Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-23
LEGAL NOTICES.
ME STATE OF OHIO. CUYAHOGA

= IL 49, ~ S&-&In
County, s. S. In Court Of Common Pleas.
Civil action for money and sale Of lands.
George ". HoWk Plaintiff vs.. Charles Howard,
Eleanor Howard Executrix Of Sebra Howard de-
ceased; Eleanor Howard, J. Montgomery, Seth
A. Abbey, Orlando Cutter administrator Of Nell
son Monroe deceased; Farley Sheldon, J0nn
Johnson, Elijah Smith, W. 5. Carpenter, y; ;.
CARPENTER, Ella R. Chittenden, Richard L. Chit
tenden, Orrin ]. Howard, and Emegene c. How
The defsndants in this case will take notice
that the plaintiff, has fled in said Court his Peq-
ton against the above named defendants, which
is in substance as follows: That on the
18th day of November, A.. ID. 1SG0, the OHIO
Insurance Company was a corPoratlon 10
Gated and doing business Mt New Albany,
IN the State of Indiana, and by its act Of mcor-
poration was invested with Banking Privileges,
and with the righttO exact and Tor the loan
OF money on notes, drafts and other securities
rate OF interest not exceeding ten per centum
per annum. That the said Ohio Insurance Com
pany IS infulllegal existsnee, andis still invested
with the, same rights, privileges, and powers
1850, Sebra Howard and Charles Howard were
partners doing business under the name Of S. &
c. Howard. That on said 18th Of November
1850, said S. & c. Howard with one J. Mont
gomery, executed and delivered TO said OHIO
Insurance Company their note for.
$500 payable
Appiegate Esq. Secretary, atthe Banking Office
Of the Ohio Insurance Company, New Albany.
Payment on which note having been duly de-
mal0eQ, was not MADE nor mas III since DeeQ UllQg
nor any part thereof that afterwards and dur
ing the life of the said Sebra Howard, to wit:
on the 9th day Of September, 1861, said note
! being due and the said S. & C. HowardW ishinga
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said S. & G.. Howard, that if the
said 5. sc. Howard would pay interest at the
| rate of ten per centum per annum, upon sid
note, to said Ohio Insurance Company, and would
secure the paymant Of said note by q good and
sufficient mortgage upon real estate, the said
Ohio Insurance Company would extend the time
of payment Of said note one half for one year
from said September 9th, and one half in two
years from said 9th day of September 1861
That in pursuance Of said agreement last above
stated the said Sebra Howard with his wife
Eleanor Howard, executed and delivered to the
said Ohio Insurance Company, Of New Albany,
Indiana, a mortgage, OF which, acopyi Is attached
to said petition, on the following described
tracts or lots oflsnd, situated in the villages Of
Olmsted Falls and MIddleburghin the County Of
Cuyahoga and State Of Ohio, and known as the
Large Howard Quarry, at Olmsted, with railroad
connecting it to the Cleveland Toledo Railroad
with the water power of Rocky River thereon
Also, the old homestead or residence Of said
Towards, in said village, with about four and 9
half acres Of ornamental and eultiYatedg grounds
with out buildings and gardeners residence, nov
occupied by ". Beatson Waring. Also, the
water power and lands at the village Of Mid
dleburgh, IN said County, containing, also
a large quarry Of Berea Stone, extending
from the Cleveland & Columbus Railroad to SD
rods above the dam Of the old saw mill, with al
the ugnL 70 now ABOVE. All salQ properly g De
fnitely described in seven deeds to said Howard
by the following parties, viz one from Luther
Barnum and his wife Ann, one from Cyrus P
Dryden and his wife Harriet, one from Gilrutl
and four from Lester A. Harmon, sl of sale
deeds are recorded in the Office Of Records fo
CuyahogR at Cleveland Ohio.'
