M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-08-30
Legal Notice,

Zaleski Company incorpora- The State of Ohio,
ted and doing business un- Vinton County
der the Gws Of Ohio, PIN, Court of Common
VS. Pleas.
Timothy Mannion and Mich
ael lIealy, Defendants.
lrINHE defendants, Michael Ilealy, whose place of
i residence is Wheeling, in the State Of Vir-
ginia, and Timothy Mannion, whose place Of res
idence is unknown will take notice that the plain
titls( the Zaleski Company,a company incorporat-
cd and doing business, under the laws OF the State
ofOhio, IN said Vinton County has this day filed
in ihe Court Of Common Pleas within and for
said County ofVinton, It's petition against them
the said defendants, which petition will bo for
hearing at the next term of said Court, setting
up rnd ayerrng IN said petition that the ,aid de-
tend&nt, Timothy ManniOn, on the Sth day of
July, 4. D. 1857, purchased of the said plaintiff,
acting in their said corporate nsme the real es-
tate hereinafter descrbe(, and being six hundred
and sixty-six and two-thirds square yards of
land, in the town of Zaleski, County of Vinton
aud State ofQhio, commencing l6s feet north of
the corner of Commercial and Second streets;-
thence in an eastery detection with the line oftho
alley one hundred and fl:y feet; thence north with
tho linz o. 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 street42 feet to
place of beginning, and IN consideration of which
said sale 80 made as aforesaid, the said Timothy
Mannion agreed to pay tho sum of 800 cash in
hand, $l00) on tho first day Of July, A. d. 1858,
and 1920 on the first day ofJuly, A. D. 1859, de-
terred payments bearing interest from said date
Of said contract. That said Manaion subsequent.
ly purchased strip of land adjoining said first
described tract, being of tho same depth, front
ing on said Second street, and being two feet in
width Throughout, for and in consideration of
which said Manni0n, on said first day of July, A.
ID. 1859, was to pay the sum Of sixteen dollars in
lated. '' Il. o. '"' - a. -
The said plaintiff further 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 materiGls--lurber, brick, lime, &c., of
large amounts for the purpose ofbuilding and
improving said premises. That said Mannion
made certain payments upon said indebtedness
until there remained, On or about the first day of
February, A. d. 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 S40l or thereabouts,
for which said sum said defendant Mannion, ok
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
ana are enuIIed toreceLVe tne 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 estate, herenbefore described, to
said Michael Healey, and by said sale transferred
all his interest in and to the same to said Healy.
That said sale to said Healey 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 as aforesaid and also
to prevent other creditors from collecting am'nts
due to them by selling said premises. The pain
tiff admits that on the 3lst day January, 4. d.
$780, said plaintiff conveyed said premises to said
Michael Healy by deed upon certain representa-.
tons of the parties, whichit charges were false
and made with the intention Of defrauding the
plaintiff ont of its rights in the premises The
plaintiff in said petition prays that said contract
betweensa Mannion and said Ieaey may be
decarediapd held to be without consideration and
void That said deed ofconveyance so made by
saidplantiff 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 duo from |
him on said premises; and that said premises may
be declared to be sold and the proceeds arising |
from said sale applied to the payment ofsaid debt
and for all other necessary relief. ~ q
p, - ZALESKl COMPANY, Pl'h.
By YAPLE & MAoKEY, Attorneys.
August 10, 1S60.--1'6w.