Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-11-12
E-THESATDO DEFEND

NOTICE-THE SAID DEFEND
~ ANTS will take notice that on the 9th day Of
November, 1860, Plaintiff filed It's petition in the
Court Of Common Pleas, Tor Cuyahoga county, Uhio,
against said Defendants, the object Of OF which
petition is to SO 70 with interest on s44 W
from March 1. ls60 and S44 o. from September ],
1890 due from said Isaac l. Hewitt as interest on
three notes given by said Hewitt to Plaintih, dated
September 1851, one for sSOui payable 70 Plalntn
ave years alter date with interest at six per Centum
for s. 800 payable TO said Plaintiff hve years after
date, with interest at six per centum per aunun1i
payable semi-snnualy at said Bank, and one for
500 OO payable six years alter date to sad Plalntn
with interest at same rate payable semannually at
said Bank, the said Hewitt having Jailed to pay the
interest which fell due said notes March i, ls6O
and September, l, 1850.
Said petition also sets forth that to secure the pay
ment OF said first mentioned note, the said Isaac l.
Hewitt aud Ann L, Hewitt, executed and delivered,
the 18th day Of September, 1857, their mortgage
deed the following described premises to Wit all
that certain lot and parcel Of land lying and being
in the City Of Cleveland, county Of Guyahoga1 and
State Of Ohio, bounded the south by West street,
on the west Dy MerNln street, ana on the noEtl anu
east by lot lines and known as lots mum Del ~ 10, y
and 49, in Hewitts sub division OF lots in the City Of
Cleveland, which mortgage was duly recorded ~
6l4 together with all the privileges and apPurtenan-
ces thereunto belonging together with the rents,
issues and PROFITS thereof and that to secure the pay
meDt ofthe other two notes, said Isaac L., and Ann
L., executed and delivered on the same day, their
other mortgage deed Of the following described prop
erty in said City Of Cleveland wits bounded north
by West street; the south by lot inei on the west
By Merwin street 90 feet more o. less 10 l6 feet al
ley, and known lots s. 9 10 IL, Y, l3 and "a, in
Hewitt's subdivision OF lots In the City OF Cleveland
and all the estate right, title, interest, claim and
demand. both at law and in equity Of the said Isaac
L. and Ann L., ii in and to said premises and every
part and parcel thereof together with all and sinRu-
lar the privileges and appurtenances and appurte-
nsnces 70 the same belonging or IN any wise apper
tanning, and the rents, issues and prohts thereof
which deed was duly recorded in Cuyahoga County
Records, Vol %, pages Ga 6l5. That said property
is insufficient TO pay all the membranes upon it,
and that said Fay, DeWolf, Wenham, ComstOck,
Newberry, Cory, Meihinch, Dewey & Co., Buhrer,
are tenants and occupying tho under leases
from said Hewitt, and that Plaintiff is entitled 70
have such rents applied towards the payment OF the
principal and interest on its said notes
Said petition further sets forth that the other de-
fendants herein named, claim some interest in, or
lien upon said mortgdged premises but that the in
terests and liens OF them all are subject and inferior
to the claims Of Plaintiff in the same, and asks that
they may set forth their respective claims in this
suit said petition asks for Judgment against said
Hewitt for the said amount Se5U with interest
hereinbefore stated that said premises may be sold
to pay said debts; that said tenants may Be enoned
from paying over the rents 10 said Hewitt, which
may hereafter accrue under their leases for the ap
pOintment Of Receiver 10 collect the said rents
subject 10 the control Of the Court for the ADJUST
ment Of liens and for other proper RELIEF
Said Defendants not served with process viii ans
wer demur 70 said petition BY the 5th day Of jan
ury, S6, or the allegations in said petition viii bo
taken Is true and judgment rendered accordingly.
RANNEf, BACHU5 NUBLEs
November 6, 1850 nov7:3l4 Pitts Att'ys,