Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-08
g NOTICES.
TyHE STATE OF OHIO, CUYAHOGA

JlNN AGNIOu LOT ullnEN AA4 nNAG VI A4AAAn
George v. HoWkP Plaintiff vs.. Charles Howard,
Eleanor Howard xecutrixo Of Sebrs Howard de-
ceased Eleanor Howard, J. Montgomery; Seth
A. Abbey, Orlando Cutter administrator Of Nell
son Monroe deceased; Farley Sheldon, John
Johnson, Elijah Smith, W. s. Carpenter, N. S.
Carpenter, Ella r. Chittenden, Richard L. Chit
.Orrin j.. Howard, and Emogene C. How
The defendants in this case will take notice
the plaintiff, has filed in said Court his petit
against the above named Defendants which
is in substance as follows: That on the
18th day Of November, A. d. 1890, the Ohio
Company was 3 eorPorauon To-
Gated and doing business at New Albany,
IN the State Of Indiana and BY us acI OF moor
poration was invested with Banking Privileges,
and with the rightto exact and take IOr the loan
Of money on notes, drafts and other securities, a
rate OF interest not exceedhg zen per ceGtum
per annum. That the said Ohio Insurance Com
pany Is in full legal existanee, andls sui invested
with the same rights, privileges, and powers
aforesaid, that on sad 18TH DAY OF november
1850, Sebra Howard and Charles Howard were
mariners doing business under the name Of y.
b., Howard. That on said 18th OF November
1850, snd s. & c. Howard viii one J. Mont
gomery, executed and delivered to sad ONO
Insurance Company their note for.
Two months after date to the order Of C. B.
Apologize ESQ. Secretary, atthe Banking ofiee
Of me Ohio insurance Company, New Albany.
PAYMENT on which note having been duly de-
handed, was not made nor has itsinee been PAID
nor any part thereof; that afterwards and dur
mo the RE of the said Sebra Howard, to wit:
on the 9th day Of Septembef, 1901, sald note
being due and the said 8. & C. Howard wlshinga
further extension OF the same, sn SgIeement
was entered into between said ONO insurance
Company and said 81 G. Howard, that I the
said 5. &C. Howard would pay interest at the
rate of ten per centum per mnum, upon sid
I note, TO said OMo9nsurance Company, and would
secure the paymant of said note by good and
sufficient mortgage upon real estate, the SAID
Onlo lnsurahee S9mIIny 1outu SA ElHolie yeHT
rom saiG september 9th, and one half in two
years from said 9th day Of September 1851
That in pursuance OF SAD agEse5ient ll5t apORe
stated the said Sebra howard with MS vile
Eleanor Howard executed and delivered 20 the
said Ohio Insurance Company, OF New Albany,
| Indiana, a mortgage, Of which, acopy Is attached
to said petition, on the following described
! tracts or lots ofland, situated in the villages Of
| Olmsted Falls and MiddlebuFgh in 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 a
half acres Of ornamental and cultivated grounds,
with out buildings and gardeners residence, now
occupied by W. Beatson Mar1ng. Also, the
water power and lands at the village of Mid
dleburgh, in said County, containing, also,
9 large quarry Of Berea stone, extending
rods above the dam Of the old saw mill, with all
the right 10 flow above. All said property sde-
fnitely described in seven deedsto said Howard
by the following parties, We 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 Once 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
ly owned by Betsey Fairchild, in the centre OF
the East branch Of Rocky river, thence South
299, East along the course Of said river 4 4i-1O0
chains to the southeast corner thence South
6lS, West 3 76-lOO chains thence North 1877,
West4 46-1O0 chains to stake; thence North 81"
East 2 5000 chains to the place OF beginning,
containing l 37-lO0 acres, with the saw mill and
all the privileges thereof, reserving the reser-
walton OF Clark Goss and Ashbel ButtOiph to
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 6lS, East to the centre Of the
Reckport road, thence along the centre Of the
road Northerly u rods, thence South Gle, West
to the centre Of the river; thence with the CEN
tire of the river or East line Of the first describ-
ed lot to the place Of beginning, supposed to
contain 1 acre Of land and conveyed to Sebra S.
