Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-14
LEGAL NOTICES.
state OF OHIO, CUYAHOGA

A S6bsv. Orlando Cutter administrator Of Nell
son Monroe deceasedi Farley Sheldon, John
Johnson, Elijah Smith, W. s. Carpenter, n. s.
C3rnenter, Ella R. Chittenden, Richard L. Chit
tendon, Orrin J. Howard and Emogene c. How
ard, defendants.
that the Dlaintif, has fled in said Court his peti-
ton aqunst the above named defendants, which
is in substance as follows: mat on the
18th day Of November, A D. 1861, the Ohio
Insurance Company was q corporation 10
Gated and doing business at New Albany,
IN the State of Indiana, and by It's act OF moor
noration was invested with Banking Privileges,
md with the right to exact and take for the loan
of money on notes, drafts and other securities, a
rate OF interest not exceeding ten per centum
per annum- That the said Ohio Insurance Com
many Is in full legal eXlstance, andls still invested
with the same rights, privileges and powers
aforesaid, that on sad 18th day OF November,
ls6O, Sebra Howard and Charles Howard were
mariners doing business under the name Of s. &
81 Howard. That on said 18th Of November
1850, sad s. & G. Howard with one J. Mont
gomery, executed and delivered to said Ohio
insurance Company their note for.
Two months after date to the order of C. B.
Apologize 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 It since been pad,
nor any part thereof; that afterwards and dur
ing the fife of the said Sebra Howard, TO VII;
NJ me 97th day Of September, 1861, said note
being due and the said 5. & G. Howard Wlshlnga
further extension of the same, an agreement
] trQg entered NULO DtLNt SAT- JIM 4lSuA aAAE0
ComDany and said 8. 4 c.. Howard, that if the
| said 5. &C. Howard would pay interest at the
rate Of ten per centum per annum, upon said
| mote. to said Ohio Insurance Company and would
secure the paymant OF said note by a 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 27th, and ono half in two
wears from said 9th day Of september 1861;
/ That in pursuance OF said agreement last above
| stated the said Sebra Howard with his wife
/ TT.,pnr Hazard . gneuLnd and delivered to the
] said Ohio Insurance Company OF New Albany
Indiana, a mortgage, Of whic acopyi Is attached
to said petition, on the following described
tracts or lots ofland, situated in the villages Of
/ Olmsted Falls and Mlddleburghln the County or
| Cuyahoga and State OF Ohio, and known rs 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 a
half acres Of ornamental and cultivated grounds
with out buildings and gardeners residence, now
occupied by W. Beatson War1ng. Also, the
water power and lands at the village Of Mid
| dIeburgb. in said County, containing, also,
a large quarry OF Berea Stone, extending
from the Cleveland & Columbus Railroad to six
rods above the dam Of the old saw mill, with all
the right to flow above. All said property sde-
fnitely described in seven deedst to said Howard
by the following parties, viz; one from Luther
Barnum and his wife Ann enc from Cyrus P.
DRYDEN and his wife Harriet, one from Gilruth
and four from Lester A. Harmon all Of said
deeds are recorded in the Office Of Records for
Cuyahoga at Cleveland Ohio"
SAID lands being more particularly described
as follows; lst. Part of section II. in Mid
dleburg and bounded as follows; begin
ming at the southeast corner Of land former
" Owned by Betsey Fairchild, in the centre Of
the East branch Of Rocky river, thence South
2gS, East along the course Of said river 4 44-lOO
chains to the Southeast corner; thence South
6Is, West3 T6-lOO chains thence North 49,,
West4 46-IOO chains to stake; thence North 6ls
East 2 $500 chains to the place OF beginning
containing l 37-IOO acres, with the saw mill and
I oil tho vrTyf1aura thpraOE rngeTVIuQ the rnEnr-
walton of Clark GOss and Ashbel ButtOlph to
Z pass aud re-pass with teams or otherwise made
In their deed to Sylvester R. Hays. I'd. Also,
another piece IN SAID section and on
the East side Of the above described lot com
mencing in the center Of the East branch OF
Rocky river, 6 rods above the mill DAM being
the Northwest corner Of a three acre lot deed
ed by Jonathan Vaughn to Abraham s, Under
hill; thence North Go, Eastto the centre Of the
Rsckport road, thence along the centre OF the
/, road Northerly Il rods, thence south Of, west
: to the centre Of the river; thence with the CEN
tire Of the river or East line Of the first descnb-
ed lot to the place Of beginning, supposed to
= contaan l acre of land and conveyed TO Sebra s.
