Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-09-06
NOTICE,

NOTICE.
evils g. Nye, of the State OF Illinois, will take
a notice that Edward a. Mitchell, Reuben Gillian,
William Foster, and John Ashworth, decd, Ad-
mnistrators of Thomas Ashworth decd, Edward
M Nye, Peter Hopstotter, Michael Weller, and
Thomas Ashwcrth, Of the County of Meigs and State
of Ohio, did, the 18th day Of May, A. D. 1852 file
their petition in the Court Of Common Pleas, within
against the said Lewis S. Nye Aaron urdock and w.
2. Williamson, defendants, setting forth that at the
March term, 1852 Of said Court, holden the 2lst
said court, respectively, judgments against said
Aaron Murdock and Lewis s. Nye, under the name
r, and style & Of Muraock 4 Nye, as follows to-wit:
for $3s33 49, and COSTS So 14 the said Reuben Gill
lillian Judgment for S14sI 80, and costs, 81 35 the
for $l2l3 80, and costs, 81 49, the said Edward M;
Nye Judgment for S537 A. and COSTS IS 29 the said
Peter Hopstotter judgment for $3.50 81, and costs,
81 "a; the said Michael Weller nj for 1851 O5
and costs, % "a; the SAID Thomas Ashworth jpdg-
uent for $2I3 54 and COSTS - "a; which said judg.
ments are set forth In said petition to be still In full
satisfaction Of which said Murdock q Eye have, II
alleged, no real or personal prope rty aside from
that hereinafter specified liable to execution at law.
Is also set forth in said petiton that prior to the
recovery OF said judgments, about the first day
Of May, 1885, the said Murdock & Nye being seized
fee of the following real estate situate In the town
of Pomeroy, in said Meigs County, and state of
Ohio, to-wit: Lot number 35, Lot number 23s, Lot
number 2ll, Lot number 2l2, with the landing in
-,
Lot number 2l6, Lot number 21 Lot number 273 thai
part of Lot number described as follows, to-wit:
being In the form Of parallelOgram, measuring 70
chains and links the easterly line of said Lot
lumber /, commencing at the northwest corner, and
measuring chains and 60 links from said north
corner, along the north line Of said Lot number ],
the opposite sides being equal and parallel TO those
two measured sides and also much of said Lot
number as lies between said last parcel above de-
seribed and the north end of Lot number 2?3 in said
town Of Pomeroy.
It is shown in said petition aforesaid that the said
defendants, Aaron Murdeck and Lewis s. Nye, were
partners under the name aforesaid, of Murdoch d
Nye, and that their business that Of buying
wheat, manufacturing and selling -four, and running
Touring mill, situate on the premises above de-
scribed, and having on hand and owning as such
partners, large amount Of wheat, -four, and other
personal property, and being, such partners, al
the same time, largely indebted in various amounts
TO divers persons, amounting TO about forty thousand
dollars, and being unable to pay said amount IN con-
temptation of insolvency, and for the purpose ol
hindering, defraudng and delaying their creditors
in the collection Of their just debts. sad petition
charges that said MurdOck d Nye combined and con
federated with one William G. Williamson, who had
knowledge of tho aforesaid fraudulent purpose, and
conveyed to said Williamson the undivided moiei;
Of the aforesaid real estate, for the nominal consid
GRAFTON of ten thousand dollars, as plaintiffs In said
petition charge upon secret trust i9r Inc use and
or adequate consideration. Said petition further
shows that ut about the time, said Murc )ck
& Nye, for the same fraudulent and unlnwiul pur-
pose, sold aud transferred to said Williamson the
divided half of said wheat four and other personal
property; and that said sale and transfer was made
by said Murdock'& Nye, and received by said Viii.
