Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-31
LEGAL NOTICES.

IN COMMON PLEAS, CUYAHOGA
/ County, 0hio.-For money and sale Of lands.
Daniel H. Fitzhugh, Ephraim Cone and Walter
Ayrault, deceased, plaintiffs, vs. Ellery G. Wiz
lisms Henry Chamberlin, Henry W. Clark, John
E. Cary, HoTatio n Ward, Harriet E. Wa d, Reu-
ben Hitchcock, John P. Wheeler, LathrOpW Da-
MS. james s. WadsWorth, John d Armstrong, re-
eeiver OF the Canal Bank Of Cleveland, +. ".
Isett William C. Brewster, Charles L. Camp,
The City Bank OF Cleveland, The Cleveland and
Mahoniug Railroad Company Edward Wade,
Tbe Ou5neipise 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
Anv ofthe said q sfendants who have not been
served with procei Will take notice that on the
9Th day OF December, 1865, Allen Ayrault, then in
full life but now deceased, ana ofWhom plaintiffs
are Executors, filed his petition in the above
named Court, which petition sets forth in sub
stance
Williams and Chamberlin, for valuable conside-
ration advanced to them by said Allen Ayrault at
Geneseo, in the State ofNeW 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 Chappell at the
Metropolitan Bank, New York, for 5000 % with
interest, which was duly lndorsed by said Chap
pell to said Allen Ayrault That about July 8,
1854, at Geneseo Aforesaid said Ayrault still be-
ing holder of said note az Instance Of said E. e.
Williams and Chamberlin received IN sub5ttu-
ton for said note, the joint and several note Of
said Williams ChambeTllni Henry W Clark and
John +. Carey, bearing date at said Geneseo, July
s. lS54 payable January Sd, 1856, to the order OF
aid Ayrault st the Metropolitan Bank, New York,
Tor Sl,UgO OO 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 Gnnum on the same, and there Is due on the
sane 800 90 with interest at seven per cent 10
be computed as Aforesaid, from July 5, 1855, for
which plaintiffs ask judgment.
2 That about July 8, Is54 at said Geneseo said
E G. Williams and Cham berlin, for value recelvedi
delivered TO said Agrault smother joint and sew
eral note e1ec9teu oy sl4 mllilalils SLl'lli
lin, Clark and Carey payable to the order Of said
AVrault July 1, 1850, at sald metropolitan Bank
for $1,000 % with interest annually, The rate ef
interest in the state ofNeW York then and there
being seven per centum per annum; that said
noteis wholly unpaid and there IS due to said
Ayrault on the same, the sum OF 5000 with an
nual interest thereon rom July 3, 1855, at the rate
Of 7 per cent por annum-ior which plaintiffs ask
judgment
Geuesec, said Williams & Chamberlain, for the
purpose, among other things Of securing the
payment of sald notes, delivered TO said Allen
/ Ayrault n mortgage deed bearing date July 3
ls54 and executed on that date by said Ellery q.
Wi liams and Caroline N. Williams his wife (who
has since deeeased) upon the following described
premises to WIT one equal, undivided halfln com
mon of the following described tract OF land, SIT
uate in the township Of Newbergh, being number
seven in the lZtn range OF townships IN the Con
necticut Western Reserve, in the State ofOhio,
and which is also in the county OF fCuyOhoga andi5
known as being part Of 100 acre lot No $50, and
I 4
wess by the Orig ignal lines Of said lot and on the
south BY the center Of the Edwards road $50 call
ed, excepting right OF way 20 feet in width on
each side OF the center Of the Cleveland and
Pitrsburgh Railroad track as now laid, said uu-
divided = containing 80 9f-lO0 acres Ofland. Also
the whole Of the following described lots, situat-
ed in the city Of Cleyelsnd, county and state
aforesaid to wit: Sub lot No. 46 in the Charles
TAYLOR farm, $50 called situated on Detroit street.
beina 40 feet front by $50 feet deep, and sub-lOt
No I3 in block No. 2, Of Baldwin & Seymour
sub-diyision OIL acre lots 81 and 81 on Hunting
ton street. beng so feet front BY 10 feet deep
/ which said mortgage was, on the 10th day OF Ju-
Iv, 1854, at 80 o'clock A. ~, duly delivered for
/ record 10 the Recorder Of SAID Cuyahoga county
| ~ Nv him duIy recorded on the 10th day fAu-
gust A. D. 1854, IN CUYahOga county records, vol
| "a pages 426-7-S-all Of which premises the plain
tits claim the right to sell by virtue Of said mort
| gage on account OF the failure 70 pay the notes
| sf6Tesaid-to pay the amount due on said notes
| Said Avrault further sets forth IN said petition
/ that said defendants, Hitchcock, Wheeler, Davis,
/ Wadsworth, Armstrong Receiver Jets, