Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-31

The State OF O,io1 In Court Of Common Pleas,
ouyshOgACOunty Civil % oS acton I.Hs for money and
Franklin T. Back1s, pIf,
against
Evelyn q. Wilcox, Cath
arine Wilcox, Henry @.
Burtman, Joshua J. Nc.
Clintoek and Edward
Whipple, defendants.
HNHE defendants who have not received
notice by service of summons herein, viz !;
Henry G. Burtman and Edward Whipple will
take notice that on the l4th day Of September,
Court above mentioned for said County against
the above named defendants, setting forth there
IN that the defendant Evelyn H. Wilcox ont
10th day OF November 1861, executed and dellV-
cred TO the defendant HcClintock his i've prom
isory notes, one for S157, payable June lst,
1852; one for $2OO payable November lst, 1862 !;
one TOR $500, payable November 1st, 1868; one for
500, payable November lst, 1864, and one for
$500 payable November 1st 1865, all bearing in
terest from the date thereof; that to secure the
payment OF these notes said defendants Evelyn
d. Wilcox and Cathsrine Wilcox, wife Of said
Evelyn II. executed November goth, 1851, 8
mortgage deed to said McClintOck, which is re-
corded in Cuyahogs County Records, Vol. lie,
page 484 according to the terms Of which mort
gage deed, said Evelyn H Wilcox and his wife
Csthsrine conveyed 10 said McClIntOck the fol-
lowing described premises, situate in the town
ship OF Bedford in CuyahOga County, Ohio, and
known as the east part Of lot No. thirty-nine,
said lot and west by ten acres OF land in said lot
heretofore decided by James Berdan and wife to
Sylvester J. Smith, containing forty three and
one-hundredth acres Of land the condition Of
which mortgage deei was such, that, whereas
said Evelyn Il. Wilcox did execute and deliver
as aforesaid his said i've prOmisory notes to said
McClintock, if sad Evelyn d. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor TO said McClintock, his heirs or assigns
then said mortgage deed should be void but
otherwise remain in full force and virtue and
furthermore, that all of said notes, except the
one for Sl57, payable June 1st, 1862, were duly
assigned by said McChntock to the Plaintiff who
still holds them that Of said Nc tes so assigned,
the one for s20V, payable November lst, 1852
came to maturity November 4th, 1862, but was
not then paid nor any part thereof, and that the
same has not since been paid either In whole or
part. That said defendant Burtman, who claims
some interest in said premises, has according 10
the best Of plaintiff knowledge and beliefno in
terest therein oil any validity that, to the best OF
plaintiffs knowledge and belief, the note for
Sl57 shove mentioned payable June lst, 1862, has
been fully paid; that the defendant Whipple
claims some interest IN said premises by virtue
Of certain judgment given in his favor against
the defendant McClntOek and others by the
Court Of Common Pleas within and for said
County and State in the May term of said Court,
A. D. 1853 for S42l 96-lO0, aportlon Of hich re-
mains unpaid and the Judgment to that extent
unsatisfed, but that plaintiff being ignorant
whether said Whpple and McClintock have a.
this time any subsisting lien upon said premis-
es, demands proof Of the same; said petition
therefore asks that account be taken Of the
amount due plaintiff his mortgage foreclosed,
the priorites OF lien determined, the said lands
and tsnements ordered to be sold, the proceeds
or so much thereofas may be necessary, applied
to the payment of his debt, and that he may
have such other and further relief in the prems-
es as he Is in equity entitled 10 claim.
Said defendants, Burtman and Whipple, are
hereby notified that they are required 10 appear
and answer SAID petition on or before the third
Saturday after the 9th day Of November, A. D.,
1868.
BACKUs 4 NOBLE,
sept2i:l2s Plaintiffs Attorneys.