Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-28
LEGAL NOTICES.
UEE STATE OF ONO. CUYAHOGA

D.
A. Abbey, Orlando Cutter administrator of Nell
son Monroe deceased; Farley Sheldon, John |
johnson, Elijah Smith, W. S. Carpenter, n; ;.
Carpenter, Ella R. Chittenden, Richard l. Chit |
tenden, Orrin j. Howard, and EmOgene q. How
ard, defendants.
thqt the plaintiff has fled in said Court his petl-
tioL against the above named defendants, when |
is in substance as follows: That on the
18th day of November, A. D. 1850, the Ono
Insurance Company was corporation 10
IN the State of Indiana, and by its act Of lneor-
poraton was invested with Banking Privileges
and with the right to exact and take Tor the loan
of money notes, drafts and other securities, a
rate of interest not exceeding ten per centum
| per annum. That the said Ohio Insurance Com,
pany Is in full legal existance, and still invested
/ with the same rights, privileges, and powers
/ aforesaid that on said 18th day Of November,
| lsGO, Sebra Howard and Charles Howard were
] partners doing business under the name Of 3 q
| c. Howard. That on said 18th OF November
| 1880 said S. & C. Howard with one j. Mont
| gOmery, executed and delivered to said Ohio
Insurance Company their note for
Two months after date to the order of G. B.
! Applegste 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 since 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. 4 g. Howard W1shlnga
| further extension Of the same, an agreement
was entered into between said Ohio Insurance
| COMPANY and said s. & @. Howard, that if the
| said S. & c. Howard would pay interest at the
| rate Of ten per centum per annum, upon sad
| note, to said Ohio Insurance Company, and would
! secure the paymant Of SAID note by good and
| sufficient mortgage upon real estate, the sad
Ohio Insurance Company would extend the time
of payment Of said note one half for one year
| from said September 9th, and one half in two
/ wears 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, a mortgage, (which, a copyis attached
to said petition, the following described
tracts or lots Ofland, situated in the villages Of
| Olmsted Falls and Mlddleburghin 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
HOWards, in said village, with about four and
| half acres of ornamental and cultivated grounds,
with out buildings and gardeners residence, now
occupied by W. BeatsOn WaTing. 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
the right to flow above. All said property is de-
| fnitely described in seven deeds to said Howard
by thR fnllnFiQG 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 Of said
| deeds are recorded in the Office of Records for
| Cuyahoga at Cleveland Ohio"
| Said lands being more particularly described
as follows: 1st. Part Of section II. in Mid
| dleburg and bounded as follows: begin
f ming at the southeast corner Of land former
/ ly owned by Betsey Fairchild, in the centre OF
. the East branch OF Rocky river, thence South
29s, East along the course of said river 44-lOO
chains to the Southeast corner; thence South
6la, West 76-lO0 chains thence North 1879,
WestA 46-1OO chains 20 stake; thence North 6I",
, East 59-lOO chains to the place OF beginning,
containing 37-lOO acres, with the saw mill and
all the privileges thereof, reserving the reser-
vation of Clark Goss and Ashbel Buttolph to
pass aud re-pass with teams or otherwise, made
: in their deed to Sylvester R. Hays. ID. Also,
the East side Of the above described lot com
mencing in the center Of the East branch of
I | Rocky river, s rods above the mill dam, being
: the Northwest corner of a three acre lot deed
1 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 Il rods, thence South 6lo West
tTe OF the river East line Of the first descrb-
| ed lot to the place of beginning, supposed to
contain l acre Of land and conveyed TO Sebra S.
Howard by James Gllreth By deed in vol 70, Guy
Rhogn Co. Records page GIL. Also, another piece
ofland in section II, Niddleburg bounded as fol-
lows; commencing st point in the centre OF
Front street, in the South line Ofthe Right of Way
Ofthe c. G. & c. Railroad, thence along the centre
of said Front street to land owned by said Sc
, bra Howard, (being one acre Of land,) thence
South 6l', West TO the centre Of Rocky river,
the East branch thereof, thence North westerly
I along the centre of said river TO 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 5 acres oi
land, and the same land conveyed by Wallace
and Warnerto said Howard by deed in Cuyahoga
Co. Records, vol. 81, page343 4th. Also, part OF
section "a, in MiddlebuTg, bounded as follows: be-
ginning in the centre Of the East branch of Rocky
river, on the section line between sections Il
and "a, thence South on said line te the
centre Of the highway thence North-Westerly in
l the centre Of the highway to the South line OF
the Right Of Way Of the G. G. & @. Railroad,
thence Easterly along said South line
South-easterly along said river centre to
the place Of beginning, containing, about
acre. 9th, Also, part Of Lot No. l, Tract
No. ;, in the township Of Olmstead, and
bOundedbeglnning at the Southwest corner of
Lot !, thence East rods, thence North running
at an average offs rods from the centre of said
river the distance Of 10 rods, thence West rods
to the centre of said river, thence along the
esntre of said river to the place OF beginning,
| eohtaialng q 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 oflumbeT
stone, &C, with the privilege ofspace of loading
and unloading cars on the bank. Also reser-
| Vation Of the privilege Of flowing water back up
on the land as described in deed of John Barn
um to Peter Kidney, Oct. 10, 1885, recorded in
| Cuyhoga county Records, in vol. T8 page 6l5
g. Also in Olmsted Falls village, in Olfnsted
Township, and bounded as follows Beginning
I q Z
southwest corner Of 4 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 corner; thence southerly to a hollow
maple tree, glazed and crossed thence south
! erly to the northwest corner of land sold by me
to Salin and O. C. Wright; thence southerly along
Salin Wrighps west line to the place OF begin
ming, reservtng 4 Of an acre sold by said Harmon
to the junction Railroad Company IN the south
n harn rrod baf,,. A
rods on Bridge street and ten rods deep. z Also
| another piece in Olmsted Falls village, known as
sub lots 81 and 50 in said village 5. Also another
piece IN SAID village, and known as sublot No in
| said village. These three parcels were conveyed
by L. A. Harmon to Howard. See vol. so, page 495
| Of Cuyahoga Co. Records. 0. AlsO 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 n.nety-nine and one hundred, and so much
Of Howard street as was conveyed in former
deed to said Howard by said Harmon, excepting
| and reserving therefrOm a lot Witha 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 120, page Sc of Cuyahoga Coun-
1 ty Records. From the lots % and 95, should be
excepted part sold by Howard to Murphy May
T. 1850. See volume l04, page COS of said Records.
~. Also sub lots Nos. 4, s, 6 and in Olmsted
Falls village: II. Also in Olmsted Falls village,
the whole Of sub lot No. "a and the north part of
! 50 not before conveyed to A. Spaulding. Deed
from L. A; Harmon, volume 79, page 621. 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
1 the center Of the Cleveland & Toledo Railroad
| track; thence westerly along said track curving
northWardly atthe rate OF ten degrees to the hun
| dred feet, (said curved line being indicated by
stakes set at intervals offfty feet y thence south
| along the west line Of Dryden's land to the cen
| ter Of said railroad track; thence eastwarcly
along the north line Of said track to the place Of
| beginning. Said piece or parcel Of land may re-
vert to the said Q. P. Dryden by his paying the
| sum above mentioned to the said Sebra Howard
IN case It should not be continued in use for rail-
road purposes, said Dryden to elect when dis
| continued whether he will take the same back
/ or not. This deed is made to Howard and his
/ Wlte Ellen, volume %, page CO. which first men
/ toned mortgage is recorded in CnYahoaa Cnnn-