Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-18
fEaAt RaTIEEs.
THB STATE OF OHIO, OUYAHOGA


County, 8. 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, ]. Montgomery, Seth
A. Abbey Orlando Cutter administrator Of Nell
son Monroe deceased; Parley Sheldon, John
Johnson, Elijah Smith, W. s. Carpenter, N. s.
Carpenter, Ella r. Chittenden, Richard l.. Chit
tenden, Orrin }. Howard, and Emogene C. How
ard, defendants.
The defendants in this case will take notice
that the plaintiff, has filed in said Court his petit
'uon 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 n corporation To-
Gated and doing business at New Albany,
IN the State OF Indiana, and by its act Of incor-
poratOn 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 centum
per annum- That the said Ohio Insurance Com
pany in full legal existance and is stiinyested
WIN me same am, rights, privileges and powers
1850, Sebra Howard and Charles Howard were
partners doing business under the name Of s. &
g. Howard. That on said 18th of November
lSGO, said s. c. Howard with one J. Mont
gOmery, executed and delivered to said Ohio
Insurance Company their note for.
$500 payable
Two months after date 10 the order Of c. 3.
APPlegate Esq. Secretary, atthe Banking office
Of the Ohio Insurance Company, New Albany
Payment on which note having been duly de-
was not liAQe nor lS since been paid,
nor any part thereof; that afterwards and dur
ing the life of the said Sebra Howard, TO wit
on the eth day Of September, 1861, said note
being due and the said 5. c. Howard Wishinga
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said S. & C. Howard, that If the
sad ) q e. 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
q IN HHnlnnT nTWnHafa HnfH \ a.
OF payment Of said note one half for one wear
from said September 9th, and one half in, two
years from said 9th day Of September 1851:
That in pursuance of said agreement last above
stated the said Sebra Howard with his wife
Eleanor Howard, executed and delivered 10 the
said Ohio Insurance Company, Of New Albany
Indiana mortgage, Of which, a eopyis attached
TO sad 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 to the Cleveland & Toledo RaiIroad
with the water power Of Rocky River thereon.
Also, the old homestead or residence Of said
HoWardss 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,
large quarry Of Berea Stone extending
from the Cleveland Columbus Railroad 10 SIX
rods above the dam of the old saw mill with an
=
hnitely described in seVen deeds TO said Howard
by the following parties, viz one from Luther
barnnm and his vile Ann, one from Cyrus p
Dryden and his wife Harriet, one from Gilrnth
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 H. 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 Soutb
2lS, East along the course Of said river 4I-IOO
chains to the southeast corner; thence Soutb
Gl', West 7G-i00 chains thence North l3II5
West 46-l0O chains to stake; thence North 6Ie
East 59-iOO chains 10 the place OF beginning
containing 7-l0O aeres with the saw mill and
all the privileges thereof reseryjng fbe reser
WALTON Of Clark GOss and Ashbel Buttolph TO
pass aud re-pass with teams or otherWise made
in their deed 10 Sylvester r. HAYS 2d Also
another piece IN said section, and on
menelng IN the center of the East branch of
Rocky river, 6 rods above the mill dam. being
the North west corner Of a three acre lot deed
ed by Jonathan Vaughn to Abraham s. Under
hill; thence North Gle, East 10 the centre Of the
Rockport road, thence along the centre of The
road Northerly II rods, thence South 6Ie, West
70 the centre OF the river; thence with the can
tire of the river or East line OF the irst deser{h
ed lot to the place Of beginning, suDposed 10
contain acre Of land and conveyed 10 Sebra s.
