The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1860-07-27
LEGAL NOTICE,

STATE OF OHIO, GE. In the Court of Com.
Eleuzer Hickox. plaintiff,
Charles S. Hoard, Samuel d. Bishop and Joel R.
Ensign, defendants.
SAlD Joel R. Ensign, who is nonresident Of
- said State oi Ohio, will Take notice that ON the
Goth day Of April.A. ID. 1860 said Eleazer Hicko1
as pnin,f, filed in the office Of the clerk of said
Court his certain petition, alleging in substance
that on the 26th day Of October, A. d. 1858. said
Charles s. Hoard made and delivered his three GER
tain promissory notes Of that date payable to said
Hickox; one for 5000, one year from date; one for
5000. two years from da,e; and one for slos.42,
three years from all on annual interest, to
commence on the first day Of September, A. d.
ls5S--nnd 10 recure the payment of said notes.
said Hoard executed and delivered a mortgage
deed to the plnntif, conveying to him the follow
ing premises, lands and tenements situate in said
County of Geauga. nud known and described as
part Of Lot no. 81 IN the township Of Burton,
county aforesaid, and bounded as follows, TO wit:
beginning at the southeast corner Of the east and
west center street. on the west side OF the Public
Square; thence norh on the north and south line
OF suid Public Square, to land lately decided 10 the
Congregational Society by Z. Hickox; thence west
far enough that n parallel line running south to
the enst and west center street. shu contain three
ncres and one hundred rods OF land; thence east
10 the place OF 5eginning-which snid mortgage
deed was and 10 subject TO a condition of defea.
sance upon the panctual payment Of said three
promissory notes by said Iionr I'd and certain 9th
er note given by him TO said defendant, Samuel
ID. Blshop-which mortgage wasd duly recorded
see vol. Sc Gesuga County Records, pages 1885 and
1876. And the plaintiff AYERS in his snid petition
that no part Of said notes have been paid thrt
The original consideratio tion ot said notes was and is
the purchase price OF the above described premises
that on the said 26th day Of October, 1858, the
legal title to said premises was in the plaintiff
tha he then conveyed The same to sa id Hoard a nd
took the aforesaid mortgage 10 secure the payment
OF the balance oil the purchase money, which by
agreement with snid Hoard was to be prior lien
to all others upon 50. premises-ihat the arrange
ment was made at the special request and Tor the
benefit Of said Hoard that said Hoard promised
to take said mortgage TO the Office Of the Recorder
Of suid county ior record, and place the same on
iie prior to any other incumbrunce-that he took
the same to Chardon on the day OF ils execution.
ant, Joel X. Eusign. combining and coniedera,ing
to cheat and defraud The plaintiff. with full
knowledge on the part Of the said Ensign, Of the
arrangement by and between the plaintiff and said
recorred-and with fraudulent design on the part
of said Hoard and Ensign to wrong and injuIe the
plaintiff. he the said Hoard, executed and deliV-
cred a certain other mortgage deed to said En-
sign, to secure the payment OF certain notes there
in mentioned, TO which reference may he lad Tor
a complete description II that said Ensign received
said last mentioned mortgage, and by collusion
with said Hoard went and filed the same iu the
Recorders Office OF said county for record, about
ten minutes prior to said Hoard filing plaintiffs
mortgage for record. and tho whole Transaction
plaintiff alleges, on The part Of said Ensign. was
with knowledge Of plaintiff rights and equities,
and done iu fraud thereof The prayer OF the pc.
ttion iS for judgment in favor Of plaintiff against
said Hoard for the amount due him on the three
promissory notes first described; and that sail
premises be sold 10 pay the ame-und that said
Ensign's mortgage lien be postponed 10 plaintiffs
mortgage, and other relief.
The defendant Joel R. Ensign, will answer
said petition on or before the 9th day OF Septem-
Der, A. d. 1860. and in default Of an answer the
avermenis will he tskeA as confessed, and decree
Of the Court rendered accordingly
THRASHER, DURFEE & HATHAWAY,
Plainufrs attorneys.
Dated July 18th, 1860. 5lsw6