The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1860-07-13
LEGAL.
LEGAL NOTICE.

LEGAL NOIICEs
STATE OF OHIO, GE. In the Court Of Com.
AUGA COUNTY, IS. ! mon Pleas.
Eloszer Elickox, plaintiff,
rs.
Charles 8. Hoard. Samuel D, Bishop and Joel K.
Ensign, defendants.
ctAID Joel r. Ensign. who isa nonresident OF
y said State Of Ohio, will take notice that on the
2Oth day of April A. D. ls6o.snid EeazeI Hirkoxt
as plaintiff filed in the offce Of the clerk Of said
Court his certain petition, alleging IN substance,
that on the 26th day ci October. A u. 1853, snid
Charles s. Hoard made nnd delivered his ihree Ger.
tnin promissory notes OF that date. payable to soid
Hckox; one for 800, one year from date; ore tor
5000. two years from dae; and one Tor $l0942,
three years from date all OF annual interest, TO
commence on the first day OF September. A. ID.
ls5s-nnd to secure the payment OF said notes,
and Hoard executed nnd delivered mortgage
decd TO the plaintiff, conveying TO him the follow.
ing premises. lands and tenements situate ~ end
County of Geaugn. nnd known und described us
a part Of Lot no. "a IN the township OF Burton,
county aforesaid, md bounded ne ioIlowe, to wit:
beginning a, the southeast corner OF the ens and
west center street. on tie wtet side OF the Pubic
Sauare; thence nor h on the north and south line
oil said Public Squnre, 10 land lniely deeded TO the
Congregational Society by d. Hickox; thence west
far enough that parallel line running sou,h to
the enst and west center street, shal contain three
ncres and owe hundred rods OF land; thence eust
to the place ol beginning which said mortgage
deed was and is suhject to n condition OF deea'
snnce upon the punctual payment OF saiu thr,e
promissory notes by said Hoard and certain 9th.
er note given by him TO said defendant, Samuel
ID. Bshop-whch mortgage was duly recoTed-
zee vol Sc Genuga County Records. pages l35 and
1856 Aud the plaintiff nvers in lis snid rtttion
that no pnri ot said notes have been pniC- that
the original consideration OF aad notes was nnd is
the purchase price OF The above described premises;
that on the snid Goth day OF October ie9e' the
leRnl title to snid premises was IN the palnln-
tha he then conveyed he same 10 sa Id Hoard AID
took the aforesaid mortgage o secure the payment
of the balance OF the purchase money, winch by
agreement with said Hoard was to lie prior lien
tO all ihers upon said premises that the arrange
ment was made at the special request Ind Tor lie
benz fit OF said Hoard that said Hoard promised
10 take said mortgage to the office Of he Recorder
of said county iOr record. and place the same on
fi'e prior to any other incunlbrance-that he took
the same TO Chnrdon on the day OF lts execution.
and then and there anid Hoard aud SAID defend.
ant Joel K. Eusgn combining and conederntiig g
to cheat and defrnud he plainlih. win a fuil
knowledge on the part OF the said tnslgn ct the
arrangement by and between the plaintiff md said
Hoard 10 have sad mortgage OF the plaintiff first
recor,ed-and with fraudulent design on the part
of said Ioar.i and Ensign to wrong and inluTe iho
plnintiif lie, the snid Hoard. executed ond deliv-
cred certain o'h'r mortgage deed 10 said In
Sign. TO secuIe the payment of certain notes here
in mentioned 10 which reference may lie had Tor
complete description -tha said Ensign roiNed
snid last mentioned mortgage, and iy roliusinn
with said Hoard went and filed the same ~ the
Recorders office OF said county for record nbout
ten minutes prior to suld Hoard filing plaintiffs
mo'rgnpe for record. and tho whole Transaction
plaintiff alleges, on he part Of said Ensign. was
with knowledge of plaintiffs rights and equities,
and done iu fraud tIeieoi Tie prr}t Of ileIe'
ttion is for judgment in fnvor OF plaintiff against
said Hoard for the amount due him on the thee
promissoty notes first described; and that sniI
premises lie sold TO pay the snme- and tina, .nd
Ensign's mortgage lien he postponed opaniiff's
mortgage mud other relief.
The defendant Joel r. Ensign, will nnEwer
said petition on or before the 9th day OF Septem-
Der, A. D. 1890. and in default Of an answer the
avermenis will he taken confessed, and decree
of The Court rendered accordingly
THRASHER, DURFEE & HATHAWAY,
Plaintiffs attorneys.
Da ed July 18th, 1850. 54Sw6