Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-20
LEGAL NOTICES.
nHE STATE OF OHIO, CUYAHOGA

THE STATE OF OHIO, CUYAH0GA Z
County, SIS In Court of Common Pleas.
Civil action for money and sale OF lands.
George V. HoWk Plaintiff vs.. Charles HOWARD
Eleanor Howard Executrix Of Sebra Howard de-
ceased; Eleanor Howard, j. Montgomery, 5eth
A. Abbey, Orlando Cutter administrator OF Nel-
son Monroe deceased; Farley Sheldon, John
Johnson, Elijah Smith, W.. 5. Carpenter, y; >
Carpenter, Ella R. Chittenden, Richard L. int
tenden, Orrin J. Howard, and Emogene q. How
ard, defendants.
The defendants in this case will take notice
that the plaintiff, has fled in said Court his petit
ton against the above named defendants, when
is IN substance as follows: That on the
18th day of November, A. d. ls6O, the Onlo
Insurance Company was a eorPorauon 10
Gated and doing business at New Albany,
IN the State Of Indiana, and by its act Of incor-
poration was invested with Banking PuYnegess
and with the righttO exact and take Tor the loan
| of money on notes, drafts and otner securities u
rate Of interest not exceeding ten per centum
per annum. That the said Ohio insurance COM
pany Is infulI legal eXistsnce, andls still invested
aforesaid. that on SAID 18th day Of November,
1850, Sebra Howard and Charles HOWARD were
partners doing business under the name OF -
&. Howard That on sad l3tn OF NOFemOef
1860, said 8. & c. Howard with one J. mont
gomery, executed and delivered to said OHIO
Insurance Company their note ior'
Two months after date to the order Of C. B.
Appiegate ESQ. Secretary, atthe Banking once
Of the Ohio Insurance Company, New Albany
Payment on which note having been duly de-
handed, was not made nor has 1t since been paid
nor any part thereof; that ana our
ing the fife Of the said Sebra Howard TO VII:
on the 9th day Of September, 1861, said note
being due and the said 5. & Q. Howard wlshlnga
further extension of the same, an agreement
was entered into between said Ohio Insurance
Compauy and said S. & G. Howard, that if the
said S. &c. Howard would pay interest at the
r rate Of ten per eentum per annum, upon sh9
note, to said Ohio Insurance Company, ana WouI9I
3 secure the paymant of said note by a good anu
: sufficient mortgage upon real estate the SAID
0 Ohio Insurance Company would extend the time
n / e .aupaanM of aarn mnfn one half for one wear
4 from said September 9th, and one half IN Two
8 wears from said 9th day Of September 1861:
, That in pursuance of said agreement last above
e stated the said Sebra Howard with his wife
Eleanor Howard, executed and delivered 70 the
t said Ohio Insurance Company, Of New Albany
d Indiana, q mortgage, OF which, acopy IS attached
5 to said petition, on the following described
tracts or lots Ofland, situated IN the villages OF
d Olmsted Falls and Mlddleburghin the County, OF
, Cuyahoga and State of Ohio, and known as the
it Large Howard Quarry, at Oimsted, viii railroad
, connecting it to the Cleveland 4 Toledo Railroad,
N with the water power OF Rocky RIVER thereon;
Also, the old homestead or residence Of SAID
Towards, in said village, with about Tour ana a
half acres of and cultivated grounds
with out buildings and gardeners residence, nov
oecuDied by W. Beatson Waring. Also, the
r water power and lands at the village Of Mid
an dleburgh, in said County, containing, also
n A large quarry of Berea StOne, extending
~ from inc Cleveland & Columbus Railroad to SIX
ct rods above the dam Of the old saw mill, with an
- the right to flow above. All said property Il de.
fnitely described in seven deeds to SAID HOWARD
h by the following parties, viz one nom Luthel
te Barnum and his wife Ann, one rom cyrus r
- DRYDEN and his wife Harriet one from Gllruti
"a and four from Lester A. Harmon, all OF SAT-
- deeds are recorded in the Office OF Records To-
n Cuyahoga at Cleveland Ohio"
~ Said lands being more particularly describe
- as follows: LIST. Part of section Il. in Mid
IA dleburg and bounded as follows: begin
IA ming at the southeast corner of land former
% iy owned by Betsey Fairchild, in the centre 0
81 29e, East along the course OF SAID river 4 44-lO
set chains to the South-east eoTneri tnenee 59u Il
Gle, West 3 76-l00 chains thence North 1874
West4 46-1OO chains to stake; thence North o.
