Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-22
-EE0AL NOTICES.
me sTATE OF OHIO, CUYAHOaA

TNHE STATE OF OHIO, CUHAHOdA
County, s. s.. In Court Of Common Pleas.
Civil action for money end sale Of lands.
George v. HoWk Plaintiff rs. Charles Howard,
Eleanor Howard xeeutriE Of SebTa 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. ).
Carpenter, Ella R. C~hittenden, Richard l. Chit
tenden, Orrin J. Howard, and Emogene G. How
ard, defendants.
THE defendants in this case will take notice
that the plaintiff, has fled in said Court his Pen-
ton against the above named defendants, Whlch
is in substance as follows; That on the
18th day of November, A. D.. 1850, 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 neor-
poration was invested with Banking Privileges,
and with the rightto exact and take for the loan
of money on notes, drafts and other securities, .
rate OF interest not exceeding ten per eentum
per 6nnum. That the said Ohio Insurance Com
pany Is in full legal eUstanee, andis still Invested
With the same rights, privileges and powers
aforesaid. that on sad 18th day of November,
1850, Sebra Howard and Charles Howard were
partners doing business under the name of s. I
Q. Howard. That on said 18th OF November
1860, said 8. & C. 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.
Apologize 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 it sipce been paid,
nor any part thereof; that afterwards and dur
ing the fife of the said Sebra Howard, to wit
/ on the 9th day Of September, 1861, said note
being due and the said S. & c. Howard wishinga
further extension OF the same, an agreement
was entered into between said Ohio Insurance
Company and said S.. & G.. Toward, that if the
said 8. 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 sand note one half for one year
from said September 9th, and one half In two
years from said 9th day of September 1851:
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, acOpyis attached
to said petition, on the following described
tracts or lots ofland, situated in the villages Of
Olmsted Falls and MiddleburRh 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
Towards, in said village, with about four and a
half acres Of Ornamental and cultivated grounds,
with out buildings and gardeners residence, now
/ occupied by ". Beatson Waring. Also, the
water power and lands at the village Of Mid
dleburgh, in said County, containing, also,
a large quarry Of Berea Stone, extending
from the Cleveland & Columbus Railroad to SIX
rods above the dam Of the old saw mill, with all
Il EAb AEAHN " Y 9AoNGs All haAA RA0RGAkI AbAN-
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 frOmsG ilruth
and four from Lester A.. Harmon, all Of said
/ deeds are recorded in the Office Of Records for
Cuyshoga at Cleveland Ohio.'
Said lands being more particularly described
as follows: list. Part Of section II. in Mid
dleburg and bounded as follows: begin
ming at the southeast corner of land former
ly owned BY Betsey Fairchild, in the centre OF
I #ha EnnN hramah 81 DnaHu wfuaw Ill.,, ZlnHk
299, East along the course Of said river 4 A-1OJ
chains to The southeast cOrnerS thence South
6lsi Vests T6-lO0 chains thence North I3Ls
II West4 46-IOO chains to stakes thence North 6lF,
East 2 5s-1OO chains to the place OF beginning,
containing I 37-10O acres, with the saw mill and
all the privileges thereof, reserving the reser-
walton of Clark GOss and Ashbel ButtOlph to
pass aud re-pass with teams or otherwise, made
in their deed to Sylvester r. Hays. I'd. Also,
another piece IN said section, and on
1.-The East side or the above described lot com
meneing in the center of the East branch OF
Rocky river, s rods above the mill dam, being
the Northwest corner Of three acre lot deed
t ed by Jonathan Vaughn to Abraham S. Under
hill hence North &c, EasttO the centre of the
Reckport road, thence along the centre Of the
/ road NOrtherly Il rods, thence South 6le, West
to- he 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 to
contain I acre Of land and conveyed to Sebra s.
