M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-09-06
legal Notice,
Zalcski Company incorpora- The State of Ohio,
ted and doing business un- Vinton County
der the laws Of Ohio, Plf, Court of Common
VS. Pleas.

ted and doing business un- Vinton County
der the laws of Ohio Prf, Court of Common
vs. Pleas.
Timothy Mannion and Mich
ael Healy, Defendants.
TNHE defendants, Michael Healy, whose place Of
Il residence Is Wheeling in the State Of Vir-
ginia and Timothy Mannion, whose place Of res
idence is unknown win take notice that the plain
tlffs( the Zaleski Companya company incOrporat-
ed and doing business, under the laws of the State
of0Eio, in said Vinton County, has this day filed
in the Court Of Common Pleas within and for
said County of Vinton, its petition against them
the said deiendan1s, which petition will be for
hearing at the next term Of said Court, setting
up fnd avorring IN said petition that the raid de-
tendgnt, Timothy Mnnnion, on the Sth day of
July, a. D. 1857, purchased Of the said plaintiff,
acting in their said corporate name, the real es-
tate hereinafter described, and being six hundred
and siXty-six and two-thirds square yards of
land in the town of Zaeski, County of Vinton,
and State OfOhio, commencing l6S feet north Of
the corner of Commercial and Second streets;--
thence in eaStery direction with the line of the
alley one hundred and fEIy feet;thence north with
the lille of said alley forty two feet thence in
westerly direction and in line parallel with
said first described line one hundred and fifty feet
to the line Of said Second street, and thence south
the with the line of said Second street 42 feet to
place of beginning, and in consideration of which
said sale so made as aforesaid, the said Timothy
ManniOn agreed to pay the sum of 800 cash in
hand $lO0) on the first day of July, A. d. 1858,
and Sl20 on the first day ofJuly, a. d. 1859, de-
ierred payments bearing interest from said date
of said contract That sAid ManliOn subsequent
ly purchased a strip Of land adjoining said first
described tract, being of the same depth, 'front.'
ing on said Second street, and being two feet in
width Throughout, for and in consideration of
which said Mannion, on said first day of July, A.
d. 1855, was to pay the sum Of sixteen dollars in
addition TO tie amounts as seyerally above stipu-
lated.
The said paintif further says that said plsin-
tiff still acting in said capacity and under said
corporate name Of Zaloski Company. bargained,
sold and delivered to said defendant, Mar hion at
his own special insSinee and request, certain
building mGterials--luUber, brick, lime. &c of
large amounts for tho purpose Of building and
improving said promises. That said ManniOn
made certain payments upon said Indebtedness
until there remained, on or about the first day of
February, a. ID. 1860, lat which time there was
an amicable settlement by and between the par
ties of all Of said several matters ofcontract and
and account), the sum Of $40l or thereabouts,
for which said sum said defendant, Mannion, ex
ecuted his prOmissory note to said plaintiff, and
then and there delivered said promissory note to
said plaintiff, who now hold and own said note
and are entitled to receive the amount due on the
same,
The said plaintiff in said petition further SAYS
that afterwards, to- wit: on the Tth day of July,
A. ID. 1859, said defendant, Timothy Mannion,
old said real state, hereinbefore described, to
said Michael lIealay, and by said sale transferred
all his interest in and to the same to said Healy.
That said sale to said Heaey was wholly without
consideration, and void. The same having been
made to prejudice the lein of said plaintiff for
said purchase money and building materials so
by said plaintiff furnished Us aforesaid. and also
to prevent other creditors from collecting am'nts
due to them by selling said premises. The pain
tiff admits that on tire 8lst day ofJanuary a. ID.
1860, said plaintiff conveyed said premises to said
Michael Healy by deed upon certain representa-.
tons of the parties, which it charges were false
and made with the intention of defrauding the
plaintiff OFT of its rights in the premises. The
plaintifin said petition prays that said contract
between said Mannion and said Healey may be
deelareds land held tohe without consideration and
void That said deed OF conveyance SO made by
said plaintiff to said defendant Healey may be de-
clared void and held for nought. That said plain
tiff may have Judgment against said defendant,
Timothy Mannion, for the amount so due from
him on said premises; and that said premises may
be declared to DO sold and the proceeds arising
from said sale applied to the payment of said debt
and for all other necessary relief. -
F4 - ZALESKf COMPANY, Pl'f.
By YAPLE g. MAoKEY, Attorneys.
August 15; 1s60.--r6w.