Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-27
LEaAL NOTICES.
ME sTATE OF OHIn CnYAHnaA

ceased; Eleanor Howard, J. Montgomery, Seth
A. Abbey, Orlando Cutter adminisfrator n Nell
con Monroe deceased Farley Sheldon, John
Johnson, Elijah Smith, W. s.. Carpenter, N. s.
Carpenter, Ella r. Chittenden, Richard L. Chit
telden, 0rrnJ J.. Howard, and EmOgene c. How
ard, defendants.
The def ndants in this case viii take notice
that the plaintiff, has fled in said Court his peti-
ton against the above named defendants, which
IS in substance as follows: That on the
18th day Of November, A D. 1860, the Ohio
Insurance Company was q corporation To-
Gated and doing busines at New Albany,
IN the State Of Indiana, and by its act Of ineor-
poraton was invested with Banking Privileges,
and with the rightto 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 saidOhio Insurance Com
pany IS inful legal existance, andis still invested
with the same rights, privileges, and powers
Aforesaid that on SAID 18th day of November,
1850, Sebra Howard and Charles Howard were
partners doing business under the name Of S. &
@. Howard. That on said 18th OF November
1860, SAID s. & @. Howard with one J. Mont
gomery, executed and delivered to said OHIO
Insurance Company their note for.
Two months after date to the orderof C. B..
Apologize Esq. Secretary atthe Banking Office
Of the Ohio Insurance Company, New ALBANY.
Payment on which note having been duly de-
manded, was not made nor has it since been paid,
nor any part thereof; that afterwards and dur
ing the LIE Of the said Sebra Howard, to wit;
on the 9th day Of September, 1861, said note
being due and the said S.& c.. Howard wishing
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said s.. & G. Howard, that If the
said 8 q c. Howard would pay interest at the
rate Of ten per centum per annum, upon SAID
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 wear
from said September 9th, and one half in two
years from said 9th day Of September 1851;
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, a copy is attached
to said petition, on the following described
tracts or lots ofland, situated in the villages Of
| Olmsted Falls and Mlddleburgh in the County Of
Large Howard Quarry, at Olmsted, with railroad
connecting it 10 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 8
half acres OF ornamental and cultivated grounds,
with out buildings and gardeners residence, now
/ occupied by W. BeaJsOn Waring. Also, the
water power and lands at the village Of Mid
dleburgh, in said County, containing, also,
a large quarry Of Beres Stone, extending
! from the Cleveland & Columbus Railroad to stT
rods above the dam Of the old saw mill, with all
| the night to flow above. All said property 8 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 Gilruth
and four from Lester A. Harmon, all Of said
deeds are recorded in the Office Of Records for
Ouyshoga at Cleveland Ohio"
Said lands being more particularly described
as follows: LIST. Part Of section II. in Mid
dleburg and bounded as follows: begin
ming at the southeast corner Of land former
ly owned by Betsey Fsirchild, in the centre Of
toe East branch OF Rocky river, thence South
29S, East along the course Of said river 4 4i-lOO
chains to the southeast corner; thence South
Gle, West 76-lOO chains thence North 1879,
Wagt4 AH-lNO nHaiug to stalker theurn North GTo
East 2 $500 chains to the place OF beginning,
containing l S7-lO0 acres, with the saw mill and
all the privileges thereof, reserving the reser-
Walton Of Clark Goss and Ashbel ButtOlph 20
/ 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
menoing in the center of the East branch Of
Rocky river, c rods above the mill dam, being
the Northwest corner of q three acre lot deed
ed by Jonathan Vaughn to Abraham s, Under
hill thence North GU, East to the centre of the
ROckport road, thence along the centre Of the
road NOrtherly II reds, thence South Gle, West
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 to
contain l acre Of land and conveyed TO Sebra S.
