Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-29
LEGAL NOTICES.
HE STATE OF OHIO, CUYAHOGA


A Abbey, Orlando Cutter administrator OF Nel-
son Monroe deceased; Farley Sheldon, john I
johnson, Elijah Smith, W. 5. Carpenter, n ,.
Carpenter, Ella R. Chittendep, Richard !. emit
tenden, Orrin ]. Howard, and Emogene c. How
The defendants in this case will take notice
that the plaintiff, has filed in said Court his petit
ton Fainst the above named defendants, when
is in substance follows: Inat on tne
18th day Of November, A. D. 1850, the OHIO
Insurance Company was coIgOraliom TO- |
Gated and doing business at New Albany
IN the State Of Indiana, and by its act Of incor-
poration was invested with Banking Privileges;
and with the rightto exact and take for the loan
Of money on notes. drafts and other securtlesi
rate OF interest not exceeding ten per centum
per annum. That the SAID ONO insurance i Oi OoInii
pany Is in full legal eXistancel and IS stll invested
aforesaid, that on said 18th day Of November, |
1860 Sebra Howard and Charles Howard were /
partners doing business under the name of 5 a
c. Howard. That on said 18th of November |
1860, said s.. & c. Howard with one j. Mont |
gomery, executed and delivered to said ONO |
Insurance Company their note for
T,yo months after date to the order Of C. B. |
Applegate ESQ. Secretary, at the Banking ofnee /
| If he sOhio Insurance. Company, New Albany |
PAYMENT on which note having been duly de-
manded, was not made nor has it since been pald,
any part thereof that aiterWards ana a ogf 1rt
/ on the 9th day Of september, 1851, sald hOte
/ being due and the said S. c. Howard wishnga
| further extension Of the same, an agreement
y-as entered into between said Ohio Insurance
companv and said S & c. Howard, that if the
! said 8. &c. Howard would pay interest at the
| rate Of ten per centum per annum, upon sslq
nUtu, 90 aoid Ohio insurance Company, and would
| secure the paymant of said note by good and
! sufficient mortgage upon real estate, the sald
| Ohio Insurance Company Would extend the tlme
| of payInent of said note one half for one year
/ from said September 9th, and one half IN two
| years from said 9th day Of September 1861;
| That in pursu nance Of said agreement last above
/ stated the said Sebra Howard with his wife
Eleanor Howard, executed and delivered to the
| said Ohio Insurance Company, OF New Albany,
| Indiana, mortgage, OF which, a copy Is attaeheq
| to said petition, the following described
tracts OF lots Ofluud situated in the villages Of
Olmsted Falls and Alddleburgh in the County Of
Cuyahoga and State of Ohio, and known as the
Large Howard Quarry, at Olmsted, with railroad
| connecting it to the Cleveland Toledo Railroad,
with the water power OF Rocky RIVER thereon;
Also, the old homestead or residence of sad
| HoWRrds, in said village, with about four and
| half acres Of ornamental and cultivated grounds,
with out buildings and gardeners residence, now
| occupied by W. BeatsOn Waring. Also, the
water power and lands at the village Of Mid
| dleburgh, in said County, containing, also,
| a large quarry of Berea Stone, extending
from the Cleveland Columbus Railroad to six
RODS abUVu tn dam of the old saw mill, with all
the right to how above. All said property ) de-
finitely described IN seven deeds to said Howard
. | blythe following parties, viz one from Luther
/ Barnum and his wife Ann, one from Cyrus P
| Dryden and his wife Harriet one from Gilruth
, | and four from Lester A. Harmon, all of said
deeds are recorded in the Office of Records for
, Cuyahogs at Cleveland Ohio"
Said lands being more particularly described
, as follows: 1st. Part of section II. In Mid
oleburg and bounded as follows: begin
ming at the southeast corner of land former
T | ly owned by Betsey Fairehild, in the centre of
the East branch Of Rocky river, thence South
. 29s East along the course of said river 4f-lOO
| chains to the Southeast corner; thence South
6lS, West 76-lO0 chains thence North lS1ao,
| West4 46-lOO chains to stakei thence North 6l",
= | East 59-lU0 chains to the place OF beginning,
| containing 37-lO0 acres, with the saw mill and
all the privileges thereof, reserVing the reser-
/ Of am hhnl N
1 ! pass aud pass with teams or otherwise, made
!, in their deed to Sylvester r. Hays. I'd. Also,
' | another piece IN said section, and on
h the East side OF the above described lot com
n mencing in the center of the East branch OF
, Rocky river, rods above the mill dam, being
Z the Northwest corner Of three acre lot deed
I. ed by Jonathan Vaughn to Abraham S, Under
hill; thence North 6l', East to the centre Of the
:, Rockport road, thence along the centre of the
d road Northerly u rods, thence South Gle, West
to the centre OF the rivers thence with the cen
= tire of the river East line Of the first describ-
. ed lot to the place of beginning, supposed to
~ contain acre Of land and conveyed to Sebra S.
