Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-13
LEGAL NOTICES.
I11 oTITP m ONO CUYAHOGA

Nj action Tor money and sale Of lands.
George V. HoWk Plaintiff vs.. Charles HOWARD ]
Howard Executrix of Sebra Howard de-
eased ; Eleanor Howard, ]. Montgomery, Seth
|. Abbey, Orlando Cutter administrator OF NSl-
on Monroe deceased; Farley Sheldon, John ]
-ohnson, Elijah smith, ". s. Carpenter n: O.
Ella R. Chittenden, Richard L. CHIT
enden, Orrin J. Howard, and Emogene T. how !
.rd, defendants. L.
the plaintiff, has filed in said Court his Pe1-
ION AGAINST the above named Defendants when
5 in substance as follows; Ihat on me
day Of November, A. D.. 1871, the ONO
Company was q corporation To-
,oted and doing business az New Albany,
hi the State of Indiana, and by rs act OF moor
Doration was invested with BanElng FnVleges'
with the right to exact and take Ior the loan
~ nancy on notes, drafts and other securities, q
rate of interest nOh exceeding ten per centum
per apnum. That Che said Ohio Insurance Com
many Is in full legal existance, andls stl invested
with the same rights, privileges and powers
that on SAID 18TH day OF November
Is6O. Sebra Howard and Charles Howard were
partners doing business underline name Of p
+ Hazard. That on said 18th OF November
1870. ssd s. & c. Howard with one j. Mont
gomerv. executed and delivered to sad ONO
Insurance Company their note for.
Two months after date to the order Of C. B.
ADplegate ESQ. Secretary, Rtthe Banking once
Of the Ohio Insurance Company, New Aioa55'
PAYMENT on which note having been duly de-
manded, was not made nor has ltslnee been paldi
nor any part thereof; that afterwards and our
INC the life Of the said Sebra howard, 70 VII.
on the 9th day Of September, 1851, salG note
heinz due and the saidS & c. Howard Wlshlnga
further extension Of the same, an agreement
was entered into between sad ONO insurance
Company and said S. & c. Howard, that If the
said S. sc. 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 q GOOD ana
sufficient mortgage upon real estate, the ssld
Ohio Insurance Company would extend thetlme
of pavment Of said note one half Tor one year
from said September 9th, and one half n Two
years from said 9th day Of September 1871:
| That in pursuance of sad agreement last ABOVE
| stated the said Sebra Howard with his vie
Eleanor Howard, executed and delivered 70 the
soid Ohio Insurance Company, Of New Albany,
| indiana. a mortgage, ofWhich, acOpy Is attached
to said petition, on the tOlloW1ng descnDedl
tracts or lots ofland, situated in the villages OF
! Olmsted Falls and Mlddleburghln the County, OF
| Cuvaboga and State Of Ohio, and known as the
Large Howard QUARRY, at Oimsted, with railroad
| connecting it to the Cleveland Toledo Railroad
Titb Inc water mower Of Rocky River thereon.
Also, the old homestead or residence OF SAID
Howards. in said village, with about four and a
half acres Of ornamental ana culuvaSs9 sLounu5i
with out buildings and gardeners residence now
occupied by W. BeatsOn Warning. Also, the
water power and lands at the village Of Mid
dleburgh, IN said County, containing, also1
from the Cleveland & Columbus Railroad 70 SIX
rods above the dam of the old saw mill, with all
THE right to flow above All said property SIDE
6nitely described in seven deeds to said Howard
bv the following parties, VIZ one rom Luther
Barnum and his wife Ann, one from Cyrus p
Dryden and his wife Harriet, one from Gllrut9
and four from Lester A Harmon, all OF SAID
deeds are recorded in the Office Of Record' -
Cuyaloga at Cleveland Ohio-n
Said lands being more particularly descTioeu
az foIIoFa JSt- Part Of section, II. IN MID
49, sor+S oaS l9AoNs' Degm-
ly owned by Betsey Fairchild, in the centre OF
the East branch Of Rocky river, thence South
Z9S, Eastalong the course Of said river 4 A-IOO
chains to the southeast corner; thence South
Glo, West 7G-lOO chains thence North 1879,
West4 46-lO0 chains 70 stake; thence Nth Or
East 2 5000 chains to the place OF beginning,
containing l 3T-luO acres, with the saw mill and
all the privileges thereof, reserVng the reser-
walton of CLARK Goss and Ashbel ButtOlph to
pass aud re-pass with teams or otherwise, made
IN their deed TO Sylvester X. Hays. I'd. Also,
another piece in said section, and on
the East side Of the above described lot CON-
mencing 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 Gl', EasttO the centre Of the
ReckpOrt 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-
ed lot to the place of beginning, supposed to
contain l acre Of land snd conveyed to Sebra s.