East . 59lOO chains to the place Of beginning
m containing I 37-lOO acres, with the saw mill an
all the privileges thereof reserVl1g the reseT
80 yation Of Clark Goss and Ashbel ButtOlph {
~ pass aud re-pass with teams or otherwise, mad
IN their deed to Sylvester R. Hays. I'd. Also
"a another piece in said section, and o
IN the East side Of the above described lot CON
,et mencing in the center Of the East branch
let, Rocky river, 6 rods above the mil dam, penn
NJ the Northwest corner OF q three acre lot deco
ed BY Jonathan Vaughn Ia Abraham ), Undel
~ hill; thence North 6lS, EasttO the centre of II
RockpOrt road, thence along the centre OF IN
- road Northerly Il rods, thence South SO, We
to the centre Of the river; thence with the Gel
n tire of the river or East line OF the hrst DESERT
a. ed lot TO the place Of beginning, supposed
= n contain ! acre Of land and conveyed to Sebra
ode Howard by James GilIeth by deed in vol. 70, Gu
ahoga Co. Records page Gil. Also, another pie
- oflandi in sectional, Middleburg, bounded as 10
lows: commencing at q point IN the centre
Front street, in the South line ofthe Right of WI
ofthe c. c. & c. Railroad, thence along the cent
/ OI ENNu ELOLN 1NAEGN W AAAA WAN - e@A@ -
bra Howard, (being one acre OF land3) then
ton South 60, West TO the centre Of Rocky rive
Jun the East branch thereof, thence North-Wester
sur along the centre Of said river 10 the South IN
day of the Right of Way Of the 9. G. q &. Rallroa
thence along said South line TO- the pla
and N beginning, containing about 5 acres
) or ~ ~ ssnd ne same land eonyeyed by Walla
and and Warnerto said by deed IN Cuyaho
nty- Co. Records, vol. 50, page343. 4th. Also part
Il section "a, in Middieburg, bounded as follows: I
t Il ginning in the centre of the East branch Of Roe
hing river, on the section line between sections
hold and "a, thence South on said line to t
lsed centre Of the highway, thence NOrth-Westerly
con- the centre Of the highway to the South line
the the Right of Way of the @. Q. G. Railroe
d lot thence Easterly along said South II
IN to the centre of Rocky nVer; then
and South-easterly along said river centre
5ueh the place OF beginning containing, abe
IN 1 acre. 5th, Also, a part OF Lot No. l. III
the No. s, in the township Of Olmstead, a
time boundedbeQnning at the Southwest corner
hap Lot ], thence East s rods, thence North runnl
/, IN at an average offs rods from the centre OF 81
any river the distance Of 10 rods, thence West re
s by to the centre of said river, thence along
days esntre of said river to the place OF begnnl
mage eohtaiaing Zof an acre of land, subject to
In right of said Barnum and his assigns to constr
midi a road way from the bed Of tho river to 81
per point on the bank as he may deem best, by b
8, IN or his assigns to be used for the transit OF lump
acel- stone, &C, with the privilege ofspace Of load
d by and unloading cars on the bank Also a res
ms OF walton Of the privilege Of flowing water back
on the land as described in deed of John Ba
Ihat UNI to Peter Kidney, Oct. 10, 1885, recorded
time Cuyhoga county Records, in vol Is, page
REIN & Also in Olmsted Falls village, in Olms
Township, and bounded as follows: Beginn
the al a point on Bridge street, 4 rods west Of
per- southwest corner Of a lot sold by me to A.
ohm Sabin; thence west along Bridge street to
pany center of River street; thence in the eentel
5ible, River street northerly to the north line of Il
1862, one thence EAST on said line to z. P. Dryde
my a northwest corner; thence southerly to a hol
b his maple tree, glazed and crossed thence sou
rea- erlV to the northwest corner of land sold by
Com to Salin and o. c.. Wrigh thence sOutherly all
said Salin & Wrigbts west line TO the place Of be-
with ming, reservtngA Of an acre sold by said Harn
, and to the Junction Railroad Company IN the sol
said east corner of the land here conveyed, bei1
h in rods on Bridge street and ten rods deep. IL
1862. another piece in Olmsted Falls village, know
ID 70 sub lots 52and SO in said village. 3. Also anOt
e the piece in said village, and known a. ublotN No.
said village. These three parcels were conVe
I, by L. A. Harmon to Howard. See vol. 50, page
tiff OF CuyahOga Co. Records. 8. Alse in the wi.
- OF Olmsted Falls, and intending to describe
conYeytoWn lots Nos. ninety-three, nlnety-f
ninety-fVe, ninety-six, ninety-seVen, min
eight, nnety-nine and one hundred, and so m
Of Howard street as was conveyed in a for
Gao deed to said Howard by said Harmon, eXcep
49, and reserving therefrom alOt with a house tn
on sold by L.. A. Harmon to the Junction ]
Oaps road Company, 4 rods front by 10 rods rear,
on posed to contain about AZ acres of land. l
IT, to Howard acknowledged June 10, 1852, and
)use. corded IN volume 10, page &c Of Cuyahoga G,
- ty Records. From the lots "a and 95, shOul
EAIi excepted a part sold by Howard to Murphy
'PT z, 1860. See volume 1O4, page COS OF said Reco
10. Also sub lots Nos. 4, 5, 6 and Z in Ohm
IT as Falls village. IL. Also in Olmsted Falls will
5 Hats the whole ofsub lot No. 81 and the north pa
stable IS not before conveyed to A. Spaulding. /
- from L. A. Harmon, volume 70, page GIL. II
MI SO the following described piece Of land Il
NJ AZ used for railroad purposes, viz: Common
m5eti. at a point one hundred and ninety feet mort
n, the center of the Cleveland & Toledo Rail
dell. track; thence westerly along said track cur
northwardly atthe rate Of ten degrees to the
So. s8ss. s" Ct s 6 ists ss5I:s aE 5BS Ell sBssss :
along the west line Of Dryden's land to the
CIV ter Of said railroad track thence eastWa
! most along the north line Of said track TO the plaC
beginning. SAID piece or parcel OF land ma
immed vert to the said @. 2. Dryden by his paying
ch viii sum above mentioned to the said Sebra HO