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

TN COMMON PLEAS, CUYAH0GA |
I County, Ohio.-For money and sale Of lands.
Ijaulel H Fftzhugh, Ephraim Cone and Walter
esSase5 aS usSi. Plaintiffs, VS.. EIiery G. Williams,
Henry Chamberlin, Henry W clark, Johh
| 3. Cary, Horatio N. Ward, Harriet E. Ward keu-
/ ben Hitchcock, John P. Wheeler, Lathrop W. Da-
| vis James S. WadswoTth, John u. Armstrong, re-
l ceiyer OF the Canal Bank OF Cleyeland' r. N
/ Isett, William G. Brewster, Charles l. LAMP mp
The City Bank Of Cleveland, The ClsVeia11III 1II az
Il MahoninE Railroad Company, Edward MAIe, at |
The Qumeipiae Bank, Isaac Adams yl,, ,,s,s ne
Merchants and Mechanics bank o. " IiIssi eSr,Tsi
| Henry h. Bowen, Theodore MeNamee, SaInueA nue.
| P. Holmes, Horace FOotes James z. Melleh' AeH
| ~ L. Stone, Defendants. -,
| Any ofthe said defendants who have not been
served with process Will take notice tnat on tge
9th day Of December 1855, Allen AyrauitI tnen ~
| f1ll life but now deceased and Of whom plalntlns
| are Executors, filed his petition IN tne aDoEe
| named Court, which petition sets forth IN SUD-
Let THAT about April Sd, 1854, the defendants,
Williams and Chamberln, for valuable eonSide-
| ration advanced to them by said Allen Ayrauls az
| C3eneseo, in the State ofNeW York, delivered 70
said Ayrault their joint and several note, daSe1 @
| on said Sd day Of April, payable months alyeL
date, to the order Of Norman CnaPPell& a Al ~ W
Metropolitan Bank, New York. for S5,OOO " win
| interest," which was duly indorsed oy salq ChaI-
/ nall to said Allen Ayrault. That about July 0,
1854, at Geneseo aforesaid, said Ayrault ssil yS
ing holder Of said note, at instance Of sald =: "
! Williams and Chamberlin received IN SUBS
ton for said note, the Joint and several note OF
4 said Williams Chamberlin, Henry w. CLARK ana a31
John E. Carey, bearing date at SAID Geneseo, July
1854, payable January Sd, 1856, to the order oi
said Ayraultat the Metropolitan Bank New oTk
for $500 90 with ir5erest annually, ana thAt ~
the law Of the State Of New York, he IS entlIleQ
to recover at the rate Of seven per cent interest
per annum on the same, and there's due on the
same 81 500 20 with interest at seven per cent 70
| be computed as aforesaid, from July o. lsoo' lor
| which plaintiffs ask judgment.
E Williams and Chamberln, for value recelved'
delivered TO said Agrault another JOINT ana sew
eral note, executed by said Williams, ChamOer
lin Clark and Carey payable 70 the oTder 9I satu
Ayraut July l, 1856, at SAID MetroPoItah Dan \ =
for $4,000 % with interest annually, the rate q
beiny seiS1the State ofNeW York then ana there
note Is wholly unpaid and t6oFS re is aue t6 ssiG
Ayrault on the same, the sum Of $1,000 Win an
na interest thereon from July s. 1855, at the rate
N of per cent per annum-tor which pialntlf1s ass
So. That on said 9Th day of July, 1854, at sale
Geneseo, said Williams Chamberlain, for th'
purpose, among other things Of securing th'
| payment OF said notes, delivered TO said AlleI
Ayrault q mortgage deed bearing date July 3
1854. and executed on that date by said Ellery g
| Williams and Caroline N. Williams his wife (WhI
has since deceased) upon the following described
premises to wit: one equal, undivided haltln com
mon fthe following described tract Of land, SIT
uate in the township of Newbergh, being numbe
seven in the 18th range of townships in the Con
% nectieut Western Reserve, in the State OF ONO
and whichis also in the county Of Guy ohoga and D
known as being part Of 100 acre lot No. $50, AMI
is bounded as follows: On the east, north an'
mr. west by the original lines of said lot, and on tn
south By the center of the Edwards road $50 call
W. an eTceptinp right OF way 20 feet in width OF
ats each side of the center Of the Cleveland am
Pittsburgh Railroad track as now laid, said un
/ divided y containing 80 94-lOO acres Ofland. Ais
the whole Of the following described lots, sltuat
ed in the city OF Cleveland, county and Stat
Aforesaid, to WIT: Sub lot No. 46 in the Charlie
farm, $50 called situated on Detroit street
being 40 feet front by $50 feet deep, and sub-lo
No I3 in block No. 2, of Baldwin Seymour
subdivision Of 10 acre lots 81 and 90 on Hunting
ton street, beng 90 feet front by l2O feet deep
,s, which said mortgage was, on the 10th day Of Ju
~ w. 1854, at 80 O'Clock A. NJ, duly delivered 70
z record to the Recorder of said CuyahOga count
. and by him duly recorded on the 10th day OfAu
q, gust A. d. 1854, in CuYahoga county records, vol
"a, pages 426-7-s-all Of which premises the plain
Dot t claim the right to sell by virtue Of SAID mort
page on account Of the failure to pay the note
sforesaid-to pay the amount due on said notes
Said Ayrault further sets forth in said pehto
that said defendants, Hitchcock, Wheeler DAVIS
WadswOrth, Armstrong, Receiver Jeets, Brew
ster Camp, The City Bank Of Cleveland IN
Cleveland ( MahOning Railroad Company, Wade
The Quimeipiac Bank, Isaac Adams Jr.i IN
10 / Merchants and Mechanics Bank Of wheeling
Bowen, mcNamee, Holmes and stone nave o
q oretend to have, some claim by way of deed o
= mortgage, by way Of judgment lien, upon sal
q, premises in SAID mortage described or uPo
u | some part Of the same; but he says that all sue
liens or conveyances, nany there be, are lnterlo
and subordinate to that of said yrault. The sal
Ayrault further sets forth that sad defendant
Harriet E. Ward, who is the wife of said Horati
n. Ward, heretofore held mortgage upon san
x, premises, or part thereof, to secure the pay
ment Of the sum Of $4,000 70, which mortgage
vet uncanceIed of record, but as the sum to Sc
j. cure the payment Of which said mortgage wa
Qiyen fell due on the first day of March, A. i
70 1857, he charges that the same has been full
- paid Said AyTault therefore asks that an aecoun
VI | may be taken of the amount due him nom sal
defendants, Clark, Williams, Chamberlain, Carey
that they may be ordered 20 pay the same with
in some short period to be fixed BY the Court, !
that behalf, and that upon their failure so TO pa
D. scribed, be OrderedL 70 De soId as upon JnfI5ff
at law, and that the proceeds of such sale
ere applied to the payment OF the amount found du
A'e to the said Ayrault, and that he may have sue
other and further reliefin the premises as ma
{. be just and equitable.
The defendants, not served with process, wi
H. answer said petition by the 2lst day OF March
1868, or the matters alleged in said petition wi
be taken as true, and judgment rendered a
prayed for in said petition
eW RANNEY, BACKUS NOBLE,
~ January 9th, 1853. Pits Att'ys.
~ jsn29:4S0