Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-15
LEGAL


The State OF OhOl In Court Of Common Pleas |
S. sale OF lands
Franklin T. Baek1s, prf,
against
Evelyn H. Wilcox, Cath
arne Wilcox, Henry c.
BurJmau, Joshua j. Nc.
Clintock and Edward
Whipple, defendants.
TENHE defendants who have not received
notice by service Of summons herein, viz
Henry c. BurtmSn and Edward Whipple will
take notice that on the l4th day of September,
A. d. 1868, the plaintiff hled 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
10th day of November 1861, executed and deliv-
cred to the defendant McClintOek his i've prom
isOry notes, one for Sl57, payable june lst
1862 one for 500. payable November lsts 1867
one for 500, payable November lst, 1861 one for
500, payable November lst, 1854, and one for
$500 PAYABLE November 1st, 1855, all bearing m
terest 'front.' the date thereofi thst to secure the
| payment Of these notes said defendants Evelyn
/ Il. Wilcox and Catharine Wilcox, wife OF SAID
| Evelyn d. executed November 10Th, 1851,
| mortgage deed to said McClmtOck, which IS re-
| corded in Cuyahoga County Records Vol ll6i
! page 4S4 according to the terms OF which mort
| gage deed, said Evelyn z. Wilcox and his vile
! Catharine conveyed to sald MeCIntock me Iol-
| lowing described premises situate IN the Town
| ship Of Bedford IN CuyahOga County, Onloi ana
/ known as the east part of lot No. thirty y-nine
| bounded north south and east by the iine OF
Z
| heretofore decided by James Berdan sand vile 10
| Sylvester j. Smith, containing forty three and
| One-hundredth acres Of land; the condition OF
| which mortgage dee was such, that, whereas
| said Evelyn n. Wilcox did execute and deliver
as aforesaid his said five Promisory notes to said
| McCintOck, il said Evelyn H. Wilcox, his heirs,
| assigns, executors or administrators, should
| well and truly pay said notes according to their
| tenor to said McChntOck, ms heirs or assigns,
! then said mortgage deed should be void but
otherwise remain in full force and virtue and
& fr.5HaH HT7Fa aaiT
| one for Slj7, payable June 1st, 1852, were duiT
| assigned BY said McClinroc to the Plaintiff who
still holds them that Of said nC ties so assigned
| the one for 500, payable November lsts l6o2i
| came to maturity November 4th, 1862, but vas
not then paid nor any part thereof, and that the
| same ha- not since been paid either in whole OF
part. That said defendant BUrtman, who claims
some interest in said premises, has according 70
the best of plaintiffs knowledge and beliefu0 in
| terest therein OF any validity that to the best o.
plaintiffs knowledge and belief, the note FOL
sl57 above mentioned payable June lst, ls63, has
been fully paid; that the defendant Whpplt
I claims some interest IN said premises by virtue
! of certain Judgment gwen in his favor agalns
| the defendant McClntOck and others BY the
! Court of Common Pleas within and for sale
County and State in the May term OF said Court
| A. D. 1853 for S42l 96-lOO, apOruon OF which re
mains unpaid and the Judgment to that ezten
| unsatisfed, but that plaintiff being iguoran
whether said Whipple and McCiintOek have a
/ this time any subsistlng lien upon said premls
j es, demands proof Of the same SAID peuuoI
/ | therefore asks that account be taken OF tht
amount due plaintiff, his mortgage foreclosed
the priorides OF lien determined, the SAID lanoi
| and tenements ordered to be sold, the proceeds
! or 50 much thereofas may be necessary appleG
to the payment Of his debt, 6ld that he ma
have such other and further relief IN the premis
! IS as he Is in equity entitled to claim.
Said defendants, Burtman and Whlpplei ar
hereby notified that they are required 70 appea
and answer SAID petition on or before the thlr'
Saturday after the 9Th day Of November, A. u.
looS- p.Cr-rro q ,roprE