Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-21
LEGAL NOTICES,
NHE sTATE az nHIO CuYAHOaA

County, 6. s. In Court Of Common Pleas.
Civ action for money and sale Of lands.
George V. Hcwk Plaintiff vs.. Charles Howard
Eleanor Howard Executrlx Of Sebra Howard de-
ceased Eleanor Howard, J. Montgomery, Seth
A. Abbey, Orlando Cutter administrator OF Nell
son Monroe deceased Farley Sheldon John
Johnson, Elijah smith, W. S Carpenter n. ;.
Carpenter, Ella R. Chittenden, Richard L. Chit
tenden, Orrin ]. Howard, and Emogene c. How
ard, defendants.
The defendants in this case viii take notice
that the plaintiff, has fled in said Court his petit
ton against the above named defendants, which
is in substance as follows: Ihat on tne
18th day Of November, A. D. 1850, the Ohio
Insurance Company was q corporation 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 right to exact and take for the loan
Of money on notes, drafts and other securities, a
rate Of interest not exceeding ten per eentum
per annum. That the said Ohio Insurance Conn
pany Is inful legal existance, andis still invested
with the same rights, privileges, and powers
aforesaid, that on sald 18th day OF November
1850, Sebra Howard and Charles Howard were
partners doing business under the name Of 5. &
O.. Howard. That on said 18th Of November
1850, said 8. & G. Howard with one ]. Mont
gomery, executed and delivered to said OHIO
Insurance Company their note for.
Two months after date to the order of C. B.
Apologize Esq. Secretary, atthe Banking office
Of Ohio Insurance Company, New Albany.
Payment on which note having been duly de-
manded, was not made nor has it since been paid,
nor ANY DdIE LlELtUAH AlLAhI AlIGA " huu Jul
ing the fife of the said Sebra Howard, to wit;
on the 9th day Of September, 1861, said note
being due and the said s. & G. Howard wishinga
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said s. & G: Howard, that if the
said s.. G. Howard would pay interest at the
rate Of ten per centum per annum, upon sad
note, to said Ohio Insurance Company, and would
secure the paymant of said note by a good and
sufficient mortgage upon real estate, the sad
Ohio Insurance Company would extend the time
I 81 ouwman of sold nnfn 0mn half for 0na YEAR
from said September 9th, and one half in two
wears from said 9th day Of September 1861;
That in pursuance Of said agreement last above
stated the said SeDra Howard with ms VIE
Eleanor Howard, executed and delivered to the
| said Ohio Insurance Company, Of New Albany,
Indiana, a mortgage, ofwhieh, acoPy Is attached
to said petition, on the following described
tracts or lots ofland, situated in the villages Of
| Olmsted Falls and Mlddleburgh b. 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 said
Towards, in said village, with about four and a
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, alsos
a large quarry Of Berea Stone, extending
from the Cleveland & Columbus Railroad to SIX
rods above the dam Of the old saw mill, with all
the right to flow above. All said property g de-
hnitely described in seven deeds to said Howard
by the 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
Cuyahoga at Cleveland Ohio"
Said lands being more particularly described
as follows: lst. Part Of section II. in Mid
dleburg and bounded as follows: begin
ming at the southeast corner Of land former
ly owned by Betsey Fairchild, IN the centre Of
the East branch Of Rocky river, thence South
299, East along the course Of said river 1 44-l0O
chains to the southeast corner; thence South
6l@s West3 16-lO chains thence North 1917
West4 46-lOO chains to stake; thence North 81"
East 2 59-1O0 chains to the place Of beginning,
containing l 37-lOO acres, with the saw mill and
all the privileges thereof, reserving the reser-
walton Of Clark GOss and Ashbel ButtOlph to
pass aud re-pass with teams or otherwise, made
in their deed TO Sylvester R. Hays. I'd. Also,
another piece in said section, and on
the East side of the above described lot COM
mencing in the center of the East branch OF
Rocky river, 8 rods above the mill dam, being
the Northwest corner Of a three acre lot deed
f ed by Jonathan Vaughn to Abraham S, Under
hill thence North Go, East to the centre Of the
Rsckport road, thence along the centre Of the
road NOrtherly u rods, thence South Gle, West
to the centre Of the river thence with the CEN
tire of the river or East line Of the first describ-
t ed lot to the place Of beginning, supposed to
contain I acre Of land snd conveyed to Sebra s
2 Howard by James GilIeth by deed in vol 70, Guy
ahOga Co. Records page GIL. Also, another piece
oflandi in sectional Middleburg, boundedas fol.
lows: commencing at a point in the centre o.