Howard by James Gilreth BY deed in vol 70, Guy
ahOga Co. Records page GIL. Also, another piece
oflandin section II, MIddleburg, bOundedas fol-
lows: commencing at a point in the centre OF
Frontstreet, in the South line ofthe Right Of Way
Ofthe &C. d G. Railroad, thence alOngthe centre
OF SAID front street TO lana owned by SalQ Sc
bra Howard, (beng one acre Of land,) thence
South Go, 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. & c. Railroad,
thence along said South line to the place
Of beginning, containing about 8 acres Of
land, and the same land conveyed by Wallace
and Warner TO said Howard by deed IN CuyahOgG
Co. Records, vol. 81, page 343. 4th. Also, a part oil
section p, in Middleburg, bounded as follows: be-
ginning in the centre Of the East branch Of Rocky
- MLa 80 live aHnmna - II
and p, thence South on said line ts the
centre Of the highway, thence NOrth-westerlyi in
the centre of the highway to the South line Of
the Right Of Way Of the G. C. & G. 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
1 acre. 9Th, Also, a part OF Lot No. l, Tract
No. 5, in the township Of Olmstead, and
bOundedbegTnning at the Southwest corner Of
Lot !, thence East SIods, thence North running
at an average offs rods from the centre Of said
river the distance Of 10 rods, thence West rods
to the centre Of said river, thence along the
centre of said river to the place Of beginning,
cOhtaiaing Zof an acre Of land, subject to the
right of said arnum 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 usedfOr the 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
NAA ~ 1917 - ~ 1871 ESA1 40
CuyhOga county Records, in vol. Is, page 6l5.
g. Also IN Olmsted Falls village, in Olmsted
Township, and bounded rs follows: Beginning
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 oil
River street northerly to the north line Of tract
one thence east on said line to c.. p. Dryden's
northwest corner; thence BOutherly to a hollow
maple tree, glazed and crossed thence south.
erly to the northwest corner OF land sold by me
to Salin and o. {. Wright; thence sOutherly along
Sslin 4 Wrighps west line to the place Of begin-
ming, reservtngA 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 ublotN No. Sin
said village. These three parcels were conveyed
by LA. Harmon to Howard. See vol. so, page 49i
or C~uyahoga Co. Records. 9. Also in the village
Of olmsted Falls and intending to describe and
convey lots Nos. ninety-three, ninety-fouri
ninety-fFe, ninety-siX, ninety-seven, ninety.
eight, ninety-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 alOt with a house there
on solo by L. A. Harmon to the junction Rail.
road Company, 4 rods front by 10 rods rear, sup.
to Howard acknowledged June 10, 1852, and re-
| corded in volume 10, page IS Of CuyahOga COun,
ty Records. From the lots "a and95 should bt
excepted a part sold by Howard TO Murphy MAJ
7, 1860. See volume lOi, page COS Of said Records
10. Also sub lots Nos. 4, 5, G and 7 in OlmsteC
Falls village. IL. Also in Olmstsd Falls village
the whole OEsub lot No. 81 and the north part 0
IS NIT UerOre conveyed to A. opsuId1ng. Deec
from L. A Harmon, volume 70, page GIL. u. Al
ESQ the following described piece Of land to b,
used for railroad purposes, viz: Commencing
at a point one hundred and ninety feet north o
the center Of the Cleveland & Toledo Railroad
track thence westerly along said track cUrYinl
nOrthwardly at the rate of ten degrees TO the hun
dred feet, (said curved line being indicated by
stakes set at intervals offfty feet } thence soutE
along the west line Of Dryden's land 70 the cen
ter Of said railroad track thence %eastWardll
along the north line ofsaid track TO the place 0
beginning. Said piece or parcel o fland may re
! uarL 70 The aaia 81 p DRYDEN kZ hia nnuinn n.