Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-15
LEeAL NOTICES.
nHF STATE OF OHIO. CUYAHOGA

Civil action Tor money and sale of lands.
George v. HowkP lainti vs.. Charles Howard,
Eleanor Howard Executr1x Of Sebra Howard de-
ceased ; Eleanor Howard, J. Montgomery, Seth
A.. Abbey, Orlando Cutter administrator Of Nell
son Monroe deceased; Farley Sheldon, John
johnson, Elijah Smith, W. 5. Carpenter, n. 8.
Csrpenter, Ella r. Chittenden, Richard L. Chit
tendon, Orrn J. Howard, and Emogene Q. How
ard, defendants.
that the plaintiff, has fled in said Court his ped-
ton against the above named defendants, which
ia in substance as follows: That on the
18th day Of November, A. 1850, 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 seeuritlesra
rate of interest not exceeding ten per centum
per annum. That the said Ohio Insurance Com
panv rs in full legal existanee, Rndis still invested
with the same rights privileges, and powers
1850, Sebra Howard and Charles Howard were
partners doing business under the name Of s..
g. Howard. That on said 18th Of November
1850, smd s. &C Howard with one j. Mont
eomery, executed and delivered to said Ohio
Insurance Company their note for.
Two months after date to the order Of c. B.
Applepate ESQ. Secretary, atthe Banking office
Of the Ohio Insurance Company, New Albany. |
Payment on which note having been duly de-
] manded, was not made nor has ltslnee been paid
/ nor any part thereof; that afterwards and our
| mo the life of the said Sebra Howard, TO Wit:
on the 9th day Of September, 1861, said note
being due and the said 5. a C. HowardwIshInga
| further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said S.& 9. Howard, that u the
said 5. sc. Howard would pay interest st 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 27th, and one half in two
years from said eth 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, acopy is attached
to said petition, on the following described
tracts or lots ofland, situated in the villages OF
Olmsted Falls and Mlddle6urgh me County OF
CuyahOga and State OF Ono, and known as the
Large Howard Quarrv, at Olmsted, with railroad
connecting il to the Cleveland & Toledo Railroad,
with the water power Of Rocky River thereon
Also, the old homestead or residence Of said
Howards, ID said village, with about four and a
half acres Of Ornamental and cultivated grounds,
with out buildings and gardeners residence now
occupied by W. Beatson Warng. Also, the
water power and lands at the village OF Mid
dleburgh, IN said County, containing, also,
a large quarry OF Beres Stone, extending
from Tne Cleveland / Columbus Railroad TO six
= rods above the dam Of the old saw mill, with all
l the right TO How above. All said property sde-
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 or said
n, deeds are recorded in the Office Of Records for
Cuyahoga at Cleveland Ohio"
Said lands being more particularly described
as follows: lst. Part Of section II. in Mid
1 dleburg and bounded as follows: begin
f ming at the southeast corner Of land former
: " owned by Betsey Fairchild, in the centre OF
? the East branch Of Rocky uyer, thence South
4 29e, East along the course Of said river 4 4-lOC
: chains to the Southeast corner; thence South
6Ie, West 76-1OO chains thence North 1879
> I Ut Hs I'M 1InTrg 70 -#nN-a= #hamaa NnwHh rTn
7 East . 5000 chains to the place of beginning
containing 1 37-lO0 acres, with the saw mill and
: all the privileges thereof reservlng the reser-
walton Of Clark Goss and Ashbel Buttolph to
II pass aud re-pass with teams or otherwise, made
in their deed to Sylvester +. Hays. ID Also
another piece in said section, and on
4 the East side Of the above described lot com
mencing in the center Of the East branch Of
. Rocky river, G rods above the mill dam, being
. the Northwest corner Of a three acre lot deed
e ed by Jonathan Vaughn to Abraham ). Under
3 hill thence North 6l9, EasttO the centre Of the
Reckport road, thence along the centre Of the
o road Northerly Y rods, thence South Gle, West
q 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 tC
e contain l acre of land and conveyed to Sebra S
a Howard by James Gilreth by deed in vol ~, Guy
4 ahoga Co. Records page Gil. Also, another piece
a ofland in section II, Middleburg, boundeda as fol
lows; commencing at a point IN the centre 0
Front street, in the SOut5 line Ofthe Right Of WA
ofthe {. @. 4 c. Railroad, thence alOngthe centri
Of said Front street to land owned by said Sc
bra Howard, (belng one acre Of land,) thence
South Go, West to the centre Of Rocky river
the East branch thereof, thence Northwestern
along the centre Of said river to the south line
Of the Right Of Way of the G. C.. c. Railroad
Il thence along said South line to the place
+ Of beginning, containing about 5 acres Q
sr land, and the same land conveyed by Wallace
and Warnerto said Howard by deed m Cuyahogi
10 Co. Records, vol. 81, page 33- Ah. Also, a part Q
section "a. in Madeleine, bounded rs follows: be
N ginning in the centre Of the East branch of Rock,
river, on the section line between sections l
m and "a, thence South on said line ts tn
rs centre OF the highway, thence North-westerlyi il
: the centre Of the highway to the South line o
~ the Right Of Way Of the C.. C. h c.. Railroad
4 thence Easterly along said South lin
IA South-easterly along said river centre T.
