Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-21
LEGAL.


The stnte Of Ohiol In Court OF Common Pleas, |
C1Tahoga gaCouniy, Owl action for money and |
ss azie Of lands.
- ass!n.s 4 - sfn' q. !
Evelyn Il. Wilcox, Cath
arine Wilcox, Henry @.
Burtman, Joshua J. Nc.
Olintock and Edward
Whipple, defendants.
HNHE defendants who have not received
notice BY service of summons herein, viz
henry Q. Burtman 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 q. Wilcox on the
20th day OF November 1851, executed and deliv-
cred to the defendant McCiintoek his five prom
isory notes, one for S157, payable June 1st,
1861 one for $500, payable November 1st, 1862
$780, paysble November 1st, 1854, and one for
500 payable November 1st, 1855, all bearing in
terest from the date thereof; that to secure the
payment Of these notes said defendants Evelyn
b. Wilcox and Catharine Wilcox, wife OF said
Evelyn Il. executed November 10th, 1851,
mortgage deed to said McClintock, which is re-
corded in Cuyahoga County Records, Vol. lls,
page 4S4 according to the terms Of which mort
gage deed, said Evelyn Il. Wilcox and his wife
Catharine conveyed to ssid McClIntoek 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,
bounded north, south and east by the line OF
said lot and west by ten acres Of land in 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 deei was such, that, whereas
said Evelyn II. Wilcox did execute and deliver
as Aforesaid his said five proInsory notes to said
| McClntOck, if said Evelyn H. Wilcox, his heirs,
/ assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said McClntock, 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 slbI, payable June 1st, 1862 were duly
/ assigned by said McClintoek to the Plaintiff who
still holds them that OF said nc tes so assigned,
the one for $500, payable November Ist, 1862,
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 or
part. That said defendant Burtman, who claims
\ some interest in said premises, has according to
the best Of plaintiff knowledge and beliefno in
terest therein Of any validity that to the best o.
plaintiffs knowledge and belief, the note for
| Slb1 above mentioned payable June 1st, 1862, has
been fully paidi that the defendant Whipple
| claims some interest in said premises BY virtue
| of a certain judgment given in his favor against
l the defendant McClintock and others by the
/ Court Of Common Pleas within and for said
/ County and State in the May term of said Court,
A. D. 1853 for S42l 96-100, spOrtion Of which re-
mains unpaid and the judgment to that extent
/ unsatished, but that plaintiff being ignorant
whether said Whipple and McCintoek have at
/ this time any subsistIng lien upon said premis-
es, demands proof Of the same; said petition
therefore asks that account be taken of the
amount due plaintiff, his mortgage foreclosed,
the priorities of lien determined, the said lands
and tenements ordered to be sold, the proceeds
or SO much thereof as may be necessary, applied
to the payment of his debt, and that he may
have such other and further relief in the premis-
/ es IS he is in equity entitled to claim.
i Said defendants, Burtman and Whipple, are
hereby notified that they are required to appear
and answer said petition on or before the third
Saturday after the 5th day Of November, A. b.,
1868.
BACKUS & NOBLE,
| sepE24123 Plaintiffs Attorneys