Hanson for the purposes aforesaid, and upon the
secret trust aforesaid for the benefit of sad Murdock
d Nye. Said petition further shows, that from said
first day of May till or about the second day OF
December 1855, said Murdoch " Sye and said vii.
hanson carried on said business and run and used
said mill as partners, the said Murdoch u Nye being
or pretending to be, interested in said new concern
the amount of one-haf, and said Williamson to the
amount Of Onehalf, upon an agreement, or pre-
tended agreement, that the profits and losses were
pl,r.I hNRn nHlv apItI Iit nI,nm
full and final settlement of said new concern, and OF
the stock, profits and losses thereof, large amount
would be found due from said Williamson to said
Murdock IL Nye. Said petition further shows, that
afterward, or about the Sthday of October, 1858
the said Lewis S. Nye being seized in fee of he fol
lowing real estate, situate in said town OF Pomoroy
to-wii: that part of Lot namber 24l in said town OF
Pomeroy which vas conveyed to the said Lewis S
Nye by X. G. Grant and Louisa Murry, as executor
and executrix of the will of William Murry deed
by their deed of the date Of the first day of January
A. D. l941; tho being no feet OIL of the upper
or eastery side Of said Lot number PAL and also The
river bank in front of said ITO feet, extending from
the street to low water in the Ohio River, and also
all Of the land lying back of, and adjoining to, said
parcel of llO :cct and being between the same and
thirty foot street laid out in front OF the copl hill
which last mentioned parcel was conveyed TO the
said Lewis s. Nye by U. Tracy Howe, J. G. Wright
and 1hos Irving by their deed OF the 29lh Of Feoru
ary A. D. lS4e, aud also, parcel Of land lying west
Of and adjoining to, the last mentioned PARCEL and
beiug oi the width OF ~ iee OH the rear end OF said
Lot number PAL and OF the like width OF 20 feet on
said thirty foot street, and extending from said Lot
number 94I 10 said street.
Said petition alleges that said Murdock d Nye be-
ing still largely indebted aforesaid the suia Lewis
S. Nye, by his deed of that date conveyed the real
estate last aforesaid TO said william &. Williamson
for the nominal cOnsdsration of 1900, but as said
petition alleges, for no real or adequate consdera-
l0n and upon secret trust for the use and benefit
of said Lewis s. Nye, and that the conveyance last
aforesaid made and executed through fraud, and
for the purpose of hinderDg, defraudng and de-
LAYING the creditors of the said Murdoch d Nye. Said
petition further shows that after the time OF the
making of the conveyance last aforesaid, on or about
the first day of December, 1885, the said Lewis s. Nye
and the said Aaron Murdoch each sold, assigned and
delivered to said Williamson various and divers ar
tces Of personal property, tke individual property
of each upon certain pretended terms and cOusdera
lions, which the plaintiffs in said petition aver are
unknown to them, but for the same fraudulent and
unlawful purpose of hinderng, delaying ana de-
Nye. The plaintiffs In said petition further charge
that said William c. Williamson is largely indebted
said Murdock d Nye. and to each of then and that
other persons unknown to the said plaintiffs are, Us
they aver, indebted TO the said Murdoch g. Nye, and
to each of them, and that said Murdoch d Nye have
and own eauites effects and chooses, not liable to
ecution at law which they secrete, and which said
plaintiffs in said petition aver, ought 10 be subject TO
the payment of said judgments. The plaintiffs i'll
said petition, by OF the premises, drmahd and
pray that said deeds of conveyance may be aside
to the creditors of the said Murdoch Nye, that
said sale and transfer of personal property may be in
like manner set aside and declared fraudulent, that
said real estate and personal property may be sold
for the satisfaction Of said Judgments that said Will
hanson may be adjudged to pay in satisfaction OF
said judgments any amount in which he may be iu-
debted to said Murdock u Nye or to either of them,
that any other debts due to, chooses equities of,
said Murdock d Nye to be disclosed, may be sub
jected, in like manner,t to the ment of said judg-
nents, that said Murdock d Nye may be adjuaged
and compelled to disclose all their said equities,
chooses and debts due them or either of them, that
account may be taken of said new firm and partner
ship, and the amount found due from said William
sou applied in pa! ment of said judgments, and that
the plaintiffs may have such other and further relief
ID mat upIn itah a Ia n q a.
titled that he is required to appear and answer said
pet iton on or before the third Saturday after the
24th of September, A. d. 1859. .
MITCHELL G. OTHERS,
BY CARLETON & WEIGH,