The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1860-05-18
THE JEFFERsONIAN DEMOCRAT.
LEGAL.
NOTICE.

ps Court Of Common
The heirs Of John Howard, Pleas OF Geouge
deceased and the heirs Of Geauga Co.. u
John Williams, deceased,
defendants
HNHE said defendants, the heirs OF John HOW
i ard. deceased and the heirs OF John VIII
iams, deceased, are hereby notified That on the
2gth day OF December A. y. 1859, said James
H. Dooiitle, filed in the Office of the Clerk OF
said Court, his certain Petition against said de-
fendonts, nlede!ng and charging lhat on ine I.h
day of August, A. ID. 1899, he. the plaintf en-
tered into a contract in writing with said John
Howard and John Williams. then being in iull
life, by their attorney in fact, Flayel w. Bing'
handy the terms OF which said contract. the
said Howard and Williams bargained and sold
aud agreed tj convey by good and sufficient deed
to the plaintiff the following described Tract
or Lot OF land and premises, to witt "An That par
eel Of land and premises, situate in Troy town
ship, being No in the seventh range IN lhe Con,
noccut Western Reserve. being sixty acres and
15.luO OF an acre in northeast corner OF section
sixteen, in said township, bounded south by fifty
eight acres, the aforesaid day sold to Cyrus Wax
well-east by the east line OF said sectiOn-west
by the center OF the Cuyahoga River-norlh by
the north line of said section, No l6--the north
and south lines being parallel with each oher-
That the plaintiff paid on divers and sundry times
large sums OF money on said contract, as the same
were due and called for That on tie llih day OF
June A. ID. lS49. there wns due on said contract
said Bingham as such attorney Tor s0id Howard
then being survivor of said Williams, which sad
SID, 80 was in tull for the amount oisnd contract,
and entirely pnid ard cancelled the same and said
Bingham as such attorney for said Howard en-
dorsed said contract paid in full, which entitled
plaintiff to deed for said premises; that after
wards to wit; on the 18th day OF June. A ID. H9,
il being supposed by both parties that there was
acuuy less than the quantity mentioned in said
contract said Bingham as such attorney for How
| mi n refunded a.
plaintiff to hold The same without interest Ill said
| lands were surveyed; that snd lands have been
surveyed and found to be OF the quantity stated in
SAID contract and that said 1850 belongs to de-
PENDANTS, which pantiifbrlngs into Court to abide
| the order thereof The further aveTments of the
petition are that plaintiffs entitled TO good anc
sufficient deed OF the said premises from defend
| ants; that said Williams deceased in the State O
Connecticut. after the making of said contract, q
before said lth day Ui June, that said Howard
deceased, after The said 18th day Of June, A. ID
| l949-that the heirs OF said Williams and Howard
| are unknown 10 this plaintiff.
| The prayer of the petition is that the defend
ants specifically perform said contract, on the
part o: said Williams and Howard.
Said defendants are further notified that at the
March Term of said Court A. ID. le6O. twas or
dered by the Court that the plaintiff give notice o
the tendency OF this action by publication IN the
| JefIersonian Democrat n newspaper published q
ofgeneraI circulation in said Geauga County, fol
| six consecutive weeks.
Said defendants are further notified that unless
they answer said petition before the 29h day ol
| Jure A. ID. 1860, the same will be taken as con-
fessed, and judgment rendered accordingly
Said defendants are further notified ,hot dcpo
silions will be taken on behalf OF the plaintiff a
the Office of Flavel W. Bingham, in the City
of Cleveland on the 23d day OF May, A. d. 1860
between the hours OF 8 o'clock A. M. and O'Clock
| p NJ of snid day
THRASIER, DURFEE g. HATHAWAY,
| Plaintiffs Ats
| ApriI 9th, 1860 337w6