Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-24
LEGAL NOTICES,
ME- STATE OF OHIO. CUYAHOGA

iaE CIA1E OE OdlO, ulAdO0A
County, S. s. In Court Of Common Pleas. |
Civil action for money and sale Of lands
George v. Howlz Plaintiff vs.. Charles Howard |
Eleanor Howard Executrix 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. s. Carpenter, n. S.
Carpenter, Ella r. Chittenden, Richard L. Chit
tenden, Orrn j. Howard, and EmOgene C. How
ard, defendants.
The defendants in this case Will take notice
that the plaintiff has fled 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. 1sGO, the Ohio
Insurance Company was a corporation To-
Gated and doing business at New Albany,
IN the State of Indiana, and by its act of incor-
poraton 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 in full legal existance, and still invested
with the same rights, privileges, and nd powers
1860, Sebra Howard and Charles Howard were
partners doing business under the name of S. &
| G. Howard That on said 18th OF November
1850, SAID S. G. Howard with one J. Mont
gOmery, executed and delivered to said OHIO
Insurance Company their note for.
$500 payable
Applegate Esq. Secretary, at the Banking Office
Of the Ohio Insurance Company, New Albany.
Payment on which note having been duly de-
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 5. q c. Howard, that if the
said s. c. Howard would pay interest at the
rate of ten per eentum per snnum, upon ssid
note, to said Ohio Insurance Company, and would
secure the paymant of said note by good and
sufficient mortgage upon real estate, the said
WOuld thnf
| of payment of said note one half for one year
| from said September 9th, and one half in two
! years 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, mortgage, Of which, copy is attached
! to said petition, on the following described
! tracts or lots ofland, situated in the villages Of
Olmsted Falls and MIddleburghin in the County Of
/ Cuyahoga and State Of Ohio, and known as the
Large Howard Quarry, at Olmsted, with railroad
connecting it to the Cleveland & Toledo Railroad,
with the water power Of Rocky River thereon.
/ Also, the old homestead or residence of said
H0Wards, in said village, with about four and a
| half acres Of ornamental and cultivated grounds
with out buildings and gardeners residence, now
| occupied by W. BeaGson Waring Also, the
| water power and lands at the village of Mid
| dleburgh, in said County, containing, also,
/ q large quarry Of Berea Stone, extending
| from the Cleveland Columbus 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 bis 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: lst- Part OF section II in Mid
! dleburg and bounded as follows: begin.
ming at the southeast corner of land former
| ly owned by Betsey Fairchid, in the centre of
the East branch OF Rocky river, thence South
29S, East along the course of said river 4 44-1OO
chains to the southeast corner; thence South
6l', West 76-lOO chains ; thence North 1879
| West4 46-lO0 chains to stake; thence North 81. .
East 59-lOO chains to the place OF beginning,
containing l 37-lO0 acres, with the saw mill and
all the privileges thereof, reserving the reser-
vation Of Clark GOss and Ashbe Buttolph to
pass aud re-pass with teams or otherwise, made
in their decd to Sylvester r. Hays. I'd. Also,
another piece IN said section, and on
the East side Of the above described lot com
mencing in the center of the East branch of
Rocky river, 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 6l', East to the centre of the
| ROckpOrt road, thence along the centre of the
road Northerly y rods, thence South Gle, West
to the centre Of the river; thence with the CEN
tre Of the river or East line Of the first describ-
ed lot to the place of beginning, supposed to
contain l acre Of land snd conveyed to Sebra s.
Howard by James Gilreth by deed in vol 70, Guy
ahOga Co. Records page Gil. Also, another piece
Ofland in section II, Middleburg, bounded as fol-
lows: commencing at point in the centre of
Front street, in the South line Ofthe Right Of Way
ofthe G. c. G. Railroad, thence along the centre
Of said Front street to land owned by said Sc
| bra Howard, (being one scre Of land,) thence
| South 6lS, West ta the centre of Rocky river,
| the East branch thereof, thence Northwestern rly
along the centre Of said river 10 the south line
| of the Right Of Way OF the c. c. & C. Railroad
| thence alOng said South line to the place
of beginning containing about acres Of
land, and the same land conveyed by Wallace
and WarnertO to said Howard by deed in Cuyahoga
Co. Records, vol 50, page 343. 4th. Also part Of
! section q, in MiddebuTg, bounded as follows: be-
ginning in the centre Of the East branch Of Rocky
river, on the section line between sections Il
| and p, thence South on said line te the
! centre Of the highway, thence North-Westerly in
the centre of the highway to the South line of
| the Right of Way of the G. @. & c. Railroad
| thence Easterly along said South line
to the centre of Rocky rver thence
| South-easterly along said river centre to
the place OF beginning, containing, about
l acre. 5th, Also, part Of Lot No. 1, Tract
| No. 8, in the township Of Olmstead, and
| boundedbegnnng at the Southwest corner of
| Lot l, thence East 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
! e9ntre Of said river to the place OF beginning,
/ cOhtalaing = of 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 may deem best, by him
or his assigns to be used for the transit Oflumber
stone, &c, with the privilege Ofspaee Of loading
and unloading cars on the bank. Also reser-
TatlOn Of the privilege Of flowing water back up-
on the land as described in deed of John Barn
UNI TO Peter Kidney, Oct. TO- 1895, recorded in
| Cuyhoga county Records, in vol 7S page 6I5
6. Also in Olmsted Falls village, in Oimsted
Township, and bounded as follows: Beginning
at point on Bridge street. rods west of the
southwest corner OF 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 corneri thence southerly to a hollow
maple tree, glazed and crossed thence south
erly to the northwest corner Of land sold by me
to Sain and O. C. Wright thence southerly along
Saln Wrighrs west line to the place Of begin
ming, reservtng z Of an acre sold by said Harmon
to the Junction Railroad Company IN the south
east corner OF the land here conveyed being
rods on Bridge street and ten rods deep. 7. Also
another piece in Olmsted Falls village, known as
sub lots 52and SO in said village. 5. Also another
piece in said village, and known as sub lot No. Sin
sald village. These three parcels were conveyed
by L. A. Harmon to Howard. See vol. so, page 495
OF Cuyahoga Co. Records. o. Alse in the village
OF Olmsted Falls, and intending to describe and
convey town lots Nos. ninety-three, ninety-four.
ninety-hVe, ninety-six, ninety-seyen, ninety-
eight, nety mine and one hundred, and so much
oi Howard street as was conveyed in q former
deed to said Howard by said Harmon, excepting
and reserving theTefrOm alot with house there
on sold by l.. A. Harmon to the Junction Rail- |
road Company, rods front by 10 rods rear, sup
posed to contain about ~ acres of land. Deed
to Howard acknowledged June 10, 1852, and re-
corded IN volume 100, page 36 of Cuyahoga Couu-
~ hecOrds. From the lots 81 and g5, should be
excepted part sold by Howard to Murphy Nav
Z, lsGO. See volume l04, page COS of said Records
l1. Ai50 eab lsts No. 4, :, o eild 7 la OlliIstel
Falls village. IL. Also in Olmsted Falls VILLAGE
the whole ofsub lot No. 81 and the north part Of
% not before conveyed to A. Spaulding. Deed
from L. A. Harmon, volume 73, page GIL. u. Al
so the following described piece Of land to be
used FOR railroad purposes, viz: Commencing
at point one hundred and ninety feet north Of
the center Of the Cleveland & Toledo Railroad
track thence westerly along said track eurving
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