Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-05
TN COMMON PLEAS, OUYAH0GA

I5inIel ii. Fitzhuqh, Ephraim Cone and Walter
Ayrault deceased, plaintiffs, vs.. Ellery G. VIII
liams, Henry Cham6eriin, Henry W Clark, John
E. Cary, HoTatiO n. Ward, Harriet Z. Wa d, Reu-
ben Hitchcock, John P. Wheeler, LathropW W Da-
Wis, James s. WadsWorth, John M Armstrong, re-
eeiver Of the Canal Bank Of Cleveland, F. Nj.
Isett, William C. Brewster, Charles j.. Camp,
The City Bank of Cleveland, The Cleveland and
MahOning Railroad Company, Edward Wade,
The Qumeipac Bank, Isaac Adams, JT., The
Merchants and Mechanics Bank of Wheeling,
Henry ii. Bowen, Theodore McNamee, Samuel
P. Holmes, Horace Fcote, James p. Mellen, Hen
~ l.. stone, Defendants
ANY ofthe said defendants who have not been
served with process Will take notice that on the
9th day of December, 1858, Allen Ayrault, then in
full life but now deceased, and Of whom plaintiffs
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 Chamberiin, for valuable cOnside-
ration advanced to them by said Allen Ayrault at
Geneseo, in the State Of New York, delivered to
said Ayrault their joint and several note, dated
on said Sd day Of April, payable months after
date, to the order Of Norman Chappel at the
Metropolitan Bank, New York, for ST, 600 90 with
interest, which was duly indOrsed by said Chap
pell TO said Allen Ayrauit. That about July o,
is54 at GeneseO aforesaid, said Ayrault still be-
ing holder of said note, at instance Of said E. G.
Williams and Chamberlin received in substtu-
ton for said note, the joint and several note Of
said Williams Chamberlin, Henry W. Clark and
John E. Carey, bearing date at said Geneseo, July
8, 1854 payable January Sd, 1856, to the order Of
said Ayrault at the Metropolitan Bank, New York,
for $1,000 90 with interest annually, and that by
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 sameS and there Is due on the
same $500 90 with interest at seven per cent. to
be computed as aforesaid, from July ., 1855, for
which plaintiffs ask judgment.
2. That about July 5, 1851, at said Geneseo said
E. Civilians and Chamberlin, for value received,
delivered to said Agrault another joint and sew
eral note, executed by said Williams, Chamber
lin Clark and Carey. UQVablH to the order said
Avraut July 1, 1886, at said Metropolitan Bank,
for $1,000 OO with interest annually, the rate Of
interest in the State ofNeW York then and there
being seven per centum per annum; that sald
note Is wholly unpaid and there is due to said
Ayraut on the same, the sum Of $4,000 with an
nual interest thereon from July g. 1855 at the rate
Of 7 per cent par annum-for which plaintiffs ask
judgment.
GeneseO, said Williams q Chamberlain, for the
purpose, among other things Of securing the
payment Of said notes, delivered to said Allen
Ayrault 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 deceased) upon the following described
premises to wit: one equal, undivided halfTn COM
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 whichis also in the county of CuyOhoga and is
known as being part of 100 acre lot No. 333, and
is bounded as follows: On the east, north and
south by the center Of the Edwards road (sOcall-
ed, excepting right OF way 20 feet in width on
each side Of the center OF the Cleveland and
Pittsburgh Railroad track as now laid, said uu-
divided y containing 80 94-lOO acres Ofland. Also
the whole Of the following described lots, situat-
ed in the city of Cleveland, county and State
aforesaid, to WIT: Sub lot No. 46 in the Charles
TAYLOR farm $50 called) situated on Detroit street.
being 40 feet front by $50 feet deep, and sub-lOt
No. 13 in block No. 2, of Baldwin & Seymour 8
subdivision of 10 acre lots 81 and 50 on Hunting
] = Hsr.#H u
which said mortgage was, on the 10th day Of Ju-
Iy, 1854, at 81 O'Clock A. NJ, duly delivered for
record to the Recorder Of said Cuyahoga county
and by him duly recorded on the 10th day Of Au-
gust A. D. 1854, in CuYahoga county records, vol
"a, pages 4267-S-all of which premises the plain
tff5 claim the right to sell by virtue Of said mort
gage on account Of the failure to pay the notes
afOTesaid-tO pay the amount due on said notes
Said Ayrault further sets forth in said petition
that said defendants, Hitchcock, Wheeler, DAVIS,
WadsWOrth, Armstrong, Receiver Jetts, Brew
ster, Camp, The City Bank Of Cleveland, The
Cleveland & Mahoning Railroad Company Wade,
The Quimeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank of Wheeling
Bowen, McNamee, Holmes and Stone have. or
pretendto have, some claim by way Of deed OF
mortgage, by way Of judgment lien, upon said
premises in sad mOrtage described or upon
! some part ofthe same; but he says that all such
liens or conYeyances, fany there be, are inferior
and subordinate to that of said AyTault. The said
| Ayrault further sets forth that SAID defendant,
/ Harriet E. Ward, who is the wife of said HoratO
| n. Ward, heretofore held mortgage upon said
| premises, or part thereof, to secure the pay
| inent Of the sum ofS4 600 90, which mortgage is
vet uneanoelled Of record, bnt as the sum to Sc
| cure the payment Of which said mortgage was
/ given, fell due on the first day Of March, A. d.
| 1851, he charges that the same has been fully
paid
Said Ayrault therefore asks that an account
may be taken Of the amount due him from said
/ defendants, Clark, Williams, Chamberlain, Carey,
that they may be ordered to pay the same with
in some short period TO be fixed BY the Court, in
that behalf and that upon their failure so TO pay
i the same, said premises in said mortgage de-
seribed, be ordered to be sold ss'upon judgments
at law, and that the proceeds of such sale be
| applied to the payment Of the amount found due
to the said Ayrault, and that he may have such
| other and further reiefin the premises as may
be Just and equitable.
The defendants, not served with process, viii
answer said petition BY the 2lst day Of March,
1853, or the matters alleged in said petition will
be taken as true, and Judgment rendered as
prayed for in said petition.
RANNEY, BACKUS s NOBLE,
January 9th, 1853. Plff's At'ys.
.jan29;430