Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-18
-IEaAL N0TIeEa,
THE sTATE OF OHIO. CUYAHOGA

= II A4A - $500 L
County, SIS. In Court Of Common Pleas.
Civil action for money and sale Of lands.
George V. HoWk Plaintiff vs.. Charles Howard, /
Eleanor Howard Executrlx Of Sebra Howard de-
ceased. Eleanor Howard, ]. Montgomery, Seth
A. Abbey, Orlando Cutter administrator Of Nell
son Monroe deceased; Farley Sheldon, John
Johnson, Elijah Smith, W; ). carpenter n; 3
Carpenter, Ella R. Chittenden, Richard l. Chit
tenden, Orrin ]. Howard, and Emogene Z. how
The defendants in this case will take notice
that the plaintiff, has filed in said Court his petit
ton against the above named defendants, which
is in substance as follows: That on the
18th day Of November, A. D. 1861, the ONO
Insurance Company was a corporation To-
Gated and doing business at New Albany,
IN the State of Indiana, and by its act Of lncor-
poratiOn was invested with Banking Privileges,
and with the right to exact and take for the loan
Of money on notes, drafts and other securities, q
rate OF interest not exceeding ten per centum
per annum. That the said Ohio Insurance Com
pany IS in full legal eXistance, andls still invested
with the same rights, privileges, and powers
aforesaid, that on sad 18th day Of November,
1860, Sebra Howard and Charles Howard were
partners doing business under the name Of 5.
6. Howard. That on said 18th Of November
1860, said g. & G.. Howard with one ]. Mont
gomery, executed and delivered to said Ohio
Insurance Company their note for.
Two months after date to the order of c.. B.
ApIlegate Esq. Secretary, atthe Banking office
Of the Chic Insurance Company, New Albany.
PAYMENT on which note having been duly de-
handed, was not made nor has 1t since been paid,
nor any part thereof; that afterwards and dur
ing the life Of the said Sebra 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, an agreement
was entered into between said Ohio Insurance
Company and said s. & G. Howard, that il 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, and would
secure the paymant of said note by a 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
wears 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, a mortgage, of which, acopyi is attached
TO said petition, on the following described
tracts or lots ofland, situated in the villages of
| OImsted Falls and Middleburgh in the County Of
Cuyahoga and State of Ohio, and known as the
Large Howard Quarry, at Olmsted, with railroad
connecting it 10 the Cleveland & Toledo Railroad,
with the water power Of Rocky River thereon.
Also, the old homestead or residence of said
Towards, in said village, with about four and q
half acres Of 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,
q large quarry or Berea Stone, extending
from the Cleveland & Olumbus Railroad to six
rods above the dam Of the old saw mill, with all
the right to flow above. All said property Is de-
fnitely described in seven deeds to said Howard
by the following parties, viz one from Luther
Barnum and his wife Ann, one from Cyrus P.
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: LIST. Part Of section II. in Mid
oleburg 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
29o, East along the course of said river 4 A-lOC
chains to the Southeast corner; thence South
6l1, West 3 76-lOO chains thence North 1879,
West4 4G-l00 chains to stake; thence North sc,
East 2 59-l0O chains to the place OF beginning,
containing l S7-lOO acres, with the saw mill and
all the privileges thereof, reserVing the reser-
walton Of Clark GOss and Ashbel ButtOlph to
mass and re-pass with teams or otherWise. madc
in their deed to Sylvester r. Hays. I'd. Also,
another piece in said section, and on
menclng in the center OF the East branch o.
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 Go, Eass to the centre of the
Rsckport road, thence along the centre of the
road NOrtnerly Il rods, thence South Go, West
to the centre Of the river thence with the cen,
tire OF the river or East line Of the hrSt describ'
ed lot to the place Of beginning, supposed tC
contain l acre Of land and conveyed to Sebra s
; Howard by James GllIeth by decd in vol. 70, Guy,
ahOga Co. Records page GIL. Also, another pieeG
OflandIn section II, Middleburg, bounded as fol
lows; commencing at a point in the centre o
. Frontstreet, in the South line ofthe Right Of Wal
ofthe @. C. q G. Railroad, thence alongthe centre
Of said Front street to land owned by said Sc
bra Howard, being one acre Of land,) thence
South Go, West 10 the centre Of Rocky river
the East branch thereof, thence NoTth-Wester
along the centre Of said river 10 the south line
Of the Right Of Way Of the G. Q. & C. Railroad
thence along said South line to the place
Of beginning, containing about 5 acres O
land, and the same land conveyed by Wallace
and Warner to said Howard by deed IN Cuyahogg
Co. Records, vol; 81, PageS 43. 4th- Also, q part o
section "a, in Middleburg, bounded d as follows: be
ginning IN the centre OF the East branch Of Rock
river, on the section line between sections Il
and "a, thence South on said line to the
centre of the highway, thence North-Westerly il
the centre of the highway to the South line o.
the Right Of Way Of the C. C. 4 C. Railroad
thence Easterly along said South line
to the centre of Rocky uver; thence
SOUth-easterly along said river centre &c
the place OF beginning, containing, about
l acre. 9TH, Also, a part Of Lot Ne. 1, Tract
No. 5, in the township of Olmstead, and
boundedbeglnning at the Southwest corner Of
Lot I, thence East 8 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
centre Of said river to the place OF beginning,
cOhtaiaing ZOf 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 NAV deem best, by him
stone, &c, with the privilege ofspace Of loading
and unloading cars on the bank Also a reser-
/ NaLlQn Oh the privilege OF moving water BACK nn-
on the land as described in deed of John Barn
um to Peter Kidney, Oct. 10, 1885, recorded in
CuyhOga county Records, in vol. 70, page 615.
6. Also in Olmsted Falls village, in Olmsted
Township, and bounded as follows: Beginning
al a 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 OF
River street nOrtherly to the north line of tract
one thence east on said line to c. P. Dryden's
northwest corner; thence sOutherly to a hollow
maple tree, glazed and crossed thence south
erly to the northwest corner Of land sold by me
to Salin and c. c. Wright thence southerIy along
Saln a Wr1ghps west line to the place Of begin
ming, reserVtngH of an acre soldby 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. T. Also
another piece in Olmsted Falls village, known as
sub lots Sand SO in said village, s. Also another
piece in said village, and known as sub lot No. Sin
said village. These three parcels were conveyed
by LA. 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 lots Nos ninety-three, ninety-four,
ninety-ive, ,ninety-siI, ninety-seYen, ninety
eight, nlnety-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 SOLD OY L. A. HhImOu to th6 Junction Rail.
road company, 4 rods 'front.' by lOrods rear, sup
posed to contain about ~ acres Of land. Deed
TO Howard acknowledged June 10, 1852, and re-
corded In volume l20, page SO of Cuyahoga Coun-
ty Records. From the lots "a and IS, should be
excepted a part sold by Howard to Murphy May
z, 1850. See volume l04, page COO of said Records.
10. Also sub lots Nos. 4, 8, 6 and 7 in Olmsted
Falls village. II. Also in Olmsted Falls village,
the whole ofsub lot No. 81 and the north part OF
65 not before conveyed to A. Spaulding. Deed
from l.. A. Harmon, volume Is, page Sci. II. Al
so the following described piece Of land to be
used for railroad purposes, viz: Commencing
at poht one hundred and ninety feet north Of