4 Howard by James Gilioth BY decd in vol. 70, Guy
Rhoga Co. Records page GIL. Also, another piece
VI 1-A~@-NE1A6f eNLAAA 80 va
lows: commencing at a point in the centre Of
: Frontstreet, in the South line ofthe Right OfWay
. ofthe &C. & c. Railroad, thence alOngthe centre
: lof said Front street to land owned by said Sc
! bra Howard, (being one acre Of land,) thence
I South Glo, West TO the centre of Rocky river
the East branch thereof, thence NORTHWESTERN
: along the centre Of said river to the south line
Z of the Right of Way of the G. G. & O. Railroad
, thence along said South line to the place
Of beginning containing about 8 acres o
land, and the same land conveyed by Wallace
I and Warner tn said H0yrnrA nv nnaH IN IuwahOUn
: Co. Records, vol. 50, page343 4th. Also, a part OF
: section p, in MIddleburg, bounded as follows. be.
ginning in the centre of the East branch Of Rocky
river, on the section line between sections u
and "a, thence South on said line to the
centre Ofthe highway, thence No~rth-westerly IN
the centre Of the highway to the South line OF
the Right Of Way Of the G. C. & C. Railroad,
thence Easteriy along said South line
to the centre Of Rocky rTeri thence
SOuth-easterly along said river centre to
the place of beginning, containing, about
! acre. 9th, Also, q part OF Lot Mo- l, Tract
No. 8, in the township Of Olmstead and
bOUndedbeglnning at the Southwest corner OF
Lot !, thence East Srods, thence North running
at an average offs rods from the centre Of said
river the distance Of Is rods, thence West STOds
to the centre Of said river, thence along the
csntTe Of said river to the place Of beginning,
containing Aof an acre of land, subject to the
right Of said Barnum and his ssign 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 fOrthe transit Oflumber,
stone, &C., with the privilege ofspaoe Of loading
and unloading cars on the bank. Also q reser-
vatlon OF the privilege Of flowing water back up
on the land as described in deed Of John Barn
UNI TO Peter Kidney, Oct. 10, 1885, recorded in
CuyhOga county Records, in vol. 7s, page 6I5.
g. Also in 0lmsted Falls village, IN Olmsted
Township, and bounded SIS follows; Beginning
at a point on Bridge street, 4 rods west of the
southwest corner of q 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 tn e. y IrVdnn'a
northwest corner; thence eOutherly to a hollow
maple tree, glazed and crossed ; thence south
erly 70 the northwest corner OF land sold BY me
to Salln right thence sOutherly along
Salin 4 Wrlghts west line to the place Of begin
ming, reservtngH of an acre sold by 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. z. Also
another piece in Olmsted Falls village, known as
sub lots 52and53 in said village. 8. Also another
piece in said village, and known as sublOt No. Sin
said village. These three parcels were conveyed
by LA. Harmon to Howard. See vol. 90, page 1875
OF CuyahOga Co. Records. g.. Alse in the village
Of Olmsted Falls, and intending to describe and
cOnTeytOWnl lots Nos nlnety-three, nineJy-fOur,
hinety-hve, ninety-six, ninety-seYen, ninety
eight, II nety-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 TeserVlng therelrOm alOt with a house there
on sold by L. A. Harmon to the junction Rail-
road Company, 1 rods front by 10 rods rear, sup
posed to contain about "A acres Of land. Deed
to Howard acknowledged June 10, 1852, and re-
corded in volume 100, page SO of Cuyahoga Coun-
ty Records. From the lots "a and 95, should be
excepted a part sold by Howard to Murphy May
Z 1860. See volume 104, page COS Of said Records.
10. Also sub lots Nos. A. s, 6 and 7 in 0lmsted
Falls village. II. Also in Olmsted Falls village,
the whole Ofsub lot No. o. and the north part Of
50 not before conveyed to A. Spaulding. Deed
from h. A. Harmon, volume 70, page GIL. II. Al
80 the following described piece Of land to be
used for railroad purposes, viz: Commencing
al a point one hundred and ninety feet north Of
/ the center OF the Cleveland = TOIadn RaIr0nd
track; thence westerly along said track eurVing
northwardlyatthe rate Of ten degrees to the hun
dred feet, (said curved line being indicated by
stakes set at intervals Ofhfty feet D thence south
along the west line Of Dryden's land to the CEN
ter OF said railroad track thence eastWardly
| hLnnnLhe north line nreail tranE To the nlana Of