Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-07
LEGAL.

The State Of OhiO) In Court of Common Pleas,
IS. sale Of lands.
Franklin t. Baell1s, pI'f,l
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry c.
Burtman, Joshua J. Nc.
Clintock and Edward
Whlpple, defendants.
HNHE defendants who have not received
notice by service of summons herein, viz:
Henry G. Burtman and Edward Whipple Will
take notice that on the 18th day of September,
A. d. Is63 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 q. Wilcox on the
10th day of November 1861, executed and delv-
cred to the defendant McChntOek his five prom
isory notes, one for Sl5I, payable June lst,
1862; one for $500, payable November 1st, 1852 I;
one for $500, payable November lst, 1865 one for
$500, payable November lst, 1864, and one for
$500 payable November 1st, 1865, all bearing in
terest from the date thereOti that 70 secure the
payment of these notes said defendants Evelyn
h. Wilcox and Catharine Wilcox, wife of said
Evelyn II. executed November 10th, 1851, a
mortgage deed to said McClntoek, which is re-
corded in Cuyahoga County Records, Vol n6,
page 4s4 according to the terms of which mort
gage deed, said Evelyn r.. Wilcox and his wife
Catharine conveyed to said McClmtock 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
said lot and west by ten acres of land in said lot
heretofore decided by James Berdan and wife to
Sylvester j. Smith, containing forty three and
one-hundredth acres Of land; the condition Of
which mortgage dee was such, that, whereas
said Evelyn II. Wilcox did execute and deliver
as aforesaid his said five promisory notes to said
McClintock, if said Evelyn d. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said McClintoek, 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 sl57, payable June 1st, 1862, were duly
assigned by said McClintock to the Plaintiff who
still holds them that Of said ties so assigned,
the one for S2Oe, payable November lst, 1862,
came to maturity November 4ths 1862, but was
not then paid nor any part thereof, and that the
same has not since been paid either IN whole or
part. That said defendant Burtman, who claims
some interest in said premises, has according TO
the best of plaintiff knowledge and belieino in
terest therein OF any validity that, to the best Of
plaintiffs knowledge and belief, the note for
Sl57 above mentioned payable June lst, 1852 has
been fully paid; that the defendant Whlpple
claims some interest IN said premises by virtue
of a 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. 1853 for S4Z1 96-lOO, apOrtiOn Of hich re-
mains unpaid and the judgment 10 that extent
unsatisfed, but that plaintiff being ignorant
whether said Whipple and McClintOck have al
this time any subssting 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 priorities of lien determined, the said lands
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, Eurtman and Whipple, are
hereby notified that they are required to appear
and answer SAID petition on or before the third
Saturday after the 9TH day Of November, A. D.,
1868.
BACKUS & NOBLE,
sept2E123 Plaintiffs Attorneys.