Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-09-25

The State Of Oh'o) In Court OF Common Fl-as,
ogyahozac0uny SiEl e az SeflG1 Snas iof money anu
Franklin Baek1s, prn,l
against @
Evelyn H. Wilcox, Cath
arina wilcox, Henry Q.
Burtman, Joshua Ne
Clintock and Edward
Whipple, defendants.
HNHE defendants who have not received
notice by service Of summons herein, viz
Henry O. Burtman and Edward Wmpple viii
take notice that on the l4th day Of september,
A. d. 1868, the plaintiff 6led his Petition IN the
Court above mentioned for said County against
the abOv- named defendants, seNlng foltn mere
no thar the defendant Evelyn b. WILCOX on the
goth day of November 1851, executed and delY-
cred to the defendant McClihtoeE ms nVe prom
i~ory notes, ons for sl5T, payable June lst,
1852; one for 500 payable November Isl, lenz
one for 500 Lavable November lst, 1865 one Tor
$500, payable November lst, 1854, and one ior.
$500 payable November lst, 1865, all bear ng m
terest from the daEe thereon tnst 20 secure ~
payment Of these notes said defendants Evelyn
| h. Wilcox and Cstharine Wilcox, VIE OF salo
L Eyelyn h. executed NoFember 10th, 1851 q
| mortgage deed to said MeCl ntock, which Is re-
page 4s4 according 70 the terms Of which mort
gage deed said Evelyn h. Wilcox and MS VIE
| Catharine conveyed to said McChntoek the foi-
| loWinz described premises, situat= IN the toWn,
/ shio Of Bedford N CuyahOga County Oh,oi ano
i known 8 the east part Of lot No. thirty nine
| bounde d north, south and east BY the line OF
said lot and west by ten acres OF land IN sald lot
i heretofore decided by James berdan ana VIE %
Il Sylvester j. smith, conraioIng forty three and
| one -hundredth acres OF landi the eondluon OF
/ which MORTGAGE dee was such, tnat, whereas
sand Evelyn g. Wilcox did execute ana aeuse, ,
as aforesaid his said i've promisory notes T. said
| MeClintock, Il fsaid Evelyn b. wilcox, nus nelrs,
| assigns, executors or administrators, should
| we'll and truly nav said notes according 70 their
| tenor 70 said NcChntoek, his heirs or assigns,
then said mortgage deed should be void ou5
| otherwise remain in full force ana virtue ano
furthermore, that all Of said notes. except tne
one f-r Sl57, payable June Isl, leez, were o@1ly ~
assigned By said McClin oek t. the Plaintiff Eho
still holds them that OF said nt tes 50 assigned
the one for S2Oc, pay bic November LIST, lSaS
came to maturity November 4th, 1861, but Was
| not then paid nor any part thereof, and inst tne
| same ha- not since been paid either in whole OF
pa : That said defendant Burtman, who clam
| some interest in ssid premises, has according e
the best Of plaintiff knoEled &C and oelie, no. no n
st therein Of any validity that u the pest Q
plaintiffs kneWledxe and belief the note lol
kl5T shove mentioned PAYABLE June lst, lse1, ma
been fully paid; thst the defendant WmpPi'
| claims some interest N said premises oy Vlrtu
I Of a certain Judgment gwen in his favor agains
| the defendant MeClintoek and others oy IN
Il Court Of Common Pleas within and ior sals
| County and State in the Nay term OF saiq Court
! A. D. 1853 for g42l 96-l00, apornon OF when re
mains unpaid and the Judgment 20 that e1ten
| uhsatisded, but that plaDln being lgnorah
whether said WhiPPle and MeClntoeS nave 3
this time any subsisting lien upon sad Premis
| as, demands proof Of the san1ei ssnd pehu91
therefore asks that account be taken O ths
| amount due plainlf his mortgage fnreclosed
the priorities Of lien determined, the said iandi
! and tsnements ordered to be sold, the proceed
or so much thereofas may be necessary apPilee
to the payment Of his debt, and that he ma
| have such other and further relief in the premis
es as he is IN equity entitled 70 claim
Said defendants, Enrtman and Whpples ar
hereby notified that they are required 70 appea
and answer sa d petition on or before ths tnlr'
Saturday after the 5th day OF NoTembeTS A. y.
BACKUs { NOBLE,
I 4of.Toa D i. fifFl. AttornaVa.