Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-11-10
9e0al a(otiGes.
The Summit County Bank, Guy
ahoga Falls, plaintiff,

The Summit County Bank, Cuy-l
ahoga Falls, plaintiff,
against ,
Isaac L. Hewitt, Ann ]. Hewitt, .,
Eber b. Ward, John q. Fay, ;. y.
Ddwolf Arthur J. Wenham, Cal
vin j. 0omstock, Henry Newber
ry, U. Il. Cory, William Melh!neh,
Dewey q Co, stephen Buhrer, In Common
Eber Stark, Bank at Remington, Pleas, Cuyahoga
Vermont, The Commercial Mutu- fcountyI OhiO.-
tuhl Insurance Company Of Olqve- Action for mon,
land, Oharles r. Harvey, William ey, sale Of land
j. Gordon, samuel Ward, Mahlon and relief
n Hewitt ephen,Clement, John
NJ Armstrong, as Receiver Of the
Canal Bank OF Cleveland, Bethany
College Ephraim J. Eatsp, David 800.
T.. King, surviving Executor Of
Leicester King, deceased, George
W. Girty, aud Alsnet Reed, de-
fondants.
NOTICE-THESAID DEFEND
IN ANTS will take notice that on the 9th day Of
November, 1860, Plaintiff filed It's pstition in the
Court Of Common Pleas, Tor Ouyahoga county Uhto,
against said Detendsnts the Object Of pray Of hch
from March l. ls60 and Sl4l o. from September ],
1890 due from said Isaac l.: Hewitt IS interest on
three notes given by said Hewitt 20 Plaintiff dated
september l. 1857, for 5000, payable 70 Plaintlu
vo years alter date with interest ~ six per centun
per anuutn payable semi annually ut said Bank one
ior 81 500 payable said Plaintiff i've years after
date, with interest at six per centum per annuuli
payable semi-annually at sae Bank, and q5 one i25
$1,000 OO payable six years after gate 70 SAID Flaln
with interest at Same rate, payable semi-annuay el
said Bank the said Hewitt having hailed 20 pay te
interest which fell due on said notes March l. lsoV
and Septemberl, 1850.
said petition also sets forth that to secure the pay
ment Of said first mentioned note, the said Isaac T.
Hewitt and Ann l.. Hewitt, executed and delivered
an the 18th day Of September, 1851 their mortgagl
deed on the following described premises 20 wit; AL
that certain lot and parcel Of land lying and being
ID the City Of Cleveland, county Of Cuyahoga, AND
state Of Ohio bounded on the south by West street
on the west BY Merwin street. and on the north ane
east by lot lnes and known as lots number l5 10,
and ls ia Hewtts sub division OF lots in the City o.
cleveland, which mortgage yas duly recorded "
uuyahoga County Records Vol ", pages 6l2 6l5 and
GA together with all the privileges and appurtenan
ces thereunto belonging, together with the rents
issues and profits thereof and that to secure the pay
nent of the other two notes, said Isaac L. and AM
| L., executed and delivered on the same day. theil
other mortgage deed Of the following described prop
erty in said City Of Cleveland 10 wit bounded nortl
By West street. on the south by lot line; on the wes
By Merwin street % feet more or less, 10 10 feet al
HsStts S s1bdvsion ofiots in the CITY o Cleveland
and ali the estate, right, title, interest claim ant
demand both at law and in equity Of the said lsaa
L. and Ann L.. if in and to said premises and ever
part and parcel thereof togeher with all
| nances 70 the same belonging or in any wise apper
tanning, and the rents, issues and FrohH thereof
| which deed was duly recorded in Cuyshoga Count!
Records, Vol ", pages e4i blo' Tnat sald pIOpert
Is insufficient 10 pay all the incumbrances upon L
/ and that said Fay, DsWolf, Wenham, Comst0ck
/ Newberry, Cory, Melhinch, Dewey q Co., buhreF
1 are tenants and occupying the same under lease
from said Hewitt, and that Plaintiff is entitled {
have such rents applied towards the payment Of tn
principal and interest on its said notes.
Sad petition further sets forth that the other de
PENDANTS herein named, claim some interest in, o
lien upon said mortgaged premises, but that the IN
terests aud liens Of Them all are subject and inierlo
to the claims OF Plaintiff in the same, and asks tina
they may set forth their respective claims IN I'M
suit. Said petition asks for Judgment against sal
Hewitt for the said amount Of $3.50 with interest,"
hereinbefOre stated; that said premises may be sol
to pay said debts; that said tenants may be enotne
! from paying over the rents to said Hewitt, Whlc
may hereafter accrue under their leases; Tor the az
pointment Of Receiver to collect the said rent,
subject the control Of the Court; Tor the ADJUST
ment of liens and for other proper relief,
Said Defendants, not served with process will ans
wer demur to said petition by the 9TH day Of Jan
ury 1901 or the allegations in said petition viii
taken as true and juI Igment rendered accordingly.
RANNEY, BACHUS q NOBLE,
! November 6, 1850. nOY7:3l4 PltH {. .Attys