The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1860-03-14
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NOTICE E.
Luther, Grail s Co.
Robert McMahan, Emily 4. -5a, .s
Nc Maban, Elizabeth Me- T, Asb1ond countv
Margaret J. Yarnell, John
Dunlevy. Mary Dunlevy.
George w. Bassford and
Elizabeth McMahan.
TUNHE said DEFENDANTS, Robert McMahan, Emily
A. McMahan, Elizabeth McNahan, aaron Var
mel, Margaret J. Yarnell. Jo.n Dunlevy- Mary Dun
lew. George W. Bassford, Elijah tn McMahan are
hereby notified that the plaintiffs, Luther, Grail &
Co did on the 18th day of February, +. u. !eoo,
file a petition in the Office of the Clerk OF the Court
of Common Pleas of Ashland county. Ohio, against
the said defendants, the object and prayer OF which
said peritien is as follows:
Said petition sets forth that the said plaintiff re-
covered a Judgment against Robert McMahen, and
Aaron Yarneli in the Court of Common Pleas of
Richland county. Ohio. at the 49, term OF said
court tor The sum of three hundred and thirty two
dollarsand 80 cents and costs OF siiit; anu also at the
same term of the Court the said plaintiffs recovered
n Judgment against the said defendant Robert Nc
Mahon, for the sum of one hundred ana thirty-si1
dollars aud rs cents and cost of suit; and that sald
judgments are yet remaining unsatished and unpaid:
and that one Thomas McMahan of said Ashland
county, died seized of the lands and tenements de-
scribed in said petition, both in the county of Ash
land and Holmes. -.
hut left rs his brothers and sisters. who are his
heirs at law, the defendants, Robert MeMahan, MAR
care ii. Yarnell. Mary Dunlevy, Ehzaoeih mcManan,
who are defendants, together with other brothers
and sisters who are not defendants. That said
Robert McMahan and Aaron Yarnell. were partners
in trade, in the town of Loudonville and that they
failed in business; and that prior TO the time OF
said failure, the said lartners, purchased OF ana
from one Sarah Rowan. who was also a sister OF SAID
Thomas McMahan, all her right, title and interest
in the estate of said Thomas McMahan, save anu ex-
cent her share in Lots Nos. 46, 80, 81, and st in Lou
donville, in said county of Ashland. And that said
defendants. about the time rheywere in failing circum-
stances, caused the tile to said share to DC convey
ed TO said Margaret J. Yarnel, insteado OF TO SAID pins
for the purpose of keepingthe same from their cred
i,ors. and. that said share was paid by said IL Nc
Mahan and A. Yarnell the defendants out OF the
partnership funds and assets.
Petition further sets forth that in the fall OF the
wear A.. d.. 1854. the said Robert McMaban, pur-
chased all the right. title and interest OF Mary Dun
levy. in and to the said Estate of said Thomas Nc
Mahan and also The share of Sarah Rowan in said
town lots as. 81. 50 and sc, so sold as aforesaid by
said Sarah Rowan to Mary and John punlevy. and
that for the purpose of coneealing his ownership.
aud keeping the same from his creditors the said
Robert alian caused the deed to be made to one
John J. Whitney, who had no interest in the same,
and did not pay any ofthe purchase money:
The object and prayer of said bill is that the deeds
made to Margaret J Yarnell and TO John D. Whit
new be set aside, and decreed TO be null and Void
and that the said lands may he sold for the payment
of said jud .men;s interest and costs.
KENNY, FULTON &
6ws7 Plf 5 Attys