Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-30
LEGAL N0TIcES,
ME STATE OF OHIO. CUYAHOGL

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. 8.
Carpenter, Ella R. Chittenden, Richard L. Chit
tenden, Orrin J. Howard, and EmOgene G. How
ard, defendants.
The defendants in this case will take notice
that the plaintiff, has hled in said Court his pet
ton against the above named defendants, which
is in substance as follows: That on the
18th day Of November, A. D. 1s6O 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 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,
rate Of interest not exceeding ten per eentum
per annum. That the said Ohio Insurance Com
pany in full legal existance, andis still invested
with the same rights, privileges, and powers
aforesaid, that on said 18th day Of November,
1850, Sebra Howard and Charles Howard were
partners doing business under the name Of s.
@. Howard. That on said 18th Of November
1860, said 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.
Applegate 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 SebTa 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, agreement
was entered into between said Ohio Insurance
Company and said s. & c. Howard, that if the
said S. & c. Howard would pay interest at the
rate Of ten per centum per Annum, upon said
note, to said Ohio Insurance Company, andWould
secure the paymant Of said note by good and
sufficient mortgage upon real estate, the said
Ohio Insurance Company would 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 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, copy is attached
to said petition, the following described
tracts or lots Ofiand, situated in the villages of
Olmsted Falls and MIddleburgh in the County of
Cuyahoga and State Of Ohio, and known as the
Large Howard QuarrF, 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
HOwards, 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,
| 8 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 sie-
initely described in seven deeds to said How ard
8y the IooSSPg 10y parties yz @ one er6 f53m rIs Tslfr
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
29S, East along the course Of said river 4 44-lOO
chains to the Southeast corner; thence South
| 6l', West 76-lOO chains thence North 1872
! West 46-l00 chains 10 stake; thence North 6Ia
| East 59-lO0 chains to the place OF beginning,
| containing l 57-lO0 acres, with the saw mill and
| all the privileges thereof, reserVing the reser-
] YatiOn 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
| mencng in the center Of the East branch of
| Rocky river, 6 rods above the mill dam, being
the Northwest corner Of a three acre lot deed
| ed by Jonathan Vaughn to Abraham s, Under
| hill thence North 6lS East to the centre Of the
| RoekpOrt road, thence along the centre of the
road Northerly u rods, thence South Gle, West
! 10 the centre Of the river; thence with the CEN
tre Of the river or East line of the first describ-
ed lot to the place Of beginning, supposed to
| contain acre Of land and conveyed to Sebra s.
! HaYard BY James Gilreth by deed in vol %, Guy
ofIand in section H. d8lebtAflsso another piece
| lows: commencing at a point in the centre Of
Front street, IN the south line ofthe Right of Wav
Ofthe c. C. 4 C. Railroad, thence along the centre
| OF said Front street to land owned by said Sc
| Dra Howard (being one scre Of land,) thence
South 6l', 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. 4 C. Railroad
tnence along said South line to the place
81, beginning containing about 3 acres Of
lsnS n1lS fnd the same land conveyed by WALLACE
aN S pE J, to saidH oward by deed in Cuyahoga
ti % in 6ql 50, page 343 4th. Also a part of
! Ginning in the cehteourg, bounded as follows: be-
river, On the sectid2I me the East branch Of Rocky
and "a, thence South ne ,, Oet%een seeuons II
| centre of the highway, tha sad line to the
| the centre of the highway t6 NorLh-Westerly IN
/ the Right of Way Of the G. c. soutn line OF
| thence Easterly along said b IA 1Slir9ad 2a,
/ to the centre Of Rocky river; nne
| South-easterly along said river centreHce
| the place OF beginning, containing, about
| l acre. 9th, Also, part OF Lot No. i, Tract
| No 5, in the township Of Olmstead, and
| bOmdedbegnning at the Southwest corner of
| Lot /, thence East rods, thence North running
! at an average offs rods from the centre Of said
/ river the distance Of Is rods, thence West rods
| to the centre of said river thence along the
! c9ntre Of said river to the place Of beginning,
| cohtaiaing q 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 Oflumber,
stone, &c, with the privilege Ofspace Of loading
| and unloading cars on the bank. Also a reser-
Yation 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, in vol. Is, page 6l5.
| G. Also in Olmsted Falls village, in Olmsted
| Township, and bounded as follows: Beginning
at a point on Bridge street, rods west of the
/ southwest corner Of q lot sold by me to A. W.
| Saolni thence west along brloge street 70 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 G. P. Dryden 5
! 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. Q. Wright thence southerly along
! Saln Wrghrs west line to the place Of begin
| ming, reserYtng = 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. Z. Also
another piece in Olmsted Falls village, known as
sub lots 52and SO in said village. 5. Also another
piece in said village and known as sub lot No. in
/ said village. These three parcels were conveyed
/ by L. A. Harmon to Howard. See vol. 90, page 495
| OF CuyahOga Co. Records. 8. AlsO in the village
of Olmsted Falls, and intending to describe and
convey town lets Nos ninety-three, ninety -four,
/ nlnety-hve, ninety-siX, 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 reserVing therefrOm q lot with house there
| on sold by i. 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 l2O, page So Of Ouyahoga Coun-
| ty Records. From the lots % and 95 should be
| excepted part sold by Howard to Murphy May
T. 1860. See volume lO4, page COS of said Records.
| 10. Also sub lots Nos. 4, 5, and in Olmsted
Falls village. IL Also in Olmsted Falls village,
/ the whole fsub lot No. 54 and the north part OF
| 55 not before conveyed to A. Spaulding. Deed
/ from L. A. Harmon, volume 73, page 62l. II. Al
so the following described piece Of land to be
used for railroad purposes, viz: Commencing
/ at point one hundred and ninety feet north oi
/ the center Of the Cleveland Toledo Railroad
track; thence westerly along said track curving
northwardly the rate of ten degrees to the hun
/ dred feet, (ssid curved line being indicated by
stakes set at intervals offfty 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 @. 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