Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-27
LEGAL NOTICES.
m CONIMON PLEAs. {

IN COMMON PLEAS, CUYAHOGA
/ County, Ohio-For money and sale Of lands
Daniel II. Fitzhugh' EPhraim Cone and waiter
Ayrault, Executor OF Allen Ayrault, de-
ceased Plaintiffs, vs.. Elery 9. Williams
Henry Chamberlin, Henry W. Clark, John
E. Cary Horatio n. Ward, Harriet E Watd, Reu-
ben Hitchcock, John p. Wheeler, LathrOp w Da-
Wis James 5. WadswOrth, John Armstrong, re-
ceiver Of the Canal Bank OF Cleveland, F. NJ |
Isett, William C. Brewster, Charles l. camp, |
The City Bank of Cleveland, The Cleveland and !
Mahoning Railroad Company Edward wade |
The Qumeipisc Bank, Isaac Adams. Jr., Inc
Merchants and Mechanics BANK OF Nheelln8i
Henry II. Bowen, Theodore MeNamee, samuel
?. Holmes, Horace FOote, James p. Mellen hen
~ l.. stone, Defendants.
ANY ofthe said defendants who have net oesn
served with process Will take notice tnat on tle
9Th day of December, ls55, Allen Ayraiilt, then ln
| full life but now deceased, and ofwhom plmntIs
| are Executors, filed his. petition IN the above
named Court, which petition sets forth IN sub
ist. That about April Sd, 1854, the defendants,
/ Williams and Chamberlin, for valuable eonslde-
/ ratiOn advanced 70 them 10y SAID Allen AyraulI az
| Geneseu, in the State OfNeW York. delivered 70
| SAID Ayraut their joint and several note dated
on said Sd day OF April, payable months a.IeI Yer
| Metropolitan Bank, New York, for 5000 W with
interest, which was duly indorsed by sald ChsI,-
pell to sald Allen Ayrault. That about July o
1854 at GIeneseO aforesaid, SAID Ayrtult sun pe
ing holder Of said note, at instance OF sald T. U.
Williams and Chamberlin received m substilu-
ton for said note, the joint anu several n9te % "
]
John +. Carey, bearing date at said Geneseoi ul1
/ D. 1854 navable January Sd, lSjj, 20 the OrCtr OF
said Ayraultat the Metropolitan Bank, New oTh,
/ for $500 0O with interest annually ana tIat ~
/ the law Of the State OF New York, he IS entitled
to recover at the rate of seven per cent interest
! per annum on the same and there Is due on lne
same $500 % with interest at seven per cent 10
be computed as aforesaid, from July ., leoJi Ior
1 which pla ntiifs as! Judgment
2 Thlt about July ., lSji, al said Geneseo sal a
Z. Civilians ana Chamberlin for value received
delivered 10 said Agrstult another JOINT ana sew
, ersI note executed by s5id Williams Cham Del
ln Clark and Carey, payable to the order OF saia
= Avrsult ,TuIy / 1850, at said Metropolitan Bank,
f1r s6uJu % with interest annually the rate el
interest IN the state of New York then and there
being seven per centum; per ahhuH5 tu..' - -
note is wholly unpaid and there IS due 70 salu
| Ayrault on the same, the sum Of So,UUO win an
nua interest thereon from July s. 1850, al the rate
of Z per cent annula-ior which PialntiS ash
= sd That on said 9Th day of July, 1854 at said
= / Cepeseo, said Williams Il Chamberlain, Tor tnt
= purpose, among other things OF securing Jhe
70 | payment Of SAID notes. dellNeteu 70 9iAd Allet
% ! Avrault a mortgage deed bearing date July $
- / 1854 and executed that date by SAID Ellery q
r. 1 williams and Caroline NJ. Williams his wife (Wht
4 has since deceased) upon the following described
premises to wits equal, undivided hail m com
a mon of the following described tract OF land SIT
!, / uate in the township Of Newbergh, being numoe
, seven in the 18th range OF townships IN the So
nectieut Western Reserve, in the state OF ONO
, and which is also IN the county OF Guy Ohoga ana d
known as being part Of 100 acre lot No. jsj3 ant
is bounded as follows: On the east north an'
= west by the original lines Of said lot, and on IN
! south by the center Of the Edwards road $50 cali
ed, excepting a right OF way 20 feet IN "idth OF
, | each side OF the center OF the CleVelanu ans
> | Pittsburgh Railroad track as now laid, SAID uu
| divided u containing ;s3 9f-lOO acres Of land Ais
the whole OF the following described lots sltuat
/ ed in the city Of Cleveland county and stat
aforesaid, to WIT Sub lot No. 46 IN the Charlie
TAYLOR farm, $50 call ed) situated on Detroit street
being 40 feet front by LOO feet deep and suD-l9
!. No IS IN block No. 2 Of Baldwin & seymour
D. subdivision of 10 acre lots 81 and % on huntnA
s. ton street. beng 80 feet front by 10 feet deep
which said mortgage was, on the 10Th day OF Ju
Iy. 1854, at ~ O'Clock A. NJ, duly delivered 10
n | record to the Recorder Of said CuyanOga count
and by him duly recorded on the 10Th day oI Au
gust A. D. 1854, IN -Yahoga county records Vo
IA. pages 4Z6-7-S-all OF which premises the pliui
tins claim the right to sell by virtue Of SAID NOR
gage ON account Of the failure 70 pay tne note
- afOresaid-to pay the amount due on s5hd note
'' Said Ayrault further sets forth in said peuuo
- that said defendants, Hitchcock, Wheeler, DaVl
. WadswOrth, Armstrong, Receiver Jets, brev
ster, Camp, The City Bank OF CleVelandl I
-, Cleveland s MahOning Railroad Company Wad "a
"S The OuiIneipiac Bank, lsaac Adams, Jr-, III
Merchants and Mechanics Bank Of Wheeling
q Bowen, McNamee, Holmes and stone have.
= pretend TO have, some claim by way Of deed {
u mortgage, by way Of Judgment lien, upon sal
premises in SAID mOrtage described or upo
Cd some part OF the same but he says that All sue
liens or conVeyances, III any there be, are lnierlt
and subordinate to that Of said Ayrault The sal
Ayrault further sets forth that SAID detsndin
Harriet E. Ward, who IS the wife Of SAID Horat
N. Us
sS premises, or part thereof, to secure the pa.
>. ment OF the sum of 81 900 %, which mortgage
vet uncancelled Of record, but AS the sum 70 81
4; cure the payment Of which said mo tgage VI
given fell due on the first day Of March, A.
1851 he charges that the same has been fui
u paid Said Ayrault therefore asks that an Aceou
= NAV be taken Of the amount due him from sa
- defendants, Clark, W lAams, Chamberlain, Care
that they rnay 30 ordorod 20 pay tho same Wit
,. in some short period to be fixed BY the Court
m that behalf and that upon their failure so TO p
the same, said premises IN said mortgage d
We seribed, be ordered TO be sold as upon ludgmen
"a | at law, and that the proceeds Of such sale
| applied to the payment OF the amount found d.
.. | to the said Ayrault, and that he may have SUE
M other and further reliefin the premises as mi
We / be lust and equitable.
The defendants, not served with process, VI
answer said petition by the 2lst day Of Marc
1868, or the matters alleged in said petition w
be taken As true, and Judgment rendered
prayed for in said petition.
= RANNEY, BACKUS 4 NOBLE,
January 27th, 1858. Pits Attys.
ian29.43O