Howard by James Gilreth by deed in vol. 7S, Guy
ahOga Co. Records page GIL. Also, another piece
oflandIn sectional, Middleburg, bOundedas fol-
lows: commencing at a point in the centre OF
Front street, in the South line ofthe Right ofWay
ofthe C. c. & C. Railroad, thence alOngthe centre
OF said Front street to land owned by said Sc
bra Howard, (being one acre Of iandO thence
South 6l9, 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. & G. Railroad,
thence along said South line to the place
of beginning, containing about 8 acres oil
land, and the same land conveyed by Wallace
and Warnerto said Howard by deed IN Cuyshogs
Co. Records vol. 50, pageS3. 4th. Also, a part OF
section "a, in Middleburg, bounded as follows: be-
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-Westerly in
the centre of the highway 70 the South line OF
the Right of Way Of the G.. c.. 4 C. Railroad,
to the centre OF Rocky river; 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. 8, in the township Of Olmstead, and
bOundedbegnniDg at the Southwest corner OF
Lot 1, 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 Srods
to the centre Of said river, thence along the
centre Of said river to the place OF beginning,
cOhtaialng 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 ~ofluinber,
stone, &c, with the privilege Ofspace of loading
and unloading ears on the bank. Also a reser-
walton Of the privilege Of flowing wat back up
on the land as described in deed Of JCNn Barn
UNI to Peter Kidney, Oct. 10, 1885, reco. led in
CuyhOga county Records, in vol. 70. age 6l5.
G.. Also in Olmsted Falls village, Al Ofmsted
Township, and bounded as follows: Beginning
AZ a point on Bridge street, 4 rods vest of the
southwest corner Of a lot sold by ne to 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 oftract
one thence east on said line to G. P. Dryden's
northwest corner; thence sOutherly to a hollow
maple tree, glazed and crossed thence south
erly to the northwest corner Of land sold by me
70 Sslln and &C. Wright thence southeTly along
Salin d Wrights west line to the place of begin
ming, reserYtng = 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 street and ten rods deep. z. Also
another piece in Olmsted Falls village, known as
sub lots 52and So in said village. 5. Also another
piece IN said village, and known as sublotNo Sin
said village. These three parcels were conveyed
by LA. Harmont to Howard. See vol. SO, page 495
OF CuyahOga Co. Records. 8. Alse in the village
] OF Olmsted ais, and intending to describe and
convey town lots Nos. ninety-three, ninety-foW,
nlnety-nYe, .nlnety-si1, ninety-seven, ninety
eight, n nety-nine and one hundred, and so much
| OF Howard street as was conveyed in a former
and deserving on "a BIZ saaid5 Ht9EGm9ons segEeessRRspqReg
on sold by L. A. Harmon to the Junction Rail-
road Company, 4 rods front by 10 rods rear, sun
to Howard acknowledged June 10, 1852, and re-
corded IN volume 10, page Sc Of Cuyahoga Coun-
ty Records. From the lots "a and IS, s6onld be
excepted a part sold by Howard to Murphy May
Z, 1860. See volume lO4, page COS Of said Records.
10. Also sub lots Nos. 4, 8, 6 and in Olmsted
Falls village, II. Also in 0lmsted Falls village,
the whole oRsub lot No. 81 and the north part OF
IS not before conveyed to A. Spaulding. Deed
from L. A. Harmon, volume 70, page GIL. u. Al
so the following described piece Of land to be
used for railroad purposes, VIZ; Commencing
at 2 point one hundred and ninety feet north OF
the center Of the Cleveland q Toledo Railroad
track thence westerly along said track curving
northwardly atthe rate of ten degrees to the hum
dred feet, (said curved line being indicated by
stakes set at intervals offfty feet y thence south
along the west line Of Dryden's land to the CEN
ter Of said railroad track thence ~eastWardly
along the north line o fsaid track to the place Of
beginning. Said piece or parcel ofland may re-
vert TO the said G.. P. Dryden by his paying the
sum above mentioned to the said Sebra Howard
in case it should not be continued in use for rail-
road purposes, said Dryden 70 elect when dis
continued whether he will take the same back
or not. This deed is made to Howard and his
wife Ellen, volume 70, page $40, which first men