Howard by James Gilreth by deed in vol 70, Guy
i ahoga Co. Records page Gil. Also, another piece
oflandi in section II, Middleburg, bOundeda as fol-
lows: commencing at a point IN the centre OF
i Front street, in the South line ofthe Right OfWay
ofthe c. c. c.. Railroad, thence the centre
OF said Front street to land owned by SAID Sc
bra Howard, being one sore Of land) thence
: South Go, West TO the centre Of Rocky river,
/ the East branch thereof, thence North-westerly
' along the centre Of said river 10 the south line
Of the Right Of Way Of the C. @. & G. Railroad,
1 thence along said South line to the place
Of beginning, containing about o acres Of
r land, and the same land conveyed by Wallace
and Warner to said Howard by deed IN Cuyahoga
q Co. Records, vol. 81, page 5AS 4th. Also, a part Oh
: section p, in Middleburg, bounded as follows: be-
0 ginning in the centre Of the East branch OF Rocky
/ river, on the section line between sections II
and "a, thence South on said line to the
) centre of the highway, thence North-westerlyin
the centre Of the highway to the South line Of
: the Right Of Way Of the c. G. sc. Railroad
thence Easterly along SAID south line
Z to the centre of Rocky rIveri thence
South-easterly along said river centre to
5 the place Of beginning, containing, about
l acre. 9Th, Also, a part Of Lot No. 1, TRACT
No. 5, in the township Of Olmstead, and
: boundedbegnning at the Southwest corner Of
{ Lot l, thence East 8 rods, thence North running
at an average offs rods from the centre of said
, river the distance Of 10 rods, thence West rods
t. the centre of said river, themes along the
c5ntre of said river to the place Of beginning
cohtaiaing of an acre of land, subject to the
right of said BaTnum 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, by him
s or his assigns to be used for the transit oflumber,
q stone, &C, with the privilege ofspaee Of loading
: and unloading cars on the bank. Also a reser-
( vatlOn of the privilege of flowing water back up
{ on the land as described In deed OF John Barn
. um to Peter Kidney, Oct. 10, 1885, recorded IN
; Cuyhoga county Records, in vol. IS, page 6l5
D., 6. Also in Oimsted Falls village, in Olmsted
e Township, and bounded AS follows: Beginning
, at a point on Bridge street, 1 rods west of the
q, southwest corner Of a 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
r one thence east on said line to G. p. Dryden's
northwest corner; thence BOutherly to a hollow
, maple tree, glazed and crossed thence south
E / erly TO the northwest corner Of land sold by me
to Salin and c. G. Wright thence sOutherly alonl
I Salin & Wrighrs west line to the place Of begin,
ming, reserYtngA Of an acre sold by said Harmon
to the Junction Railroad Company IN the south
, east corner Of the land here conveyed, being
D rods on Bridge street and ten rods deep. T. Also
= another piece in Olnsted Falls village, known a
z sub lots 52and SO IN said village. 8. Also another
[ piece in said village, and known as sublot No. Sir
D said village. These three parcels were conveyed
{ by L. A. Harmon TO Howard. See vol. so, page 40!
I OF CuyahOga Co. Records. 9. Also in the village
D OF Olmsted Falls, and intending to describe anC
/, convey town lots Nos. ninety-three, ninety-four
, ninety-fve, ninety-six, ninety-seven, ninety
, eight, n nety- mine and one hundred, and SO mucl
4 OF Howard street as was conveyed IN 8 torme
e deed 70 said Howard by said Harmon, excepting
b and r~eserying therefrom slOt with a house there
{ on sold by L. A. Harmon to the Junction Rail
road Company, 4 rods front by 10 rods rear, sup
. posed to contain about ~ acres Of land. Dee
t to Howard acknowledges June 10, 1852, and re
Il corded IN volume 10, page 80 OF Cuyahoga Coun
Q ty Records. From the lots 81 and 20, should b
excepted a part sold by Howard to Murphy Ma
II, 1860. See volume l04, page COS Of said Records
10. Also sub lots Nos. 4, 5, 6 and 7 in Olmste
- Falls village. II. Also IN Olmsted Falls village
the whole ofsub lot No. 81 and the north part {
; So not before conveyed to A. Spaulding. Dee
: from L. A. Harmon. volume 70, page GIL. II. Al
so the following described piece OF land to b
used for railroad purposes, VIZ: Cemmencin
at a point one hundred and ninety feet north {
the center of the Cleveland & Toledo RailrOa
g track; thence westerly along said track curvin
B. n~OrthWardly stthe rate Of ten degrees to the huI
dred feet, (said curved line being indicated b
stakes set at intervals Ofhfty feet D thence sOut
along the west line Of Dryden's land to the eer
ter Of said railroad track thence eastward
10 along the north line ofsaid track to the plsce
beginning. Said piece or parcel ofland may II
= sum above mentioned to the said Sebra HOWar
in case it should not be continued in use for raj
road purposes, said Dryden to elect when d!
continued whether he will take the same BAG
OF not. This deed is made to Howard and h