Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-06
LEGAL NOTICES,
THE STATE OF OHIO, CUYAHOGA

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 J. Howard, and Emogene {. How
The defendant in this case will 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 q corporation To-
Gated and doing business az New Albany,
IN the State OF Indiana, and by its act OF ineor-
p~OratiOn 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 Com
pany IS in full legal existsncei andis still invested
with the same rights, privileges, and powers
aforesaid, that on SAID 18th day Of November, l
1850, Sebra Howard and Charles Howard we're
partners doing business under the name Of S. &
C.. Howard. That on said 18th Of November
1850, said s. & G. Howard with one J. Mont
gomery, executed and delivered to said OHIO
Insurance Company their note for.
$500 payable
Apologize Esq. Secretary, stthe 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, 1861, said note
being due and the saidS. & c. Howard Wishinga !
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said 5. & C. Howard, that if the
said S, c. Howard would pay interest at the
rate'Of ten per centum per annunl, upon ssld
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
Ohio Insurance Company UOuld extend the time
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 said agreement last aboye
stated the said Sebra Howard with his wife
| Eleanor Howard, executed and delivered 70 the
| said Ohio Insurance Company, OF New Albany,
Indiana, a mortgage, Of 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 Quarrg, at Olmsted, with railroad
connecting il 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 Warng. 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-
fnitely described in seven deeds to said Howard
by the following paruesi 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
CuyAhOga at Cleveland Ohio"
Said lands being more particularly described
as follows: LIST. Part Of section. II. in Mid
dleburg and bounded as follows: begin.
ming at the southeast corner of land former
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 4 44-IOO'
chains to the southeast corner; thence South
6I', Vests 76-lOO chains thence North 1879,
West4 4G-lO0 chains to stake; thence North &c,
East ? 59-IOO chains to the place OF beginning,
containing l37-lOO acres, with the saw mill and
ali 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 q three acre lot deed
ed by Jonathan Vaughn to Abraham 8, Under
hill thence North GU, East to the centre of the
Reckport road, thence along the centre Of the
road NOrtherly l. 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-
ed lot to the place Of beginning, supposed to
contain l acre of land and conveyed to Sebra S.
Howard by James Gilreth by deed in vol. Is, Guy
ahoga Co. Records page Gil. Also, another piece
oflandm section H. Middleburg, bounded as fol-
lows: commencing at q point IN the centre of
Front street, in the South line .ofthe Right of Way
Ofthe c. C. q c. Railroad, thence alOngthe centre
OF said Front street to land owned by said Sc
bra Howard, (being one acre Of land,) thence
South GlS, West TO the centre of Rocky river,
the East branch thereof thence N~orth-WesteTly
along the centre Of said river 10 the South line
of the Right Of Way of the c.. c. a C. Railroad,
thence along said South line TO the place
Of beginning containing abONt 8 acres Of
land, and the same land conveyed by Wallace
and Warner to said Howard by deed in Cuyahoga.
Co. Records, vol. 81, page33. 4th. Also, a part Of
section a. N Middleburg, bounded as follows: be-
ginning in the centre Of the East branch OF Rocky
river, on the section line between sections II
and q, thence South on said line to the
centre Of the highway, thence North-westerly in
the centre Of the highway to the South line Of
the Right OF Way Of the g. q. & 0. Railroad,
thence Easterly along said South line
to the centre of Rocky river; thence
South-easterly along said river centre to
the place Of beginning, containing, about
l acre. 9Th, Also, a part OF Lot No. 1, Tract
No. 5, in the township of Olmstead, and
boundedbegmning at the Southwest corner of
Lot l, thence East rods, thence North running
at an average offs rods from the centre of said
river the distance Of Is rods, thence West Srods
to the centre of said river, thence along the
c9ntTe Of said river to the place Of beginning,
containing = of an acre Of land, subject to the
right of said BaTnum 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 sedfOrth transit oflumber,
stone, &C, with the privilege ofspace of loading
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
um to Peter Kidney, Oct. 10, 1885, recorded in
! CuyhOga county Records, insVOl. IS, page 6l5.
6. Also in Olmsted Falls village, in Olmsted
4 3 aL4 NAAA ID AAU . LEEAuLAlA
at point on Bridge street, 4 rods west of the
southwest corner Of a lot sold by me to A. W.
Sabin; thence 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 corDeri thence southerly to a hollow
maple tree, glazed and crossed thence south
eTly to the northwest corner OF land sold by me
to Salin and o.. c.. Wright; thence southerly along
Salin & Wrghps west line to the place ofbegin-
ming, reserYtng Of an acre sold by said Harmon
! To the Junction Railroad GOmnanu IN the goufh-
east corner Of the a nd here conveyed, being 4
rods on Bridge street and ten rods deep. 7. Also
another piece in Olmsted Falls village, known as
sub lots 90 and 50 in said village. 8. Also another
piece in SAID village, and known as sublOtN Nc. Sin
said village. These three parcels were convened
by LA. Harmon to Howard. See vol. so, page 495
OF CuyahOga Co. Records. 9. Also in the village
Of Olmsted Falls, and intending to describe and
convey town lets Nos. ninety-three, ninety-four,
ninety-hVe, ninety-si1, ninety-seven, ninety
eight, n'nety-nine and one hundred, and so much
Of Howard street as was conveyed in a former
deed to said Howard by said Harmon, excepting
and reserYlng therefrOm alOt with a house there
on sold by L. A. Harmon to the Junction Rail
road Company, 4 rods front by 10 rods rear, sup
posed to contain about AZ acres Of land. Deed
to Howard acknowledged June 10, 1852, and re-
corded in volume 10, page SO Of Cuyahoga Coun-
ty Records. From the lots "a and 95, should be
excepted q part sold by Howard to Murphy May
2, 1850. See volume lO4, page COS Of said Records.
10. Also sub let's Nos. 4, 5, 6 and Z in Olmsted
Fails village. II. Also in Olmsted Falls village,
the whole oEsub lot No. "a and the north part Of
So not before conveyed to A. Spaulding. Deed
from L. Harmon, volume 70, page GIL. u. Al
so the following described piece Of land to be
used for railroad purposes, viz: Commencing
at a point one hundred and ninety feet north OF
the center Of the Cleveland q Toledo Railroad
track thence westerly along said track curving
nOrthWardlyat the rate of ten degrees to the hum.
dred feet, tsaid curved line being indicated by
stakes set at intervals ofhty feet , 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 ofland may re-
vert to the said G. P. Dryden by his paying 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 snd his
wife Ellen, volume 70, page GO, which first men
toned mortgage is recorded in Cuyahoga Coun-
y Records, volume I45, pages 35s and $50, and