Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-17

The State OF Ohiol In Court Of Common Heas,
CuyahogaOOUnty, Civil action for money and
IS. sale OF lands.
Franklin T. Bacl1s, pi'f,
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry @.
Bu-tmal, Joshua J. Ne.
CllntOckf and Edward
Whlpple, defendants.
VIE defendants who have not received
i notice by service of summons herein, 5iz:
henry g. Burtman and Edward Whipple will
take notice that on the 18th day Of September,
"A d. 1868, the plaintiff FLED his petition in the
Go'lrt above men1oned for said County against
the above named defendants, setting forth there
N that the defendant Evelyn h. Wilcox on the
10th day Of November 1861, executed and deliy-
cred to the defendant mcCliRtock his five prom
isory notes, one for Sl57, payable June Ist,
1852 one for $500, payable November 1st, 1862 /;
one tor $500, payable November 1st, 1868; one for
$500, payable November Ist, 1854, and one for
500 payable November lst, 1866, all bearing in
terest from the date thereof; that to securs the
payment Of these notes said defendants Eveig
H Wilcox and Catharine Wilcox, wife of said
Evelyn h. executed November 10th, 1851, 8
mortgage deed to said McClintOck, which is re-
corded in Cuyahoga County Records, Vol. 116,
page 484 according to the terms of which mort
/ gage deed, said Evelyn H. Wilcox and his wife
| Catharine conveyed to said McCllntOck the fol-
/ lowing described premises, situate in the town
/ ship Of Bedford in CuyahOga County, Ohio, and
known as the east part OF lot No. thirty-nine,
bounded north, south and east by the line Of
I a
/ heretofore decided by James Berdan and wife to
| sylvester j. Smith, containing fOrty three and
one-hundredth acres Of land; the condition Of
Wnch mortgage deet was such, that, whereas
/ said Evelyn II. Wilcox did execute and deliver
as aforesaid his said FIVE proInisory notes to said
McClintock, If said Evelyn q. Wilcox, his heirs,
/ assigns executors or administrators, should
well and truly pay said notes according to their
| tenor to said McClintock, his heirs or assigns,
| then SAID mortgage deed should be void but
| otherwise remain in full force and virtue and
/ lftlnrnOTn. a n
/ one for sl57, payable June lst, 1852, were dUlY
/ assigned by said McClintoek to the Plaintiff who
still holds them that Of said nc tes so assigned,
/ the one for SOC, payable November 1st, 1852,
/ came to maturity November 4th, 1862, but was
not then paid nor any part thereof, and that the
/ same has not since been paid either in whole or
4 part That said defendant Burtman, who claims
some interest IN said premises, has according to
' the best Of plaintiffs knowledge and beiefno in
terest therein OF any validity that to the best OF
plaintiffs knowledge and belief, the note for
Sl57 above mentioned payable June lst, 1862, has
/, been fully paid; that the defendant Whipple
| claims some interest in said premises by virtue
/ of q certain Judgment given in his favor against
/ the defendant McClintOck and others BY the
/ Court of Common Pleas within and for said
/ County and State in the May term Of said Court,
A. D. 1859 for S42l 96-lOO, aportiOn Of which re-
/ mains unpaid and the judgment to that extent
| unsatsfed, but that plaintiff being ignorant
/ whether said Whipple and McClintOck have at
| this time any subslstlng lien upon said premis-
| es, demands proof Of the same; said petition
therefore asks that account be taken Of the
l amount due plaintiff, his mortgage foreclOsed,
/ the priorities OF lien determined the said lands
i and tenements ordered to be sold, the proceeds
or so much thereofas may be necessary, applied
/ to the payment of his debt, and that he may
have such other and further relief in the premis-
es as he IS in equity entitled to claim.
| SAID defendants, Burtman and Whlpple, are
hereby notified that they are required to appear
and answer said petition on or before the third
Saturday after the 5th day Of November, A. D.,
/ 1868.