The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1860-03-07

TT E.
Luther, Grail s. Co.
Robert McMahan, Emily A.
McMahan, Elizabeth Nc r. .s cou,u
Mahan, Aaron Yarnell, common p1oas
Margaret J. Yarnell, John
Dunlevy, Mary Dunlevy,
George w. Bassford and
Elizabeth McMahan.
TIME said defendants, Robert McMahan, Emily
A. McMahan, Elizabeth McMahan, Aaron Var
nell, Margaret j. Yarnell. John Dunlevy, Mary Dun
levy, George W. Bassford, Elizabeth McMahan are
hereby notified that the plaintiffs, Luther, Grail s.
Co. did on the 18th day of February, A. d. 1860,
file a petition in the office of the Clerk of the Court
of Common Pleas of Ashland county, Ohio, against
the said defendan' s, the object and prayer of which
said petition is as follows:
Said petition sets forth that the said plaintiff re-
covered a judgment against Robert Mcmahon, and
Aaron Yarnell in the Court of Common Pleas of
Richland county, Ohio, at the - term of said
court for the sum of three hundred and thirty-two
dollars land SO cents and costs of suit; and also at the
same term of the Court the said plaintiffs recovered
a judgment against the said defendant Robert Nc
Mahon, for the sum of one hundred and thirty-six
dollars and rs cents and cost of suit; and that said
judgments are yet remaining unsatisfed 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.
And that said McMahan died leaving no children;
but left as his brothers and sisters, who are his
heirs at law, the defendants, Robert McMahan, Mar
care II. Yarnell, Mary Dunlevy, Elizabeth McMahan,
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 partners, purchased of and
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 and ex-
cept her share in Lots Nos. 46, so, So, and sc in Lou
donville, in said county of Ashland. And that said
defendants. about the time theywere in failing circum-
stances, caused the title to said share to be convey
ed to said Margaret J. Yarnell, instead of to said plfFs
for the purpose of keepingthe same from their cred
itors, and, that said share was paid by said R. Nc
Mahan and A. Yarnell the defendants out of the
partnership funds and assets.
Petition further sets forth that in the fall of the
year A. D. 1854, the said Robert McMahan, 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 46, so, so and Sc, so sold as aforesaid by
said Sarah Rowan to Mary and John Dunlevy, and
that for the purpose of concealing lis ownership,
and keeping the same from his creditors the said
Robert McMahan caused the deed to be made to one
John J. Whitney, who had no interest in the same,
and did not pay any of the purchase money.
The objectand prayer of said bill is that the deeds
made to Margaret J. Yarnell. and to John j.. Whit
ney be set aside, and decreed to be null and yaid,
and that the said lands may be sold for the payment
of said judgments, interest and costs.
. KENNY, FULTON & McC0MBS.
6w37 Plff's Attvs.