Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-12-01
DEFEND

leuuauAa.
MOTICE-THESAID DEFEND
IN ANTS will take notice that on the 9Th day Of
november, 1860, Plaintiff filed It's petition In the
CourtOf Common Pleas, Tor CuyahOga county Onto,
against said Defendants, the object 81 prayer Of which
petition Is 70 recover SosOu0 with interest on tf44W
from March I. 1901, and on sfA o. IRON September i
three notes given BY said Hewitt 10 Plainnh, dated
september /, 1857 one Tor SSYOuJ, payable 70 Plainrn
per annum, payable semi annually at said Bank one
for S4,0UO payable to said Plaintiff nYe years alter
psyabie semi-snnualiy at said Bank, and one for
q, 5OyU W, payable ak years after date % said Plaintiff
said bank the SAID Hewitt having lailsd 70 po tns
Interest which fell due on said notes March l. 1854
SAID pstitfoh also sets forth that to secure the pay
ment q said first mentioned mole, the said Isaac l..
Hewitt and Ann \. Aewltt, executed ena eslSsIeo5
on the 18th day OF september, 1881, their mortgage
deed on the following described premises 20 vii; al
that certain lot aud parcel ofland lying and icing
IN the City OF Cleveland county u Suyah0ea5 aha
State OF Uhio, bounded on the south BY West streeti
on the west by morW1n street, aud on the nortn ana
east By lot lines, ana knoWn - los NUMBER p 10 I.
and rs, in HeWitts sub division OF lots in the City Of
Cleveland, which mortgage. was duly recorded N
Cuyahoga County Records, Vol. y, pages 6l2p 5lS and
GA, together with all the privileges and aPDurteDan-
ces thsreunto belonging, together with me rents,
issues and profits thereof, ana that to secure the pay
ment Ofths other two notes. said lsaac L. and Ann
L., executed and delivered on me same eay5 their
other mortgage deed Of the following described prop
erty in said City OF Cleveland, 70 wiz: bounded north
by West street; on the south By lot line on the west
by Nerwin street 70 feet, more or less, 10 Is feet al
i.v- and known a. lots Z, 5, 9, 10. n, n, 70 aud "A, in
MLL &AA 49,
Hewitt's subdivision oflots in the City Of Cleveland,
and ali the estate, right, title, interest, claim and
demand. both At law and in equity OF the said Isaac
l.. and Ann L., il in and to said premises and every
part and parcel thereof, together with all and slngu-
lar the privileges aud appurtenances and appurte-
nanCes to the same belonging or IN any wise .apper--
tanning, and the rents, issues and pronts thereof
which deed WAS duly recorded in CuyGhogH County
Records, Vol. y, pages GA, 6la, That said property
is insufficient TO pay all the membranes upon it.
aud that said Fay, DeWolf Wenham, ComstoCk,
NeWberry, Cory, Melhinch, Dewey q Coz BuhrerS
are tenants and occupying the same under leases
from said Hewitt, and that Plaintiff Is entitled to
have such rents applied towards the payment Of the
principal and interest on its said notes.
safi petition further sets forth that the Other de-
PENDANTS herein named claim some interest IN, or
lieu upon said mortgdged premises but that the m
terests and liens oil them al are SUBJECT and Inferior
to the claims OF Plaintiff IN the same and asks that
they may set forth their respective claims IN lhl5
suit. said petition asks for Judgment, against SAID
Hewitt for the said amount Of SoeO with interest, az
hereinbaiore stated; that said premises may be sold
TO pay said debts; that said tenants may Do enOlned
from paving over the rents 70 said Hewitt winch
NAV Hereafter accrue under their leases Tor the ep-
pointment Of a Receiver TO collect tbs said rents
subject TO the control Of the Court; for the ADJUST
| Ken tOf liens and tJr other proper relief,
Said Defendants, not served with process Williams
wer or demur to said petition by the 9th day Of jan
nry, 1851, or the allegations in said petition will be
taken a. true and judgment rendered accordingly.
RANNEH, BACHUS q NOBLE
LHAL4 MMhuE