Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-29

ss. sale OF lands. :
Franklin T. Back6s, Prf,
| against.
EVELYN 4. wilcox, Cath r.r
| arine Wilcox, Henry @.
Burtmsn, Joshua J. Nc.
| Clintock and Edward
Whpple, defendants.
| n 'HE defendants who have not received
| notice by service of summons herein, viz !:
| Henry G. Burtman and Edward Whipple will
take notice that on the 18th day Of September,
| A. D. 1868, the plaintiff FLED his petition in the
| Court above mentioned for said County against
| the above named defendants, setting forth there
| in that the defendant Evelyn II. Wilcox on the
/ 10th day of November 1861, executed and deliY-
| cred to the defendant McClintoek his Eve prom
| isory notes, one for Sl57, payable June lst,
lse2 one for 500. payable November 1st, 1s62
one ier 49, payable November Ist' lSoSi one ior
/ $50, payable November 1st, 1864, and one for
500 payable November 1st, 1865, all bearing in
terest from the date thereof; that to secure the
| pay Inent Of these notes said defendants Evelyn
II. Wilcox and CAtharine Wilcox, wife OF said
Evelyn II. executed November 10th, 1851, q
mortgage deed to said McClintock, which is re-
corded in Cuyahogs County Records, Vol. 1l6,
page 4S4 according to the terms Of which mort
/ gage deed, said Evelyn Il. Wilcox and his wife
Catharlne conveyed 70 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,
/ bounded north, south and east by the line OF
said lot and west by ten acres Of land in said lot
| heretofore decided BY James BerdRn and wife TO
| Sylvester ). Smith, containing forty three and
one-hundredth acres Of land; the condition OF
which mortgags dse1 was such, that, whereas
said Evelyn b. Wilcox did execute and deliver
as Aforesaid his said i've promisory notes 70 said
| McClintock, if said Evelyn Il. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said MeClintock, his heirs or assigns,
then ssid mortgage deed sheuld be void but
otherwise remain in full force and virtue T; and
| furthermore, that all Of said notes, except the
one for $l67, payable June 1st, 1862, were duly
assigned by said McClintock 20 the Plaintiff who
still holds them that Of said nc tes so assigned,
the one for $500, payable November lst, 1862
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 70
the best Of plaintiff knowledge and beliefnO in
terest therein OF any validity that to the best Of
plaintiffs knowledge and belief, the note for
3l0I above 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 McClintock and others by the
Court Of Common Pleas within and for said
County md State in the May term of said Court,
A. d. 1853 for S421 96-100, sportion Of which re-
mains unpaid and the judgment to that extent
unsatshed, but that plaintiff being ignorant
WHISTLER said Whipple and McOlintock have at
this time any subsisting lien upon said prems-
es, demands proof of the same; said petition
Therefore asks that account be taken of the
smount due plaintiff, his mortgage foreclosed,
tbs prtor1ties of lien determined, the said lands
and tenements ordered to be sold, the proceeds
or go much thereofas may be necessary, applied
to the payment of his debt, and that he may
have such other and further relief in the premis-
es as he is in equity entitled to claim.
Said defendants, Burtman and Whipple, are
hereby notified that they are required to appear
and SnsHer said petition on or before the third
Saturday utter the 9th day OF November, A. D.,
BACKUs. 4 NOZZLE