Howard by James Gill eth by deed in vol 70, Guy
anoga 70 Records page Gil: Also, another piece
oflandin section IL, Middleburg, bounded as fol-
lows; commencing at q point in the centre Of
! Frontstreetl in the South line Ofthe Right ofWay
Ofthe CT a 0. Railroad, thence alongthe centre
I VI oAAu EAuut Street " idlQ OWutu Dy SAID Sc
bra oWard, (being one acre Of land,1 thence
South Sc, West % the centre Of Rocky river,
the East branch thereof, thence NOFth-WesterlV
along the centre OF said river 10 the south line
Of the Right Of Way Of the @. G.. 4 C.. Railroad,
thence along said South line to the plaee
OF beginning containing about 5 acres Of
land, and the same land conveyed by Wallace
and Warner 70 said Howard by deed IN Cuyahoga
Co, Records, vol. 50, page343 4th. Also, a parto Of
section "A, in Middleburg, bounded as follows: be-
ginning in the centre OF the East branch Of Rocky
rYer, on the section line between sections II
and "a thence south on said line 70 the
centre Of the highway, thence North-Westsrly in
the centre Of the highway to the South line Of
the Right Of Way Of the @. G. &C. Railroad,
thence Easterly along said South line
to the centre of Rocky rrver; thence
South-easterly along said river centre to
the place Of beginning, containing, about
l acre. 9th, Also, a part Of Lot No. l, Tract
No. 5, in the township Of Olmstead, and
boundedbegnning at the Southwest corner Of
Lott, thence East s rods, thence North running
at an average offs rods from the centre Of said
river the distance Of IS rods, thence West srods
10 the centre Of said river, thence along the
centre Of said river to the place OF beginning,
containing q of 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, by him
or his assigns to be used for the transit oflumber,
stonei &c, with the privilege ofspaceo Of loading
and unloading ears on the bank Also q rsser-
Eaton OF the privilege Of flowing water back up
on the land rs described in deed Of John Barn
UNI to Peter Kidney, Oct. 10, 1885, recorded. in
CuyhOga county Records, in vol. 7s, page SIS.
8. Also in OlEasted Falls village, in Oimsted
Township, and bounded rs follows: Beginning
at a point on Bridge street, 4 rods west OF the
southwest corner Of a lot sold by me 10 A. W..
Sabin; thence west along Bridge street to the
center Of River street; thence IN the center Of
River street northerly to the north line Of tract
one thence east on said line to c. ?. Dryden's
northwest corner thence southerly to a hslloW
maple tree glazed and crossed thence south
erly 70 the northwest corner OF land sold BY me
to Salin and o. G. Wright; thence southerly along
Salin & Wrighps west line to she place OF begin
ning' reserytngA Of an acre sold by said Harmon
to the Junction Railroad Company IN the south
east corner Of the land here conveyed, being 4
rods on Bridge ST. et and ten rods deep. 7. Also
another piece in Olmsted Falls village, known as
sub lots 62and5 SO in said village. s. Also another
piece in said village, and known as sublOt No. Bin
said village. These three parcels were convened
by L. Harmon to Howard. See vol. 90, page 495
OF CuyahOga Co. Records. g. Alse in the village
Of Olmsted Falls, snd intending to describe and
convey town lots Nos. nin~ety-three, ninety-four,
ninety-hve, ninety-six, ninety-seVen, ninety-
eight, n nety-nine and one hundred, and 50 much
OF howard street as was conveyed in a former
deed 70 said Howard by said Harmon, excepting
and reserving 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. Deed
to Howard acknowledged June 10, 1852, and re-
corded IN volume 120, page Sc Of Cuyahoga Coun-
ty Records. From the lots "a ands5, should he
F-N1N1 - +CN1AA W IA4AB Ay WAY
Z, 1850. See volume 104, page COS Of said Records.
10. Also sub lots Nos. 4, 6, 6 and 7 IN Olmsted
Falls village. II. Also in Olmsted Falls village,
the whole ofsub lot No. 81 and the north part Of
S. not before conveyed TO A Spaulding. Deed
rom L. A. Harmon, volume 10, page 62l. II. Al
so the following described piece Of land to be
used for railroad purposes, viz: Commencing
at a point one hundred and ninety feet north Of
the center Of the Cleveland & Toledo Railroad
track; thence westerly along said track curVing
~northWardly atthe rate o ften degrees to the hun
dred feet, said curved line being indicated by
stakes set at intervals ofhfty feet y thence south
along the west line Of Dryden's land 70 Ire CEN
ter Of said railroad track thence ~eastwardly
the north line Of said track to the place Of
beginning. Said piece or parcel ofland may re-
vert to the said Q. P. Dryden by his paying the
sum above mentioned to the said Sebra Howard
IN case 1t should not be continued in use for rail-
road purposes, said Dryden to elect when dis
continued whether he will tax the same back
OF not. This deed is made to Howard and his
vie Ellen, Volume73, page go, which first men,
toned mortgage is recorded in Cuyahoga C0un-
~ Records, volume lA5, pages 1853 and $50, and