Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-30
LEGAL NOTICES.
COMMON PLEAS, CUYAHOGA

\ N AOUlAlON AGADf W AhONA
County, Ohio.-For money aud sale Of lands.
Daniel H. Fitzhugh, Ephraim Cone and Walter
Ayrault, deceased, Plaintiffs, vs.. Ellery G.. Will
liams, Henry Chamb berlin, Henry W. Clark, John
E. Cary, HoratiO n. Ward, Harriet z. Ward, Reu-
ben Hitchcock, John P. Wheeler, Lathrop W Da-
Wis, James S. WadsWorth, John II Armstrong, re-
eeiver Of the Canal Bank Of Cleveland, f. NJ.
Isett, William C. Brewster, Charles L. Camp,
The City Bank Of Cleveland, The Cleveland and
Mahoning Railroad Company, Edward Wade,
The Qumeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank OF Wheeling,
Henry H. Bowen, Theodore McNamee, Samuel
P. Holmes, Horace Foote, James P. Melen, Hem
~ l.. Stone, Defendants
Anv ofthe said defendants who have not been
served with process will take notice that on the
9Th day of December, 1858, Allen Ayrault, then in
full life but now deceased, and ofwhOm plaintiffs
are Executors, filed his petition in the above
named Court, which petition sets forth in sub
stance
Ist. That about April Sd, 1854, the defendants,
Williams and Chamberlin, for valuable eonside-
ration advanced to them by said Allen Ayrault at
GeneseO, in the State ofNew York, delivered to
said Ayrault their joint and several note, dated
on said Sd day of April, payable months after
date, to the order of Norman Chappell at the
Metropolitan Bank, New York, for SIS 900 90 with
interest, which was duly indOrsed by said Chap
nell to said Allen Ayrault That about july g.
1854, at Geneseo aforesaid, said Ayrault still be-
ing holder Of said note, at instance Of said Z. g.
Williams and Chamberln received in substitu-
ton for said note, the JOINT and several note Of
said Williams Chamberln, Henry W. Clark and
John E. Carey, bearing date at said GeneseO, July
s. 1854, payable January Sd, 1856, to the order Of
said Ayrault at the Metropolitan Bank, New York,
for $4,000 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 is due on the
same s., 500 90 with interest at seven per cent to
be computed as aforesaid, from July 8, 1855, for
which plaintiffs ask judgment.
2 That about July 5, 1854, at said Geneseo said
E. G. Williams and Chamberln, for value received,
la1irarad Z said A. Auraulf another 1OInt and
eral note, executed by said Williams, Chamber
lin Clark and Carey, payable to the order Of said
Ayrsut July I, 1856, at said metropolitan Bank,
for $1,000 % with interest annually, the rate Of
interest in the State ofNeW York then and there
being seven per centum per annum that said
noteis wholly unpaid and there is due to said
Ayraut on the same, the sum Of $1,000 with an
nual interest thereon from July s. 1855, at the rate
Oft per cent Per annum-ior which plaintiffs ask
s5. That on said 5th day Of July, 1854, at said
GeneseO, said Williams Chamberlain, for the
purpose, among other things Of securing the
payment of said notes, delivered to said Allen
Ayrault a mortgage deed bearing date July 3,
1854, and executed on that date by said Ellery 6.
Williams and Caroline NJ. Williams his wife who
has since deceased) upon the following described
premises to wit: one equal, undivided halfin CON-
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-
necticut Western Reserve, in the State Of Ohio,
and which is also in the county Of Cuyohoga andis
known
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 a 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 y containing 80 94-l00 acres ofland. Also
the whole Of the following described lots, situat-
ed in the city Of Cleveland, county and State
aforesaid, to Wlt Sub lot No. 46 in the Charles
TAYLOR farm $50 caled) situated on Detroit street,
being 40 feet front by $50 feet deep, and sub-lot
No. Is in block No. 2, Of Baldwin Seymour's
subdivision OflO acre lots 81 and 81 on Hunting
ton street, beng so feet front by l20 feet deep
which said mortgage was, on the 10th day of Ju-
IL, 1854 at 81 o'clock A. NJ, duly delivered for
record to the Recorder Of said Cuyahoga county
and BY him duly recorded on the 10th day Au-
gust A. D. 1854, in Cuyahoga county records, vol
IL pages 426-7-S-all Of which premises the plain
tfs claim the right to sell by virtue Of said mort
gage on account of the failure to pay the notes
afores said-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 Jetts, Brew
ster, Camp, The City bank Of Cleveland, The
Cleveland Mahoning Railroad Company, Wade,
The Ouimeipiac Bank, Isaac Adams Jr, The
Merchants and Mechanics Bank of Wheeling
Bowen, McNamee, Holmes and Stone have. or
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 SAID defendant,
Harriet E. Ward, who is the wife of said Horatio
n. Ward, heretofore held mortgage upon said
premises, or part thereof, to secure the pay
ment Of the sum Of 81, 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.
1857, he charges that the same has been fully
paid.
said Ayrault therefore asks that an account
NAV be taken of the amount due him from said
defendants, Clark, Williams, Chamberlain, Carey,
that they may be ordered 70 pay the same with
in some short period to be fixed by the Court, in
that behalf and that upon their failure so to pay
the same, said premises in said mortgage de
seribed, 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.
The defendants, not served with process, will
answer said petition by the 2lst day Of March,
1853 OF the matters alleged in said petition will
be taken as true, and judgment rendered as
PRAYED for in said petition
RANNEY, BACKUS & NOBLE,
January 9th, 1868. Plfs Att'ys.
jan29:430
ENGRAVERS.