M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-09-13
Legal Notice.

Laleski Company incorpora- The State of Ohio
ted and doing business un- Vinton County,
der the laws of Ohio, Plff, Court of Common
~. -, :, vs. Ploas.
Timothy Mannion and Mich
ael Healy, Defendants.
IINHE defendants, Michael Healy, whose place OF
! J. residence is Wheeling. in the State ofVir-
ginis, and Timothy Mannion, whose place Of res
idenceis nnknown,will take noliee that the plain
uIis( ehe Ialeski Company,a company incorporat-
ed and dong business, under the laws of the State
ofOhio, in said Vinton County has this day filed
in the Court Of Common Pleas within and for
sad County ofVinton, its petition against them
the said defendants, which petition will be foI
hearing at the next term of said Court, setting
up ind averring IN said petition that the ,aid dc.
iendant, Timothy Mannioh, on the Sth day OF
July, a. ID. 1857, purchased of the said plaintiff,
aetlng in their said corporate name, the real es-
tate hereinafter described, and being six hundred
and sxty-six and two-thirds square yards of
@ land IN the t9yn ofZalesl.i County of Vinton,
anu ouate OF Onlo, commencing I6S foetnortn OF
the corner of Commercial and Second streets:-
thencein an easterly direction with the line ofthe
alley one hundred and fifty feet;thence north with
the line Of said alley forty two feet; thence in
westerly direction and in limo parallel with
said first tdescrbedline,one hundred and fifty feet
to the line Of said Second street, and thence south
the with the line Of said Second street AZ 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 Sl0O cash in
hand, SlOo) on the first day of July, A. d. 1868,
terred payments bearing interest from said date
OF said contract. That said Man1ion subsequent.
y purchased 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.
ID. 1909, waste pay the sum Of sixteen dollars in
addition to the amounts ,asseVerally above stipu-
lated.
The said plaintiff ftvsher says that said plain
tiff, still acting in said capacity and under said
corporate name Of Zaleski Company, bargained,
sold and delivered to said defendant Mar mon, at
his own special instance and request certain
building materials-lunber, brick, lime, &c., of
large amounts for the purpose of building and
improving eaid premises That said Mannion
made certain payments upon said Indebtedness
until there remained, on or about the Erst day of
February, A. d. 1850, (at which time there was
an n.amicablesettlcment by and between the par
ties "i al of said several matters ofcontract and
and GccountJ, the sum Of $4Ol or thereabouts,
for which said sum said defendant, Mannon, ex-
ecuted his ,promissorJ note to said plaintiff, and
then and there delivered said promissory note to
said plaintiff, who now hold and own said note
Had lta entitled to receive the amount due on the
same,
The said plaintiff in said petition further says
that afterwards, to-wit; on the 7th day Of July,
A D. 1859, said defendant, Timothy Mannion,
sold said real state, hereinbefore described, to
said Michael Eealsy, and by said sale transferred
all his interest in and to the same to said Healy.
That said sale to said IIealey was wholly without
consideration, and void. The same having been
made to prejudice the oin of said plaintiff for
saia purchase money aud building materials so
BY said plaintiff furnished US aforesaid, and also
to preyent other creditors from collecting am'nts
due to then by selling said premises. The pain
tlf qdmits that on the Slst day Of January, A. D.
lsSQ 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 out of its rights in the premises. The
plaintiff in said petition prays that said contract
between said Mannion and said Healey may be
decaredsand held to be without consideration and
void. That said deed ofconveyance so made by
said plaintiff to said defendant Healey may be de-
clared void and held for nought. That said plain
6H may have judgment against said deSndait,
Timothy ManDion, for the amount SO due from
him on said premises; and thaLsaid premises may
bc declared to be sold and the proceeds arising
from said sale applied to the payment of said debt
and for all other necessary relief. ..
ZALESKI COMPANY, Pl'h.
9 By YAPLR & M4cEET, Attorneys.
August i6, ls60.--I6w, So