Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-20

March, A. d. 1868. E.k. PERKINS,
Administrator de bOnis non
Of estate Of Reuben a. Blackmer.
Cleveland. Feb. 5, 1868. fsb6.42s
IN COMMON PLEAS, CUYAHOGA
County, Ohio.-For money and sale of lands.
Daniel H. Fitzhugh, Ephraim Cone and Walter
Ayrault, deceased, plaintiffs, vs.. Ellery G. Will
liams, Henry Chamberln, Henry W. Clark, John
Z. Cary, HoratiO n. Ward, Harriet E. WaId Reu-
ben Hitchcock, John P. Wheeler, Lathrop W Da-
Wis, James 5. Wadsworth, John M. Armstrong, re-
| eeiver Of the Canal Bank Of Cleveland, +. N.
Isett, William C. Brewster, Charles L. Camp,
The City Bank OF Cleveland, The Cleveland and
MahOning Railroad Company, Edward Wade,
The Qulmeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank Of Wheeling,
Henry Il. Bowen, Theodore McNamee, Samuel
P. Holmes, Horace Foote, James P. Mellen, Hen
ry l.. Stone, Defendants.
Any ofthe said defendants who have not been
served with process will take notice that on the
9th day Of December, 1885, Allen Ayrault, then in
full life but now deceased, and ofwhom plaintiffs
are Executors, filed his petition in the above
named Court, which petition sets forth in sub
stance
Ist That about April Sd, 1854, the defendants,
Williams and Chamberlin, for valuable eonside-
ration advanced to them by said Allen Ayrault at
| Geneseo, in the State ofNew York, delivered to
said Ayrault their joint and several note, dated
on said Sd day of April, payable months after
date, to the order Of Norman Chappell at the
Metropolitan Bank, New York, for $1,000 90 with
interest," which was duly indorsed by said Chap
| pell to SAID Allen Ayrault. That about July 8,
1854, at GeneseO aforesaid, said Ayrault still be-
ing holder Of said note, at instance of said E. G.
Williams and Chamberlin received in substitu-
ton for said note, the Joint and several note of
| said Williams Chamberlin, Henry W. Clark and
John E Carey, bearing date at said GeneseO, July
8, 1854, payable January Sd, 1856 to the order Of
said Ayraultat the Metropolitan Bank, New York,
for So, 900 w with interest annually, and that by
/ the law OF the State of New York, he is entitled
to recover at the rate Of seven per cent interest
! per aunum on the same, and there is due on the
same s. 800 % with interest at seven per cent. to
/ be computed as aforesaid, from July ., 1850, Tor
/ which plaintiffs ask judgment.
2. That about July 8, 1851, at said GeneseO said
E. G. Williams and Chanberlin, for value received,
| delivered to SAID Agrault another joint and sew
| eral note, executed by said Williams, Chamber
lin, Clark and Carey, payable to the order of said
Avrault July l, 1856, at SAID Metropolitan Bank,
| for $4,000 % with interest annually, the rate ef
| interest in the State of New York then and there
| being seven per centum per annum that said
/ note is wholly unpaid and there is due to said
| Ayrault on the same, the sum Of $1,000 with an
nua interest thereon from July ., 1855, at the rate
| Of 7 per cent per annum-ior which plaintiffs ask
| Judgment.
81. That on said 9th day of July, 1854, at said
! Geneseo, said Williams 4 Chamberlain, for the
| purpose, among other things Of securing the
! payment OF said notes, dehYered to said Allen
| AyrauIt q mortgage deed bearing date July 3,
] 1854, and executed on that date by said Elery G..
! Williams and Caroline NJ. Williams his wife (Who
| has since deeeased) upon the following described
| premises to wit one equal, undivided halfln com
mon of the following described tract OF land SIT
| uate in the township Of NewberghY being number
1 seven IN kllc 42kl Dl LOW A94-
nectcut Western Reserve, in the State Of Ohio,
| and whIchis also ia the county OfCuyohoga and IS
| known as being part Of 100 acre lot No. 533, and
| Is bounded as follows; On the east nOrth ana
west by the original lines Of said lot, and on the
south by the center of the Edwards road $50 call
| ed, excepting right OF way 20 feet in width on
| each side of the center OF the Cleveland and
| Pittsburgh Railroad track as now lald, SAID un-
divided = containing 80 94-lOU acres Ofland. Also
the whole ofthe following described lots, situat-
| ed in the city OF Cleveland, county and State
| aforesaid, to WIT: Sub lot No. 46 IN the Charles
Taylor farm, $50 called) situated on Detroit street,
being 10 feet 'front.' by $50 feet deep, and sub-lot
| No Is in block No. 2, Of Baldwin Seymour 5
! subdivision of 10 acre lots 81 and 81 on Hunting
ton street, beng so feet front by l2O feet deep
| which said mortgage was, on the 10th day OF Ju-
ly, 1854, at 81 o'clock A. NJ, duly delivered for
| record to the Recorder of said Cuyahoga county
| and by him duly recorded Onthe lOth day OF tAu-
| gust A. D. 1854, in CuYahOga county records, vol.
IA, pages 426-7-S-al OF which premises the plain
tiff claim the right to sell by virtue of said mort
| page on account Of the failure to pay the notes
| aiOrezaid-to pay the amount due on said notes.
! SAID Ayrault further sets forth in said petition
that said defendants, Hitchcock, Wheeler, DAVIS,
| WadsWOrth, Armstrong, Receiver Jettsi Brew
| ster Camp, The City Bank of Cleveland, The
| Cleveland & MahOuing Railroad Company, Wadei
/ The Quimeipiac Bank, Isaac Adams Jr.s The
Merchants and Mechanics Bank OF wheeling
| Bowen, McNamee, Holmes and stone have or
| pretend to have, some claim by way Of deed or
| mortgage, byWay of Judgment heni upon SAID
| premises in said mOrtage described or upon
liens or conveyances, ifany there be, are inferior
and subordinate to that of said Ayrault. The said
Ayrault further sets forth that sad defendant,
| Harriet E. Ward, who is the wife Of said Horatlo
n Ward, heretofore held mortgage upon said
| premises, or a part thereof to secure the pay
| ment of the sum OFFS 900 90, which mortgage Is
vet uncancelled Of record, but as the sum to Sc
cure the payment Of which said mortgage was
| given, fell due on the first day Of March, A. u.
| 1857, he charges that the same has been fuily
paid
said Ayrault therefore asks that an account
NAV be taken Of the amount due him from said
defendants, Clark, Williams, Chamberlain, Carey
that they may be ordered to pay the same with
in some short period to be fixed by the Court IN
that behalf and that upon their failure 50 to pay
the same, said premises in said mortgage de-
| scribed, be ordered to be sold as upon gments
at law and that the proceeds Of such sale be
applied to the payment of the amount found due
10 the said Ayrault, and that he may have such
other and further reiefin the premises as may
be Just and equitable.
The defendants, not served with process, viii
answer said petition by the 2lst day Of March,
1853, or the matters alleged in said petition VIII
be taken as true, and judgment rendered as
prayed for in said petition. -
RANNEY, BACKUS 4 NOBLE,
January 9th, 1858. Plf's Att'ys.
jan29:450