Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-03-04
LEGAL NOTICES.
- 0nMMnN PLEAs

! IN COMMON PLEAS, CUYAHOGA
| j County, Ohio.-FOr money and sale Of lands.
/ Daniel H. Fitzhugh, Ephraim Cone and Walter
| Ayrault, Executor of Allen Ayrault, de-
ceased, Plaintiffs, vs.. Ellery 6. Williams,
! Henry Chamberlin, Henry W. Clark, John
| 2. Cary HOrstio N. Ward, Harriet E. Ward, Reu-
] ben Hitchcock, John P. Wheeler, Lathrop W Da-
! VS. James s. WadsWorth, John M Armstrong, re-
| eeiver Of the Canal Bank Of Cleveland, +. N.
/ lsetti william Z. Brewster, Charles L. Camp,
| The City Bank Of Cleveland, The Cleveland and
! MahOning Railroad Company, Edward Wade,
! The Quimepac Bank, Isaac Adams Jr The
! Merchants and Mechanics Bank Of Wheeling,
Henry ID. Bowen, Theodore McNRmee, Samuel
p. Holmes, Horace Foote, James ?. Mellen, Hen
| ry l.. stone, Defendants. r-
ANY Of the SAID defendants who have net been
served with process Will take notice that on the
9Th day Of December, 1858, Allen Ayrault, then in
full lie but now deceased, and ofWhom plaintiffs
are ExecCtorsi hled his petition in the above
named Court, which petition sets forth in sub
stance
lst. That about April Sd, 1854, the defendants,
Williams and ChRmberlin, for q valuable cOnside-
ration advanced to them by said Allen Ayrault at
Genesecs in the State ofNeW York, delivered 70
said Ayrault their Joint and several note, dated
on sad Sd day Of April, payable months after
date, to the order Of Norman Chappell at the
Metropolitan Bank, New York, for $500 90 with
interest, which was duly indorsed by said Chap
pell 70 sad Allen. Ayrault. That about July o,
1851 at Geneseo Aforesaid, said Ayrault still be-
ing holder Of said note, at instance Of said E. g.
Williams and Chamberlin received in substi
ton Tor said note, the joint and several note of
sad Mhllams ChamberllnJ Henry w. Clark and
John E Carey, bearing date at said GeneseO, July
Q. 1854, payable Ianuary Sd, 1856 20 the oEder Of
said Ayraulta at the Metropolitan Bank, New York,
for 5000 90 with interest annually, and that BY
the law Of the State Of New York, he is entitled
to recover at the rate Of seven per cent. interest
per annum on the same, and there's due on the
same 81 500 90 with interest at seven per cent. to
be computed as aforesaid, from July 5, 1855 for
which plaintiffs ask Judgment.
2. That about July 5, 1854, al said Geneseo sad
delivered TO said Agrault another Joint and sew
eral note, executed by said Williams, Chamber
lin, Clark and Carey, payable to the order Of said
Ayrault July l, 1885, at said Metropolitan Bank,
for $1,000 90 with interest annually, the rate Of
interest in the State ofNeW York then and there
being seven per centum per annum that said
note is wholly unpaid and there is due to said
Ayrault on the same, the sum Of 5000 with an
nual interest thereon frcm July 1855, at the rate
of per cent per annum-tor which plaintiffs ask
judgment.
81. That on said 5th day Of July, 1854, at said
Geneseo, said Williams a Chamberlain, for the
purpose, among other things Of securing the
payment Of said notes, delivered to said Allen
Ayrault mortgage deed bearing date July 3,
1854, and executed on that date by said Ellery G..
Williams and Caroline NJ. Wilii9ms his wife (WhO
has since deeeased) upon the following described
premises to WIT; one equal, undivided halfin COM
mon OF the following described tract Of land, SIT
uate in the township Of Newbergh, being number
seven in the 18th range of townships in the Con-
neetieut Western Reserve IN the State Of Ohio,
known as being part fl00 acre lot No. 333, and
is bounded as follows: On the east north and
west by the original lines Of said lot and on the
south by the center Of the Edwards road $50 call
ed), excepting right Of way 20 feet in width on
each side Of the center Of the Cleveland and
Pittsburgh Railroad track as now laid, said un-
divided = containing 80 94-l00 acres ofland. Also
the whole Of the following described lots, situat
ed in the city OF Cleveland, county snd State
aforesaid, to wit: Sub lot No. 46 in the Charles
Taylor farm, $50 caed) situated on Detroit street,
hain fee IRON nv eet and riH-IO
No. l3 in block No. 2 Of Baldwin & SeymOur's
SUBDIVISION OflO acre lots 81 and 50 on Hunting
ton street, beng 90 feet front by l20 feet deep
which said mortgage was, on the 10th day OF Ju-
ly, 1851 at 81 O'Clock A. NJ, duly delivered for
record 70 the Recorder Of said Cuyahoga county
and by him duly recorded the 10th day OfAu-
gust A. d. 1854, IN CuYahoga county records, vol
"A, pages 426-7-Sall Of which premises the plain
lifts claim the right to sell by virtue OF said mort
gage on account Of the failure to pay the notes
afOresad-to pay the amount due on said notes.
said Ayrault further sets forth in said petition
that said defendants, Hitchcock, Wheeler, DAVIS,
WadsWOrth, Armstrong Receiver Jets, Brew
ster, Camp, The City Bank Of Cleveland, The
Cleveland Mahoning Railroad Company, Wade,
The Quimeipiac Bank, Isaac Adams, Jr-, The
Merchants and Mechanics Bank Of Wheeling,
Bowen, McNamee, Holmes and Stone have OF
pretend to have, some claim by way Of deed or
mortgage, by way Of Judgment lien, upon said
premises in said mOrtage described or upon
some part Of the same but he says that all such
liens or cOnVeyances, ifany there be, are inferior
and subordinate to that Of said Ayrault The said
Ayrault further sets forth that sald defendant,
Harriet Z. Ward, who is the wife of said HOratio
n. Ward, heretofore held mortgage upon said
premises, or a part thereof to secure the pay
inent Of the sum of 900 90, which mortgage Is
vet uncancelled of record, but as the sum to Sc
cure the payment Of which said mortgage was
given, fell due on the first day OF March, A. D.
1851, he charges that the same has been fully
paid. Said Ayrault therefore asks that an account
may be taken of the amount due him from said
defendants, Clark, Williams, Chamberlain, Carey,
that they may be ordered to pay the same with
in some short period 10 be fixed by the Court, In
that behalf and that upon their failure 50 to pay
the same, said premises IN said mortgage de-
scribed, be ordered to be sold as upon Judgments
at law, and that the proceeds of such sale be
applied TO the payment OF the amount found due
to the said Ayrault and that he may have such
other and further reliefin the premises as may
be Just and equitable.
,fhe defendants, not served with process, will
answer said petition by the 2lst day OF March,
1853, or the matters alleged ln said petition VIII
be taken as true, and judgment rendered as
prayed for in said petition.
RANNEY, BACKUS 3 NOBLE,
January 9th, 1883. Plfi's Attys.
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