. ] N II liz "a AAAG u JIG NAEA VI W a
ofthe {. C. & C. Railroad, thence alOngthe centre
OF said Front street to land owned by said Sc
! bra Howard, (being one acre Of land,) thence
South 6lo, West to the centre of Rocky river
the East branch thereof, thence NOrth-westell
, along the centre Of said river 10 the south line
Z of the Right of Way Of the C. c.. & C. Railroad
thence along said South line to the place
: Of beginning, containing about o acres o
! land, and the same land conveyed by Wallace
and WarnertO said Howard by deed IN CuyahOgl
, Co. Records, vol. 81, pages 43. 4th- Also, a part o
] unmFfnn o. IN MahdfnhFwm hnrnHnh q f11lnmea hn
: ginning in the centre Of the East branch Of Rocky
+ river, on the section line between sections L
! and "a, thence South on said line to thC
centre OF the highway, thence NOrth-westerly il
, the centre of the highway to the South line o
! the Right of Way Of the O. c.. h c. Railroad
, thence Easterly along said South line
I to the centre Of Rocky river thence
: SOuth-easterly along said river centre t.
: the place Of beginning, containing, abou
q l acre. 9Th, Also, a part Of Lot No. !, Trac
! No. 5, in the township Of Olmstead, anC
q boundedbeUnning at the Southwest corner o
Lot 1, thence East 8rods, thence North running
at an average offs rods from the centre Of sale
y river the distance of Is rods, thence West 8 rod
Z to the centre Of said river thence along tht
! centre Of said river to the place Of beginning
cohtaiaing Zof an acre Of land, subject to the
right of said Barnum and his assigns to c~onstrue
a road way from the bed Of tho river to sucs
point on the bank as he may deem best, by hin
u or his assigns to be used for the transit plumber
. stone, &C., with the privilege ofspaee Of loading
Z and unloading cars on the bank. Also a reSer
walton OF the privilege Of flowing water back up
: on the land as described in deed Of John Barn
! UNI to Peter Kidney, Oct. 10, 1885, recorded il
CuyhOga county Records, IN vol. 70, page 6l5
. G. Also in Olmsted Falls village, in OlmsteC
y Township, and bounded as follows Beginning
o at a point on Bridge street, 4 rods west Of tn
southwest corner Of a lot sold by me to A. W
Sabin; thence west along Bridge street to tll
} center of River street; thence in the center 0
, River street northerly to the north line Of trac
. one thence east on said line to Q. p. Dryden
: northwest corner thence southeriy to a hollow
. maple tree, glazed and crossed thence south
erlyt to the northwest corner Of land sold by m
: to Salin and o. C. Wright thence southerly alonI
\ Salin & Wrighps west line to the place ofbegin
! ming, reserYtngZ Of an sere sold by said Harmon
4 to the Junction Railroad Company IN the south
u east corner Of the land here conveyed, being
rods on Bridge street and ten rods deep. Z. Ais
another piece in Olmsted Falls village, known a
. sub lots 52nd5 SO in said village. 8. Also anOthe
Q piece in said village, aud known as sublOt No. 81
said village. These three parcels we're conveye
- by LA Harmonic Howard. See vol. so, page 9
OF Cuyahoga Co. Records. 8. Alse in the Vllag
> Of Olmsted Falls, and intending to describe an
convey town lots Nos ninety-three, ninety-foul
ninety-iYe, ,ninety-six, ninety-seven, ninety
= eight, nInety-nine and one hundred, and so niue
Of Howard street as was conveyed in a forme
!. deed to said Howard by said Harmon, exceptIn
and reserTing therefrom alOt with a house there
on sold by l.. A. Harmon to the Junction Raj
3 road Company, 4 rods front by 10 rods rear, SUI
posed to contain about AZ acres of land. Dee
to Howard acknowledged June 10, 1852, and re
corded IN volume l2O, page Sc Of CuyahOga COun
I, ty Records. From the lots 81 and 50, should b
4 excepted a part sold by Howard to Murphy Ma
7, 1860. See volume 104, page COS of said Records
10. Also sub lots Nos. 4, 5, 6 and in Olmste
Falls village. II. Also in Olmsted Falls village
s the whole Ofsub lot No. 81 and the north part {
e So not before conveyed to A. Spaulding. Dee
from L. A. Harmon, volume 49, page 62l. u. Al
so the following described piece Of land to b
It used for railroad purposes, viz: Commenein
i at a point one hundred and ninety feet north {
the center of the Cleveland & Toledo Railroa
track thence westerly along said track curvin