Howard by James Gilreth by deed in vol 73 Guy
ahOga Co. Records page GIL. Also, another piece
ofland in section IL, Middleburg, bounded as fol.
lows: commencing at point in the centre o
< Front street, in the South line ofthe Right OfWay
J. ofthe C. C. & C. Railroad, thence along the centre
i of said Front street to land owned by said Sc
!, bra Howard, (being one acre of land,) thence
: South Go, West to the centre of Rocky river
I the East branch thereof, thence NOrth-Westerly
/ along the centre Of said river TO the south line
Of the Right OF hay Ol the y. u q Y. RAILROAD
II thence along said South line to the place
i | of beginning, Containing about acres o.
= land, and tho same land conveyed by Wallace
4 and Warner to said Howard by deed in Cuyahoga
: Co. Records, vol 80, page 343 4th. Also, a part o
section "a, in Middleburg bounded as follows: be.
ginning in the centre OF the East branch of Rocky
7 river, on the section line between sections II
; and "A, thence South on said line to the
= centre of the highway, thence North-Westerly in
: the centre Of the highway to the South line oi
# the Right Of Way Of the C. c. O.. Railroad
| Lhnuen EagtnrlV linz
i to the centre of Rocky river; thence
4 t-SOuth-easterly along said river centre to
4 | the place Of beginning, containing about
2 acre. 5th, Also, part Of Lot No. 1, Tract
: | No. 8, IN the township Of Olmstead, and
! | bOundedbegnning at the Southwest corner Of
/ Lot !, thence East rods, thence North running
= st an average offs rods from the centre of said
river the distance Of 10 rods, thence West rods
: to the centre of said river, thence along the
I e5ntre Of said river to the place Ol beginning,
, | cohtalalng n OF an acre OF land, subject to the
right of said Barnum and his assigns to construct
a road way from the bed of tho river to such
! point on the bank as he may deem best, by him
or his assigns to be used for the transit of lumber,
stone, &c, with the privilege Of fspaee of loading
| and unloading cars on the bank. Also "A reser-
yaton OF the privilege Of flowing water back up
on the land as described IN deed of John Barn
um to Peter Kidney, Oct. 10, 1885, recorded in
Z Cuyhoga county Records, in vol. rs, page Gl5.
! | 6. Also in Olmsted Falls village, in 'Oimsted
Township, and bounded follows: Beginning
, at point on Bridge street, rods west of the
southwest corner Of a lot sold by me to A. W.
5aDln5 Lnence west along Bridge street to the
center of River street; thence IN the center of
River street nOrtherly to the north line of tract
, one thence east on said line to c. p. DRYDEN s
northwest corner; thence southerly to hollow
maple tree, glazed and crossed thence south
, erly to the northwest corner OF land sold by me
to Salin and o. C. Wright; thence southerly along
Sam Z WrlghPs west line to the place Of begin
nlng, reserVtng q OF an acre sold by said Harmon
/. to the Junction Railroad Company IN the south
east corner of the land here conveyed, being 4
rods on Bridge street and ten rods deep T. Also
| gVriIln lrrnnr
sub lots 81 and 50 in said village. g. Also another
piece in said village, and known as sub lot No in
S1lq 'iliA37e. Ihese Ihree parcels were conveyed
| by L. A. Harmon to Howard. See vol. 90, page 495
OF Cuyahoga Co. Records. 9. Alse in the village
| OF Olmsted Falls, and intending to describe and
convey town lets Nos. ninety-three, ninety -four,
nlnety-hve, ninety-six, pinety-seYen, ninety
eight, petJ nine and one hundred, and SO much
| OF Howard street as was conveyed in q former
deed to said Howard by said Harmon, excepting
and reserVlng theretrom alot with house there
on sold by J.. A. Harmon to the Junction Rail-
road Company, rods front by 10 rods rear, sup
posed to contain about A acres of land. Deed
to Howard acknowledged June 10, 1859, and re-
corded IN volume l2O page SC of CuYahoGa Conn
| ty Records. From the lots 81 and '95, should be
excepted part sold by Howard to Murphy May
y 1860. See volume lO4, page COS of said Records
10. Also sub lots Nos. 4, 5, 6 and in Olmsted
Falls village. IL. Also in Olmsted Falls village
the whole Ofsub lot No. 81 and the north part of
s. not before conveyed to A. Spaulding. Deed
from L. A: Harmon, volume rs, page 621. 10. Al
so the following described piece of land to be
useu AOA AalLIOhu purposes VIZ: commencing
at a point one hundred and ninety feet north Of
the center Of the Cleveland Toledo Railroad
track thence westerly along said track curving
northWardly at the rate of ten degrees to the hun
dred feet, (sald curved line being indicated by
stakes set at intervals offty feet y thence south
along the west line of Dryden's land to the cen
ter Of said railroad track thence eastwardly
along the north line OF said track to the place of
beginning. Said piece or parcel of land NAV re-
vert to the said o. P. Dryden by his paving the
sum above mentioned to the said Sebra Howard
IN case It should not be continued in use for rail-
road purposes, said Dryden to elect when dis
continued whether he will take the same back
or not. This deed IS made to Howard and his
! wife Ellen, volume 73 page 62O which frat mon