Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-09-30
LEGAL

The Stat. ~ OhcO Ia Court Of Common Pleas,
CuyahoeiGouniy, Civil action for money and
Franklin T. Baol,Gs, pi'g,
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry G.
Burtman, Joshua J. Ne.
Cliniock and Edward
Wmpple, defendants.
TTHE defendants who have not received
notice by service Of summons herein, viz
Heury G. Burtman and Edward Whpple will
take notice that on The lith day of September,
A. b. 1865, the plaintiff dlod his petition IN Che
Court above mentioned Tor said County against
the above named defendants, setting forth there
IN that tho defendant Evelyn II. Wilcox on the
11th day Of November 1901, executed and dev-
cred TO the defendant McClntock his hve prom
isory notes, one for si57 payable June lst,
lsd2 one for 500, payable November -, hg2
one Tor 500, payable November lstt ls6l one for
500 payable November lst lsai, and one for
500 payable November lst, 1868, al bearing n-
terest from the date thereofi that 10 secure ihe
payment Of these notes said defendants Evelyn
II Wilcox and Cathariue Wilcox, wife of said
Evelyn II. executed November 2nih, 1861,
mortgage deed 90 said McOhuiOck, which l7 re-
corded In CuyEh0ga County Records, Vol. libi
page 49, according 10 che terms of which mort
rave deed, said Evelyn n Wilcox and bis wife
Catharnr conveyed 10 snd McClmiook the fol-
lowing described premises, situate In the town
ship Of Bedford tu Cuyahoga County Ohioi and
| known AZ the east part OF LOT No. thirty nine,
bounded north, south and east BY tno line Of
said lot aud west ~ I'm sores or land IN aaid lot
heretofore decided by James Berdnn and wife tc
Sylvester ]. Smith, eoutaising forty three and
ono hundrcdth tsres OF land the condition of
which mortgage dee was suchi hat WhereaH
said Evelyn ". Wilcox dld execute and delivel
nH Aforesaid his said i've promi4ofy notes iD said
| MoCintock, ifHnid Evelyn u Wilcox, his Hheirs,
assigns, executors or ndmInlatfaiora, should
well aud truly pay said notes according % Their
/ tonor % said McCiintock, his heirs or assigns,
then said mortgage decd should be VOID bat
otherwise remain in iul force aId viriuo and
/ furthermore, that nll u said notes, except Che
one for e payable june 10, l1u5, were uuly
still holds them that Of said nct tos so assigned,
| the one Tor 500. payable November ist, lat2,
came % maturity hoyemhou1ithi isli, but vas
/ not then paid nor any part thore0L and that the
| same has not since been paid either IN whole or
part That said defendant Buriman, who claims
some interest in said premises, has according 20
lhe best Of planiif sknosiedge and belief no in,
erfst therein Of any validity thnt, 90 Che best of
plaintiffs knowledge aud belief, The note ior
! sl1T above mentioned payable June 1T, lsq2, h,7
been fully paid that the dsiandant Wmple
claims some interest u said Fromircs BY Virtue
of a certain Judgment given In his favor against
tho defendant McClntOck aud others BY the
Court of Common Pleas within and for SAID
County and State in the May term Of said Court,
Il A. ID fs51 for stgl gG-lO0, aportOn Of which re-
mains unpaid and the Judgment 20 thai extent
unsatisfed but that plainuh being ignorani
whether said Whipple and MeClmtqes have a.
! this time any subsisung lion upon said premia-
es demands proof Of the snmei said petiiion
therefore asks that account be taken Of the
amount due plaintiff, his mortgage ioreclosed'
the proFities oi lien determined, the said lanaa
and tenements ordered 10 be sold, the proceeds
or 20 much thrreofns may be necessary, applied
10 the payment Of his debt, and that be may
have such other and further relief IN thc premis-
e. a. he is In equity entitled 20 claim.
Said defendants nurtmgu and Whipple, are
hereby notified that they are required % appear
and answer said petition ou or before the third
Saturday AFTER the Oh day OF November a. d.
1ag1
BACKUs 4 NOBLE,
sept2s1Zl Piaintih's Atorueya.