Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-01
LEGAL.

The State Of Oh'ol In Court OF Common Pleas,
CuyahogaCounty, CIVIL action for money ana
IS. sale OF lands.
Franklin T. Baek1s, prh,
against
Evelyn IL. Wilcox, Cath
arine Wilcox, Henry G.
Burtman, Joshua J. Nc.
Chntock and Edward
Wmpple, defendants.
WNHE defendants who have not received
notice by service Of summons herein, viz
Henry c. Burtmsn and Edward Whipple Will
take notice that on the l4th day Of September
A. D. 1853, 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 Il. Wilcox on the
10Th day ofNovember ls5l, executed and dehV-
cred 70 the defendant McClnlock his Eve prom
isOry notes, one for Sl5I, payable June lst,
1852 one for $500 payable November LIST, ls62
one for 500, payable November lst, 1865 one for
500 payable November lst, 1855, and one for
500 payable November lst, 1858, all bearing in
terest from the date thereof; that 20 secure the
payment OF these notes said defendants EVELYN
h Wilcox and Cathariue Wilcox, wife Of said
Eveyn II. executed November 20Ih, ls6l, &
mortgage deed TO said McClintOck, which Is re-
corded in Cuyahoga County Records, Vol. lls,
page 4sf according 20 the terms Of which mort
gage deea, SAID Evelyn H. Wilcox and his wife
Csthsrine conveyed 70 SAID McChntock the fol-
lowing described premises, situate in the town
ship OF Bedford N Cuyah0ga County, Ohio and
known as the east part Of lot No. thirty nine,
bOunde north, south and east by the line OF
said lot and west by ten acres ofland in said lot
heretofore decided by James Berdan and wife TO
Sylvester ]. Smith, coniaining forty three and
one-hundredth acres Of land; the condition OF
which mortgage dee was such, that, whereas
said Evelyn r. Wilcox did execute and deliver
as aforesaid his said i've prnmlsory notes to said
| MCCliniock, Il said Evelyn Il. Wilcox, his heirs,
| assigns, executors or administrators, should
well and truly pay said notes according 10 their
| tenor 20 SAID McClintock, his heirs or assigns,
then said mortgage deed should be void but
otherwise remain in full force and virtue and
| furthermore, that all OF said notes, except the
| one for sl5I, payable June ist, 1882, were duly
assigned by said McClnfoclk q the Plaintiff who
still holds them that OF said No tos assigned,
the one for SD, payable November lst, ls62,
came TO maturity November 9Th, 1862, but was
not then paid nor any part thereof and that the
| same ha- not since been paid either in whole or
| part. That SAID defendant Burtman, who claims
/ some interestin ssid premises, has according to
the best Of plaintiffs knowledge and beliefnO in
terest therein OF any validity that to the best of
/ plaintiffs knowledge and belief, the nOte-for
sl5T above mentioned payable June lst, lS62, has
been fully paid; that the defendant Whipple
claims some interest IN said premises by virtua
| Of a certain judgment given in his favor against
\ the defendant McClmtoclS and others by the
Court Of Common Pleas within and for said
/ County and state in the May term OF said Court,
A. D. 1853 for S42l 96-l0O, portion Of y hich re-
/ mains unpaid and the judgment TO that extent
unsatsfed, but that plaintiff being ignorant
whether said Whipple and MCClntock have a.
| this time any subsistng lien upon said premis-
/ es, demands proof Of the same said petition
/ therefore asks that account be taken Of the
/ amount due plaintiff. his mortgage foreclosed,
| the puOrites of lien determined, the said lanus
/ and tenements ordered TO be sold, the proceeds
/ or so much thereof Rs may be necessary, applied
/ 20 the payment Of his debt, and that he may
have such other and further relief In the premis-
/ Is as he Is IN equity entitled 70 claim.
! said defendants, eurtman and Whipple, are
hereby notified that they are required to appear
and answer sad petition on or before the tnird
Saturday af,er the 9TH day OF November, A. D.,
/ 1868.
BACKUS 4 NOBLE,
sept2El23 Plaintiffs Attorneys.