Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-11-14
NOTICE-THESAID DEFEND

L. O+@AO =
IN ANTS will take notice that on the 9th day Of
november, 1860, Plaintiff filed It's petition in the
COuLtOl 49, ~ OOuty -
against said Defendants, the Object OF prayer OF (which
petition is to recover SSo0O0 with interest on S444U-
rem March l. 1860, and on S444 o. from september I
1860, due from said Isaac l.. Hewitt, as interest on
three notes given by said Hewitt TO Plaintiff, dated
September ], 1857, one for S3,OUOs payable to Plaintiff
hvo years after date with interest at six per centum
per annum, payable semi-annually at said Bank, one
for 81, 500 payable to said Plaintiff five years after
date, with interest at six per centum per annum,
payable semi-annually at said Bank, and one for
S7,50U 10, payable six years after date TO said Plaintiff
with interest at same rate, payable semi-annualIy at
said Bank, the said Hewitt having failed to pay the
interest which fell due on said notes March ], 1860,
and ~Septemberl, 1860.
Said petition also sets forth that to secure the pay
ment OF said first mentioned mole, the said Isaac l..
Hewitt and Ann L.. Hewitt, executed and delivered,
on the 18th day of September, 1857, their mortgage
deed on the following described premises to wit; all
that certain lot and parcel OF land lying and being
in the City of Cleveland, county Of CUyahoga, and
State Of ohio, bounded on the south by West street;
on the west by Merwin street, and on the north and
east by lot lines, and known as lots number 10, 10, II
and Is, in Hewitt's sub division OF lots in the City OF
CLEVELAND, which mortgage was duly recorded in
Cuyahoua County Records, Vol. ", pages Oh, 6l3 and
so, toqeIher with all the privileges and appurtenan-
ces thereunto belonging, together with the rents,
issues and profits thereof, and that to secure the pay
ment 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, to wit: bounded north
by West street; on the south by lot line on the west
by Merwin street 80 feet, more orless, 10 a 10 feet al
ley, and known as lots Z, s, 9, 10, IL, y, - and Il, in
HeW1tt's SUBDIVISION OF lOts IN the Olty OICIeFeLanui
and all the estate, right, title, interest claim and
demand. both at law and in equity Of the said Isaac
l.. and Ann L., if in and to said premises and every
part and parcel thereof, together with all and singu-
lar the privileges and appurtenanees and appurte-
nances TO the same belonging or in any wise apper-
tanning, and the rents, issues and profits thereof,
which deed was duly recorded in Ouyahoga County
Records, Vol. 80, pages GA, 615, That said property
is insufficient to pay all the membranes upon il,
and that said Fay, DeWOlf, Wenham, COmstOCk,
Newberry, Cory, Melhiuch, Dewey & Co., Buhrer,
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.
Said petition further sets forth that the other de-
PENDANTS herein named, claim some interest in, or
lien upon said mOrtgaged 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 Of $50 with Interest, as
stated; that said premises may be sold
to pay said debts; that said tenants may be eniOined
from paying over the rents to said Hewitt, which
may hereafter accrue under their leases; for the ap-
Of a Receiver to collect tho said rents,
subject to the control of the Court; for the adjust
ment of liens and for other proper relief,
Said Defendants, not served with process, williams
wer or demur to said petition by the 9Th day Of jan
ury, 1861, or the allegations in said petition will be
taken as true and Judgment rendered accordingly.
kANNEY, BACHUS & NOBLE,
November 6, 1860. nOy7:3l4 Pitts Att'ys,