Is the place Of beginning, containing, abou
l acre. 9th, Also, a part Of Lot No. ! Trsc
ID No. 5, in the township Of Olmstead, AM
bOundedbeglnning at the Southwest corner o
m Lot /, theace East 8 rods, thence North running
at an average offs rods from the centre of salt
river the distance Of Is rods, thence West s rod
to the centre of said river, thence along tn
c5ntre of said river to the place Of beginning
cohtaiaing Aof an acre Of land, subject to tn,
right fsaid Barnum and his assigns to construc
a road way from the bed of tho river to sucl
:. point on the bank as he may deem best, by hin
X or his assigns to be used forth transit oflumber
N stone, &c, with the privilege OfsBace of loadinl
u and unloading cars on the bank Also a reser
OF walton Of the privilege Of flowing water back up
ct on the land as described in deed of John Barn
= um to Peter Kidney, Get. 10, 1885, recorded il
Is CuYhOga county Records, in vol. Is, page 6l5
6. Also in OlmSted Falls village, in Olmstet
te Township, and bounded 6s follows Beginning
a, at a point on Bridge street, 4 rods west Of TIL
4, southwest corner Of a lot sold by me to A. W
D. Sabin; thence west along Bridge street TO tn
center of River street, thence IN the center 9
k River street nOrtherly TO the north line Of trac
u one thence east on said line to c. P. Dryden
id northwest corner; thence eOutherly to q hOllOS
3, maple tree, glazed and crossed thence south
e erly to the northwest corner OF land sold by m
Ig TO Salina and &C Wright; thence southerly alon
ct Salin Il Wrighps west line to the place ofbegin
ct ming, reservtng = of an acre sold by said Harmon
to the Junction Railroad Company IN the south
5, east corner of the land here conveyed, being
N rods on Bridge street and ten rods deep. Z. Ais
another piece in Olmsted Falls village, known a
le sub lots 52and SO in said village. 5. Also anothe
TT piece in said village, and known as sublOt No. 81
in said village. These three parcels were conveys
st by l.. A. Harmonic Howard. See vol. so, page 40
ID OF CuyahOga Co. Records. 9. Alse IN the vllag
n of Olnlsted Falls, and intending TO describe an
L, convey town lots Nos. ninety-three, ninety-fOul
Il ninety-hye, ninety-six, ninety-seven, ninety
y, eight, nlnety-nine and one hundred, and so niue
Of Of Howard street as vas conveyed in = forme
he deed to said HOward'by said Harmon, exceptlp
and reserYing therefrom alOt with a house there
st on sold by J.. A. Harmon TO the Junction Ran
id road company 4rOds front by lOrOds rear, SUP
T.. posed to conts8n about AZ acres OF land. Dee
al to Howard acknowledged June 10, 1852, and re
in corded in volume 100, page sc of CuyahOga COuI
he ty Records. From the lots 81 and 95, should b
excepted n part sold by Howard to Murphy Ma
7, 1850. See volume lO4, page COS of said Record:
10. Also sub lots Nos. 4, 8, G and 7 in O'mste
- Falls village. Il. Also in Olmsted Falls village
the whole ofsub lot No. 81 and the north part
+, 55 not before conveyed to A. Spaulding. Dee
= from L. A. Harmon, volume %, page GIL. u. A
= so the following described piece of land TO b
- used for railroad purposes, viz: Commencin
or at a point one hundred and ninety feet north
e. the center Of the Cleveland q Toledo Railroa
lg track thence westerly along said track curvin
3, n~orthwardly atthe rate Of ten degrees to the huI
bred feet, (said curved line being indicated b
stakes set at intervals offfty feet , thence scout
p along the west line of DTyden's land to the Ger
/ ter Of said railroad track; thence eastward
iE along the north line of said track to the place
= beginning. Said piece or parcel ofland may II
vert to the said Q. P. Dryden by his paying tn