The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1860-05-04
THE JEFFERsONIAN DEMOCRAT.
LEGAL.
NnTICE.

James II. Doolilte, Plaintiff
U.s. Court ofCommcn
The heirs Of John Howard, Pleus Of Geouga
deceased, and the heirs Of + Geauga Co., o.
John Williams, deceased,
defendants.
TIME said defendants, the heirs Of John How.
i ard, deceased, nnd the heirs of John Will.
iams, deceased, are hereby notified that on the
2"th day OF December, A. D. 1859, said James
H. Dooiittle, filed in the Office Of the Clerk Of
said Court, his certain Petition against said de-
PENDANTS, alledg!ng and charging hat on the 1th
day of August, A. d. 1899, he, the plaintiff, en-.
tered into contract in writing with said John
Howard and John Williams, then being in full
life, by their attorney in fact, Flayel w. Bing-
hnm--by the terms OF which said contract, the
said Howard aud Williams burguined md sold
and ogrced to convey by good and sufficient deed
to the plaintiff the following described Tract
or Lot ollund and premises, to wits "An that par
eel Of land and premises situate in Troy town
ship, being No in tho seventh range in the Con-
nCctcut Western Reserve being sixty acres and
I5l lU0 OF an acre in northeast corner OF section
sixteen, in said township, bounded south by fifty
eight acres, the aforesaid day sold to Cyrus Max.
we'll by the east line of said sectJn-west
by the ceuter OF the Cuyahoga River--north by
the north line OF said section, No l6--the north
md south lines being parallel with each olher.-
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 the lth day ol
June A. ID. l9i9, there was due on said contract
the sum Of Sl6,30, which this plaintiff paid TO
said Bingham as such attorney for said Howard
| then being survivor of said Williams, which said
SIC, 30 was in tul for the amount oisaid contract
and entirely paid and cancelled the same, and saiC
| Bingham us such attorney for said Howard en-
dnrscd Sa d contract paid in full, which entitled
| plaintiff to a deed for said premises; that after
wards, to witt on The l2lh day OF June, A. d. 49
| il being supposed by both parties that there wa!
actually less than the quantity mentioned in sale
contract, said Bingham as such attorney for How
ard, at his own instance, refunded said Sl6,30 Il
plaintiff tc hold The same without interest ill sale
lands were surveyed; that said lands have beeI
surveyed and found to be OF the quantity stated il
said contract; and that said $50 belongs to de
| PENDANTS, which piaintifbrings into Court to abid
| the order thereof. The further averments Of tn
petition are that plaintiff is entitled to good aut
sufficient deed OF the said premises from defend
ants; that said Williams deceased in the Sinte 0
Connecticut, after the making of said contract,
before said ! lth day Of June, that said Howard
deceased, after the snid l2lh day Of June, A. ID
| lS49-thnt the heirs Of said Williams and Howard
are unknown to this plaintiff.
| The prayer of the petition is that the defend
! ants specifically perform said contract on th,
| part OF said Williums and Howard.
Said defendants are further notified that at thu
| March Term of said Court, A. d. lsG0, twas or
dered by the Court that the plaintiff give notice o
the tendency of this action by publication IN the
Jeliorsonan Democrat newspaper published &
| ofgeneral circulation in said Geauga County, 70
| six consecutive weeks
Said defendants are further notified that unes
| they answer sod petition before the 29th day o
June A. D. 1860, the same will be taken as con
fesscd, and judgment rendered accordingly
Said defendants are further notified that depo
sitons will be tnken on behalf of the plaintiff a
the Office of Flavel w. Bingham, in the Cit
of Cleveland, on the 23d day Of May, A, d. 1860
between the hours of o'clock A. NJ. and o'cioc
P. NJ. Of said day.
THRASHER, DURFEE& g. HATHAWAY,
| Plaintiffs Atts.
! April 27th, 1860. 337w6