Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-02
EDGAR n. Jew IS bherlu.
BY HENRY N. JOHNSON, Deputy.
c. L. FISH, PITTS Atty.
Sheriff's Office. Jan 81, 1868. lan5I:4E5
N CON0TON PLEAS. CUYAHOGA

L Countv Obio-For money and sale Of lands.
Daniel H. Fitzhugh, EPhrslm Cone and walter
AyrauIt deceased, Plaintiffs, vs.. Ellery g. VIII
Gsms Henry Chamberlin, Henry w. Clark John
r. Cary, Horatio N. Ward, Harriet E. Wa d, Reu-
ben Hitchcock, John T, Wheeler; LathroP W Da-
vis James S WadsWorth. John d Armstrong re-
ceiver OF the Canal Bank OF Cleveland, F. NJ
Tsett William c. Brewster, Charles L. Camp,
The City Bank Of Cleveland, The Cleveland ana
Naboning Railroad Company, Edward Wade,
The Ou.meipiac Bank, Isaac Adams. Jr, The
Merchants and Mechanics Bank OF wheeling,
Henry H. Bowen, Theodore McNamee, samuel
p. Holmes, Horace FOote, James P. Mellen, Hem
~ l.. stone, Defendants
sarved with process will take notice that on the
ON day of December 1858, Allen Ayrault, then in
fnll life but now deceased, and Ofwhom plaintiffs
! arc 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 q valuable cOnside-
ration advanced to them by said Allen Ayrsult at
| Geneseo, in the State OfNeW York, delivered TO
| sqid Avrsult their Joint and several note, dated
/ on said Sd day Of April, payable . months after
i date 70 the order Of Norman Chappel at the
| Metropolitan Bank New ork, for S5iUVO W Win
/ interest which was duly indorsed by said Chap
| peil to said Alien Ayrault. That about July o.
| Is54 at GeneseO aforesaid, SAID Ayrault still be-
ing holder Of said note, at instance OF sald + e.
| Williams and Chamberhn received IN subsutu-
tion for said note, the joint and several note Of
! said Williams & Chamberlln1 Henry W Clark and
| John E. Carey, bearing date at said Geneseo, July
D. A.
I said Ayraulta at the Metropolitan hank, New York.
for S. 200 % with interest annually, ond thas BY
| The law Of the State Of New York he IS entitled
TO recover at the rate OF seven per cent interest
! ner snnuu on the same, and there is due on the
same $500 90 with interest at seven per cent 10
| Be computed as aforesaid, from July 8, 1855, for
| which plaintiffs ask judgment.
| Q That about July 5, 1854, al sad Geneseo sal q
| f e. Williams and Chamberhn, for value received
| delivered to said Agrault another joint and sew
| eraI note, executed by said Williams, Chamber
I ~ sH-Lr aHaHF al
/ Ayrault July I, 1896, at said Metropolitan Bank,
! for $4,000 " with interest annually, the rate 81
interest in the state ofNeW York then and there
| being seven per centum per annum that sald
| uoteis wholly unpaid and there IS due 70 ssid
] Avrault on the same, the sum Of $1,000 with an
nua interest thereon from July o 1885, at the rate
: of uer cent per annum-for which plaintiffs ask
s15. That on said 9Th day OF July, 1854, at said
! Geneseo, said Williams Chamberlain, for the
purpose, among ether things OF securing e ihe
! 6avinent of said notes, delivered to said Allen
/ AVrsult a mortgage deed bearing date July 8
1854. and executed on that date by said Ellery g.
| Williams and Caroline NJ Williams his wife (who
| has since decessed) upon the following described
premises to wit: one equal, undivided halfln CON-
| mon of the following described tract OF land, SIT
| uate in the township Of NeWbergh, being number
| seven in the 18th range of townships in the Con-
| necticut Western Reserve, in the State of Ohio,
and which is also in the county Of Cuyohoga and IS
| known As being part oflO0 acre lot No. $50, and
IS bounded as follows; On me east MOI hortn "a 4ho IN
t r. t5e center Of the Edwards road $50 call
| adl excepting right Of way 20 feet IN width on
! each side of the center OF the CleVelana and
| Pittsburgh Railroad track as now laid1 sald un'
divided y containing 80 94-lOO acres ofland- Also
the whole of the following described lots, sltuat-
] ed in the city Of Cleveland county ana StaIe
| aforesaid, to wit Sub lot No. 46 IN the Charles
TavlOrfarn $50 called) situated on Detroit street.
being 40 feet front by $50 feet deep, and sub-lo'
! No Is in block No. 2, Of Baldwin seymour {
sub-divislon of 10 acre lots 81 and % on hunting
! nm street beng 90 feet front by 120 feet deep
which said mortgage vas on the iOtn Gay OF Ju'
/ iv Is54 AT ~ o'clock A. NJ, duly delivered fol
| record TO the Recorder OF sald CuyahogA county
| and by him duly recorded on the 10Th day OF Au-
| yust A D. 1854, IN CaYahoga county records vol
"a nages 426-7-S-all Of which premises the plain
tif claim the right to sell by virtue Of said mort
gage on account OF the failure 70 pay the notes
| SfSTessid-to pay the amount due on said notes
sad Avrault further sets forth in said petition
| that said defendants, Hitchcock, Wheeler, Davis
Wadsworth, Armstrong RECEIVER Jettsi DIS"' ~,
ster, Camp, The City Bank Of Cleveland, The
! Cleveland & Mahoning Railroad Company Wade
the Quimeipiac Bank, Isaac Adams, yr., The
! Merchants and Mechanics Bank OF wheeling
| BOwen. McNamoe, Holmes and stone nave OF
! pretend to have, some claim by way OF deed OF
| mortgage, by way Of judgment lien, upon said
premises in said ortage described or uPoI
| come mart ofthes b; but he says that all suct
liens or convevans s. any there be, are inferior
and subordinate to that Of said Ayrault. The salc
/ Avrault further sets forth that sad defendant
Harriet E. Ward, who IS the wUe OF SAID HoratlC
u N
premises, or part thereof, to secure the pay
Tnsnt OF the sum OF fS4, 900 90, which mortgage Il
vet uncancelled OF frecordl but as the sum 70 Sc
cure the payment Of which said mortgage wa
given, feIi due on the first day Of March, A d
1857, he charges that the same has been null
paid.
NAV be taken Of the amount due him rom sa1'
defendants, Clark, W lliAms, Chamberlain, Carey
that they may be ordered to pay the same with
in some short period to be nxed oy the Court, II
that behalf and that upon their failure 80 to pa.
. the same, said premises in said mortgage de
scribed, be orderedtO be sold as upon Judgment
= at law and that the proceeds OF such sale o.
applied to the payment OF the amount found du.
to the said Ayrault, and that he may have suel
other and further reliefin the premises as ma,
be Just and equitable
fhe defendants, not served with process, vii
answer said petition by the 2lst dsy q March
Ist3, or the matters alleged in said petition vii
be taken as true, and Judgment rendered
prayed for in said petition. .-,
RANNEY, BACKUS 4 NOBLE,
January 9th, 1858. Plf's Att'ys.
jan29430
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