Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-11-19
SAID DEFEND.

NOTlCE-THES SAID DEFEND
IN ANTS will take notice that on the 9TH day Of
November, 1850, Plaintiff filed its petition in the
Court OF Common Pleas, Tor CuyahOga county, Oul1i
against said Defendants, the object Of prayer OIL Whlch
petition Is 70 recover Seo0UO with interest On SiiiW
IRON March 1. 1860, and on STA o. from September l.,
1850, due from said Isaac l.. Hewitt Us interest on
three notes given by said Hewitt 10 Plaintil, dated
September !, 1851, one Tor s5,OUO, payable 10 flalnslH
five YEARS after date with interest at six per Cehtuni
per aunum, payable semi annually al said Bank, one
iOr s4,5UJ pay able 70 SAID PlaintIu nNe years AFTER
date, with interest ~ SIX per contum per ahnumi
payable semt-annuahy &C said BANK anu one lo5
S1,J0U 90, payable Six years after utte 10 sdlu Llaln'm
with interest at SAINT rate, payable soWl-annually al
said Bank, the said Hewitt having lailed 10 pay Inc
interest which fell due On SAID notes March i loou'
and September, lS5O.
Said petition also sets forth that to secure the pay
meut Of said first mentioned note, the said Isaac l..
Hewitt and Ann A.. Hewitt, executed anu deunered'
ON the 18Th day Of September, 1897, their mortgage
deed On the following described premises to Wit; all
that certain lot and parcel Of iaud lying ana being
IN the City Of Cleveland, county Of Guy ahUga, anu
state OF ohio, bounded on the south by West street,
on the west By Morwin street, and on the north ana
east by lot lines, ana knOWn as lots NUMBER 10 10, u
aud Is, in ncW1ttis sub division OF lots IN inc Cly Ol
Cleveland which mortgage vas uuiy IeGOrIeu ~
CuyahOga County hec0russ NOl.yA paeesOlz, ol9anu
OIL, together with all the privileges and apPurtenan-
ces thereuntO belonging, together with the renls,
issues and profits thereof, and that to secure the pay
ment Ofthe other Two notes, said Isaac L., and Ann
L., executed and delivered on the same gay, their
other mortgage deed OF the following described prop
| erty in said City OF Cleveland, To wit; bounded north
by West street. ON the south by lot line on the west
! By Merwiu street 90 feet, more or less, 10 a 10 teet al
ley, and known as lots Z, s, 9, 10, II, Y, Is and II, IN
| Hewitt's subdivision OF lots In the City OF Cleyelandi
aud ali the estate, right, title, interest, claim and
| demand, both at law and in equity OF the said Isaac
! l.. and Ann L., IL in and to SAID premises and every
part and parcel thereof, together with all and slngu-
lar the privileges and appurtenances and appurte-
nances 10 the same belonging or IN any wise apper,
aiming. and me rents, i-sues and profits thereof
which deed was duly recorded in Cuyahogd County
/ Records, Vol. ~, pages GA, 6l5, That said property
is insufficient TO pay all the membranes upon It,
and that said Fay, DeWolf, Menham, ComstOCki
Newberry, Cory, Melhinch, Dewey a Co., Buhreri
ars tenants and occupying the same under leases
from said Hewitt, and that Plaintiff is entitled to
have such rents applied towards the payment Of the
principal and interest on its said notes
Saiu petition further sets forth that the other de-
! PENDANTS herein named, claim some Interest IN, OF
lien upon said mOrtgdged premises, but that thH IN
terests and liens OF them all are subject aud inferior
To the claims Of Plaintiff in the same, and asks thai
they may set forth their respective claims in this
suit. said petition asks for Judgment against sllo
Hewitt for the said amount Of SoSU with interest, a.
hereinbsiore stated; that said premises may DO sole
to pay said debts; that said tenants may be enJOinec
from paying over the rents 70 said Hewitt, which
may hereafter accrue under theu leases Tor the ap
pOintmeut OF a Receiver 10 collect the said rents
subject 10 the control Of the Court; Tor the ADJUST
ment OF liens and for other proper relief,
Said defendants, not served with process, viii ans
wer or demur 10 said petition by the 9th day OF Jan
ury, 1861, or the allegations in said petition Will b.
taken as true and judgment rendered accordingly.
RANNEH, BACHUS 4 NOBLE,
November G.. 1850. nOv7:3l4 Pitts Att'ys,