Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-03
LEGAL.

The State Of OhiOl In Court OF Common Pleas,
CuyahogaCounty' ClTn ss aeqon non ior money ana
IS. sale OF lands.
Franklin T. Back1s, pTf,l
against
Evelyn II. Wilcox, Cath
arine Wilcox, Henry @.
Burtman, Joshua ]. Nc.
Clintock and Edward
Whipple, defendants.
THE defendants who have not received
notice by service of summons herein, viz:
Henry c. Burtmsn and Edward Whipple Will
take notice that on the 18th day of September,
A. D. 1868, the plaintiff FLED his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
in that the defendant Evelyn h. Wilcox on the
2Oth day OF November 1861, executed and deliv-
cred to the defendant MeChntoek his hye prom
isory notes, one for sl57, payable June lst,
1862; one for payable November lst, ls62 !;
one for $500 Ial|5le November lst, 1868; one for
| $500, payable November lst, 1864, and one for
$500 PAYABLE November lst, 1865, all bearing in
terest from the date thereof; that to secure the
] payment of these notes said defendants Evelyn
/ II. Wilcox and CAtharine Wilcox, wife OF said
| EVELYN II. executed November 20th, 1861, a
mortgage deed to said McClntock, which is re-
/ corded in Cuyahoga County Records, Vol. lie,
| page 4S4 according to the terms Of which mort
| gage deed, said Evelyn H. Wilcox and his wife
/ Catharine conveyed TO said McChntOck the fol-
| lowing described premises, situate in the town
| ship OF Bedford in CuyahOga County, Ohio, and
/ known as the east part OF lot No. thirty nine,
1
said lot and west by ten acres of land i'll said lot
/ heretofore decided by James Berdan and wife to
| Sylvester J. Smith, containing forty three and
| one-hundredth acres Of land; the condition OF
/ which mortgage dee was such, that, whereas
/ said-Evelyn H. Wilcox did execute and deliver
| as aforesaid his said five prOmlsOry notes to said
i McClintOck, if said Evelyn b. Wilcox his heirs,
| assigns, executors or administrators, should
| well and truly pay said notes according to their
| tenor to said McClintock, his heirs or assigns,
then said mortgage deed should be void but
otherwise remain in full force and virtue and
| furthermore, that all of said notes, except the
| one for Sl57, payable June lst, 1862, were duly
| assigned by said McClintock to the Plaintiff who
still holds them that of said nc tes so assigned,
the one for $500, payable November lst, 1852,
came to maturity November 4th, 1862, but was
not then paid nor any part thereof, and that the
| same has not since been paid either IN whole OF
1 part. That said defendant Burtman, who claims
some interest in said premises, has according tC
| the best of plaintiffs knowledge and beletno IN
terest therein OF any validity that to the besL o
plaintiffs knowledge and 6elef, the note lol
sl57 shove mentioned payable June lst, le62, ha'
been fully paid that the defendant Whlpplt
claims some interest in said premises by virtue
| of a certain judgment given in his favor agalns
/ the defendant McClIntOck and others by th'
| Court of Common Pleas within and for sac
County and State in the May term OF said Court
A. ID. 1853 for S42i $780, aportlOn Of n hlch re
| mains unpaid and the Judgment TO that exten
unsatsfed, but that plaintiff being ignoran
whether said Whipple and McChntock have a
| this time any subsisting lien upon said premls
| es, demands proof OF the same; SAID petition
therefore asks that account be taken Of tn,
amount due plaintiff, his mortgage fOreclosed
the priorities of lien determined, the said landi
and tenements ordered to be sold, the proceeds
| or so much thereOfas may be necessary, applieS
to the payment Of his debt, and that he MAJ
have such other and further relief IN the premis
es as he is in equity entitled to claim.
Said defendants, Burtman and Whpple, ar
hereby notified that they are required to appea
and answer said petition on or before the thru
Saturday after the 9TH day Of November, A D.
1868.
BACKUS & NOBLE,
| sept2EI23 Plaintiffs Attorneys.