said lands being more particularly described
as follows LIST. Part of section II. in Mid
dleburg and pounded as follows: begin
ming st the southeast corner Of land former
ly owned by Betsey Fairchild, in the centre 0
the East branch Of Rocky river, thence SOutl
299, East along the course Of said river 4 A-IO
chains 20 the Southeast corner; thence SOutl
6IS, West 3 7G-1OO chains thence North 1879
West4 46-1OO chains to stake; thence North SIC
East 2 $500 chains to the place OF beginning
containing 1 3T-lO0 acres, with the saw mill ant
all the privileges thereof, reserving the reser
walton Of Clark Goss and Ashbel Buttolph u
pass aud re-pass with teams or otherwise, mad
In their deed to Sylvester r. Hays. I'd. Also
another piece in said section, and OF
the East side Of the above described lot com
mencing in the center OF the East branch 0
Rocky river, d rods above the mill dam, benl
the Northwest corner Of q three acre lot deed
ed by Jonathan Vaughn to Abraham S, Under
; hill thence North Glo, Eastto the centre of tn
ReckpOrt road, thence along the centre OF tn
road NOrtheTly L rods, thence South Ole, IVES
/ to the centre Of the river; thence with the cen
ire Of the river or East line Of the first describ
ed lot TO the place Of beginning, supposed L
l contain l acre of land and conveyed to Sebra S
3 Howard by James Gill eth by decd in vol 70, Guy
shoga Co. Records page GIL. Also, another piec
I OLlaQQl II sEcNlOuL IL Ml4QltUuEEs Douuue0 as lul
lows: commencing at a point IN the centre c
= Front street, in the SOuthline Ofthe Right Of Wa
ofthe &C. & G. Railroad, thence along the centr
=, OF said Front street to land owned by said Sc
7 bra Howard, (being one scre Of land,) theme
i South 81, West to the centre of Rocky river
the East branch thereof, thence Northwestern
! along the centre Of said river to the eOuth lin
Of the Right of Way of tho Q. C. a C. Railroad
thence along said South line to the plac
/. Of beginning, containing about 5 acres {
land, and the same land conveyed by Wallac
and Warner to said Howard by deed IN Cuyahog
, Co. Records, vol. 81, page33 4th. Also, a part Q
: section "A, in Middleburg, bounded as follows. be
ginning in the centre OF The East branch of Rock,
river, on the section line between sections I
and "A, thence South on said line to tn
centre Of the highway, thence NOrth-westerlyil
the centre of the highway to the South line o
the Right Of Way OF the C. c. &C Railroad
thence Easterfy along said South lin
to the centre of Rocky uver; thence
South-easterly along said river centre {,
the place OF beginning, containing, abOu
l acre. 9th, Also, a part Of Lot No l, Trsc
No. 8, in the township of Olmstead, anC
bOundedbeg1nuing at the Southwest corner o
Lott, thence East 8 rods, thence North running
at an average offs rods from the centre Of saiC
river the distance Of Is rods, thence West rod
to the centre OF SAID UYers thence along tht
centre Of said river to the place Of beginmng
eOhtaiaing Aof an acre of land, subject to the
right Of said Barnum and his assigns to construct
a road way from the bed Of tho river to such
point on the bank as he may deem best, BIZ hin
or his assigns to be used for the transit oflumber
stone, &c, with the privilege Ofspace Of loading
and unloading cars on the bank Also a reser'
Vation Of the privilege Of flowing water back up.
on the land as described in deed Of JChn Barn
UNI to Peter Kidney, Oct. 10, 1895, recorded il
OuyhOga county Records, in vol. 7G, page 6l5
G. Also in Olmsted Falls village, in Olmsted
Township, and bounded IS follows: Beginniue
ats point on Bridge street, 4 rods west Of the
southwest corner Of q lot sold by me to A. W.
Sabin; thence west along Bridge street to the
center Of River street, thence IN the center o.
River street nOrtherly TO the north line of tract
one; thence east on said line to c. P. Dryden
northwest corner; thence 8Outherly to a hollow
maple tree, glazed and crossed thence south.
to Salin and O-C. Wright; thence southerly along
Salin & Wrights west line to the place Of begin.
ming, reserVtngK OF an acre sold by said Harmon
tothe Junction Railroad Company IN the south
east corner Of the land here conveyed, being 4
rods on Bridge street and ten rods deep. Z. Also
another piece in Olmsted Falls village, known as
sub lots 62and SO in said village. .. Also another
piece in said village, and known as sublotN No. Sin
said village. These three parcels were conveyed
by L. Harmon to HOward. See vol. so, page 4g5
o. CuyRhoga Co. Records. g.. Alss in the village
OF Olmsted Falls, and intending to describe and
convey town lots Nos. ninety three, ninety-four,
ninety-iye, ninety-siX, ninety-seYen, ninety.
eight, n nety-nine and one hundred and so much
Of Howard street as was conveyed in a former
deed to said Howard by said Hafmon, executing
and reserving therefr0m alOt with a house there
on sold by L. A. Harmon TO the junction Rail
road Company, I rods front by 10 rods rear, SUD
posed to contain about "a acres of land. Deed
to Howard acknowledged June 10, 1852, and re-
eordedIn volume 10, page SO Of Cuyahoga Coun-
ty Records. From the lots 81 and IS, should be
excepted a part sold by Howard to Murphy MAY
y 1850. See volume l04, page G03 Of said Records.
OaAiso sub lots Nos. 4, 8, 6 and 7 in Olmsted
Falls village. IL Also in 0lmsted Falls village.
the whole ofsub lot No. "a and the north part OF
Z ~ - a. nW