same
land conveyed by J. STOW and wife ts Samuel Philips
by deed recorded in Trumbull County Records oe
Deeds, Book G5, page 49, The said party Of the ser-
ond part agree to pay the party OF the first part ter
said land st the rate Of forty dollars ser acre, amount-
ing 10 the sum OF two thousand and forty six a5-leas
dollars, (s2O46 as payable as follows: Five hundred
dollars (SjOO) in hand, i've hundred dollars (S5l6N bz
the lmh Iay Of April. IS57. and the remainger an4,-
the deeease Of Eli Philips, as follows: il he should dS.
within two years from this date, then $500 to be paid
by April 10. Is5-, and the remaind.r by April 10, E5gE
[ II said Eli should live bey3nd April 10. 1850. then the
balance Cbeing SlG46. Is not to be paid till ahee bis
death and sixty days thereafter, All unpaid install
ments are to liar interest from date and interest to he
paid annually. The second party to pay all taxes.
beginning with those Of lr56. and to have possession
forthwith on executing this contract and paying the
first s50O. On making full payment of said sum and
interest and taxes, the said Grst party after decease sf
said Eli agrees to make and deliver or cause 70 Ie
I -. 81 1.rSvarad a the rafl 9uH uarfva rorI. -
sufficient executors deed Of eonveyanee Of said land
under the will of the said sa 9G9S PhiiiIs-
Witness, B. T. HOFFMAN, Ex- offs. PHILIPS. saul
CHAMBERLAIN (sEAIV
Witness, II. FREY, EDWINC FRENCH. (SrALJ
HENRY p RICE. (sEAl
April 81. 1856. Received by the hands OF B. j
Hoffman the hand payment OF five hundred dollars
mentioned in the above contract in a check Of Rec
French & Co., of April "a. lS56. on Bank Of Commerce.,
Cleveland, payable to order Of B. 2. Hoffman. and EN-
dorsed by him lsay s50Ol- JOHN KINcADE-
r. ceived OF Rice, French q Co., at the hantls ef
Isaac Holford. five hundred dollars, being the payment
:ue tenth Of April, 4 D. Is57 and ninety two ard
56-1uO dollars being interest in f'Il to date.
This agreement between Henry y. Rice. Edwin c.
French and Joseph Chamberlain (Rice, French & Ce3
Of the one part, and JAMES Bennington Of the second
part, made this 23l day Of December, A d. 1856, wit
nesseth-that the party Of the first part, tRice. French
&c., have agreed to sell subject to the reservations
hereinafter named to the said Bennington Lae follow
ing described land, to Wit: Situate in Weathersfeld.
Trumbull County, Ohio, containing fifty one acres and
twenty-five rods more or less. being the east half CT
lot No. ~ in Tract Ne. Ia. called stoves tract, TO be
divided by a line runs H~ortherly and ~sOutherly so as
to include one equal half of the lot being the same
land conveyed by }. Stowe and wife, to Samuel Philips
by deed recorded in Trumbull County Record OF
Deeds, Book 81, page 4s3. and the same land described
in n contract betTeen the first party and John Kire-
ade, Executor Of S. Philips. The first party resel vts.
out Of the above lands the land occupied by them for
Rail Road purposes and owned by the Min, raj Ridge
Rail Road Company estimated by survey at four and
4y-IO0 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 at or about
station No. so, southwesterly to line OF VIM. 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 upon said land
with right at any time freely to explore for the same
and to ent= upon said land to mine ard 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 ra
chinery, platforms &c as msy be necessary and prop
er for the most economical and advantageous mining
and marketing said coal. ore and minerals with suif.
able road WAYS for rail road or otherwise to said
nines-the said fiji st party CO their assigns using said
rights and privileges reserved, doing thereby no m
necessary damage to said land for farming asd other
purposes. The said James Bennington on his part in
consideration OF the above agrees TO huiid and keep
up a 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 ahoat
$50 rods Of fence for which he is allowed a DEDUCTION
of sea. so in the whole piece. He is also allowed a
Jsdnction Of sI70 so from said whole nries on aeconnt
of said 4 ~ 100 acres of Rail Road strip. The uhole
land is estimated (suljeetto reservations for minerals,
coal ana uECI dN ~ ttiAato pei oNtE- dllOGIAAlk
to 81. O46. 95-gnd the balance after making said de-.
dsetions, is SI197-35. The ssid Bennington is 10 ray
for said land subject 20 all said reservations to said
first party the sum Of seventeen hundred ninety seven
and 35 100 dollars (being said BALANCED payable a.
follows: Eight hundred dollars, April ], 49,. and thu
balance (S99s 351 liz two equal annual inEtaimentsf
thereafter with interest thereon to he computed and
paid annually after April l. 1885,. said Eenninrtan to
have possession April Ist- Ir54. said Bennington g.,
ray sl taxesas sssscd or said premises. beginning
with those for the year lsjT, and as coca after said.
srst party shall obtain from the executors offs. PHI
lips under their said contract q deed OF said land as
may be a reasonable time thereafter to make il out
they VIII make. execute and deliver TO said BenninEs-
ton a good and ~Sufscient deed of conveyance Of said
land subject to said reservations sId fence agreement
he first having paid all said nancy, interest and taxes
as above stipulated. z
Witness our hands. this 23rd day Of December, A.
D. 1855,
NJ c. EAMER Witness 10 HENRY T. I C fsEArJ
signature Of Jas. G. 4 Y SEAL
BENNINGTON. j. CHAMBERLAIN SEAL
AMOS ALLISON, BENNINGTON, (sEALl
The State Of Ohio Cuyahoga Couuty-Personaiiy
came this day before me Henry z. Rice. Edwin c.
French, and Joseph ChambeSIain who ssvsrally ac-
knOwledged that they did sign and seal the foregoing
that the same is their free act and deed, and
that they are still satisfied herewith Given uSasr
hand, and seal at the city of Cleveland, tbs 24h
a.. IF a~anhar I2SE