Howard by James Gilreth By deed in vol 73 Cuy-
ahOga Co. Records page GIL. Also, another niece
ofland in sectiOnll, Middieburg, bounded as FOL
lows commencing at point IN the centre of
Front street, in the SOuth fine ofthe Riobf W.,
Ofthe C, c. G. Railroad, thence alone fbe centrc
OF sald Front street to land owned bv said Sc
bra Howard, (being one acre OF Iandl thence
south ClS, West to the centre of Rocky river
the East branch thereof thence North.Westerly
along the centre Of said river to the south line
Of the Right of Way Of the c. c. & G. Railroad
thence along said South line TO the place
or beglnnlngI containing about acres OF
land, and the same land conveyed bv Wallace
and Warner to said Howard by deed in Cuyahooa
Co. Records, vol. 81 page 343 4th Also a psrt Of
section "a, IN MlddlebuTg, bounded as follows. he
ginning in the centre Of the East branch or Roxy
river, on the section line between sections II
and "A, thence South on said line to the
centre o. the highway, thence North-westerlyin
the centre OF the highway TO the South line of
the Right of Way Of the @. C. 4 c. Railroad,
thence Easterly along said South line
70 the centre of Rocky river; thence
south -easterly along said river centre to
the place OF beginning, containing, about
l acre. 9th, Also, part of Lot No. 1, Tract
NO. ., IN the township Of Olmstead, and
bOundedbeginning at the Southwest corner of
Lot l, thence East rods, thence North r1nning
at an average offs rods from the centre of said
river the distance Of Is rods, thence West srods
centre Of said river to the place OF beginning,
eohtaialng q Of an acre of land subject 10 the
nght OF SAID Barnum and his assigns to construct
a ROAD way nom the bed of tho river to such
point on the bank as he may deem best bv him
or his assigns to be usedf tho transit oflumber.
stone, &c, with the privilege Ofspace Of loading
and unloading cars on the bank Also a reser-
Yatlon OF the privilege of flowing water i5ack nm
on the land as described in deed Of John Barn
um to Peter Kidney, Oct. 10, 1885, recorded in |
Cuyhoga county Records, deeds recorded in vol. |
78, page 615. "
G. Also in Olmsted Falls village. in OImstad
Township, and bounded as follows: Beoinning
at point on Bridge street, rods west of the |
southW est corner Of lot sold by mo to A. W.
Sabni thence west along Bridge street 10 the |
center OF River street; thence IN tho center Of /
KlYer street northerly to the north line Of tract
one thence east on said line TO c. F. Dryden's |
northwest eOrneri thence southerlY TO a hollow
maple tree, glazed and crossed thence south |
erly 70 the northwest corner OF land sold bV me |
70 Saim and U. Q. Wright; thence southerIy along
ninS' reservtng q Of an acre sold by said Harmon |
TO the Junction Railroad Company in the south- /
east corner Of the land here conyeVed. beino 4 |
roas on bridge street ana ten rods deep. T. Also
another piece IN Olmsted Falls village, known as /
sub lots 81 and So in said village O. Also another
piece IN said village and known as sub blot No ain
sad NiiiaSe. Ihese three parcels were conveyed |
Dy L. A. harmon 10 Howard. See vol so uape 4g5 /
Of Cuyahoga Co. Records. .. Alse in the VILLAGE /
oil Olmsted Falls, and intending to describe and i
convey town lots Nos. ninety three, ninety-four,
.nlnety-six, ninety seven, ninety- /
elght, 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
anu Is5erYlhg theTeirom a lot with house there
on sold by l.. A. Harmon to the Junction Rail
ROAD company, rods front by 10 rods rear, sup
posed TO contain about AZ acres of land Need
70 howard acknowledged June 10, 1852, and re-
corded IN volume l2O, page sc OF Cuyahoga Conn
ty Records From the lots 81 and IS, should be
excepted a part sold by Howard TO Murnhv Afav
q 800 see volume lOl, page COS Of said Records
10 Also sub lots Nos. 4, 8, 6 and in Olmsted |
Falls village. II. Also in Olmsted Falls VILLAGE,
the whole ofsub lot No 81 and the north part of /
% not before conveyed to A. SpauldinR Deed |
rom Il. A; Harmon, volume 70, page G2I. .l2. Al
so the following described piece Of land to be
used for railroad purposes, viz: Commeucing
a. a. point one hundred and ninety feet north oi
the center OF the Cleveland & Toledo Railroad
track thence westerly along said track euryinq
northWardly at the rate of ten degrees to the hun
stakes set at intervals cfiIy feet 3 thence south
along the Wesl line Of Drydenis land 10 thecen-
ter Of said Taili 1ad track thence eastWardlv
along the north Inns cI said track to the place Of
Said piece or parcel of land may re-