Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-05
LEGAL NOTICES.
THE STATE OF OHIO. CUYAHOGA

County, S. s. In Court Of Common Pleas.
Civil action for money and sale Of lands.
George V. HOwk Plaintiff vs.. Charles Howard,
Eleanor Howard Executrix 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. s.
Carpenter, Ella R. Chittenden, Richard L. Chit
tenden, Orrin J. Howard, and Emogene C. How
ard, defendants.
The defendants in this case win take notice
that the plaintiff, has filed in said Court his petit
ton against the above named defendants, which
is IN substance as follows: That on the
18th day Of November, A. D. 1850, the Ohio
Insurance Company was a corporation To-
Gated and doing business at New Albany,
IN the State Of Indiana, and by its act of ineor-
~poratiOn was invested with Banking Privileges,
and with the right to exact and take for the loan
Of money on notes, drafts andOther securities
rate Of interest not exceeding ten per centum
per annum. That the said Ohio Insurance Com
pany IS in full legal eXstance, andis still invested
with the same rights, privileges, and powers
aforesaid, that on sad 18th day of November,
1850, Sebra Howard and Charles Howard we're
partners doing business under the name Of s.
c. Howard. That on said 18th Of November
1860, sad S. & C. Howard with one j. 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 the 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 part thereof; that afterwards and dur
ing the life Of the said Sebra Howard, to wit;
on the 9th day Of September, 1891, said motto
being due and the said S. 4 C. Howard WishinQa
further extension of the same, an agreement
was entered into between said Ohio Insurance
Company and said S, h O., Howard, that if the
said 5. c. Howard would pay interest at the
rate Of ten per centum per annum, upon said
note, to said Ohio Insurance Company, and would
secure the paymant Of said note by a good and
sufficient mortgage upon real estate, the said
nnrn Nmumpomna Inmnnmu HnnNd a-NnnI aEa Ew.n
of payment 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 pursuance OF sald 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, a mortgage, 0 (which, acOpy is attached
to said petition, on the following described
tracts or lots Ofland, situated in the villages Of
Olmsted Falls and Middleburgh in the County Of
CuyahOga and State of Ohio, and known as the
Large Howard Quarry at Olmsted, with railroad
connecting it 70 the Cleveland 4 Toledo Railroad,
with the water power Of Rocky River thereon,
Also, the old homestead OF residence Of ssid
HOWardsi IN Sald village with about four and q
half acres Of and cultivated rounds,
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 above the dam Of the old saw mill, with all
the right to flow above. All said property = 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 ana ms Vile Harriet one from Gilruth
aud four from Lester A.. Harmon, ali Of said
deeds are recorded in the Office Of Records Tor
ouyahoga at Cleveland Ohio"
SAID lands being more particularly described
as follows lst- Part Of section IL. 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 ROnkw rfvar sbapaa C.r4b
2gS, East along the course of said river 4 44lOO
chains to the southeast corner; thence South
6l', West 7G-lO0 chains thence North laLe,
West4 46-lOO chains to stake; thence North de.
East 2 59-lDO chains to the place Of beginning,
containing l 3T-lO0 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 70 Sylvester r. Hays. I'd. Also,
another piece in said section, and ON
the East side Of the above described lot COM
menclng IN the center Of the East branch Of
Rocky river, 6 rods above the mill lam, being
the Northwest corner of q three acre lot deed
ed by Jonathan Vaughn to Abraham S, Under
hill thence North 60, East to the centre of the
Reckport road, thence along the centre Of the
road Northerly u rods, thence South So, West
to the centre Of the river thence with the CEN
tire OF the rver or East line Of the first descub-
cd lot 10 the place OF beginning, supposed to
contain l acre Of land and conveyed to Sebra S.
Howard by James Gllreth BY deed in vol. 10, Cuy-
snoga 70. Records page GIL. Also, another piece
~ ANAA IN 5NItLoA IL AAlaQltDuIEs pounded as 1Ol-
lows: commencing at a point IN the centre of
Frontstreetp IN the South line Ofthe Right of WAY
otthe &C. & C.. Railroad, thence along the centre
or said Front street to land owned by said Sc
bra Howard, (being one acre Of land,1 thence
south 6lo, West to the centre of Rocky river.
the East branch thereof, thence North westerly
along the centre Of said river 10 the south line
Of the Right of Way of the C. c. & @. Railroad.
thence along said South line to the place
OF beginning containing about q acres al
land, and the same land conveyed by Wallace
and Warnerto said Howard by deed in Cuyahoga
20. Records, vol. ~, page 343. 4th. Also, mart of
section "a IN Mlddleburg, bounded as follows. he
ginning IN the centre OF the East bganch Of Rocky
river on the section line between sections II
and "a, thence South on said line to the
centre fthe highway, thence North-westerly in
the centre OF the highway 10 the South line of
the Right Of Way Of the G. G. sc. Railroad. !
thence Easterly along said South lima
TO the centre Of Rocky river fsencs
South-easterly along said river centre Ia !
the place Of beginning, Combining, aboDt |
l acre. 9TH, Also a p9ls Of Lot No. 1, TRACT |
NO. ., IN the township Of Olmstead and
0oundedbegnning at the Southwest corr -
Lot l, thence East8 rods, thence No. "a
a. an average OTIS rods from :he a.ntrs ASaning
Ed'eE NC distance Of rods, thenos West q r sJa
"a eSAtls Of SAID river, thence ajong ~
~ " sAi9 .NPeF TO the place OF beUi6n,ng
-olth4!Aq 4nf an acre Of land, suhiac9 - H5sd,
I'eAt 81 SAID AarnHm aud his assigns ~ 30 VIZ
: IOaQ way ram the bed Of e. .,nstr ur'
hTs a. ~ y N'uA - river to . ,ob
.,e may deem best. Dy him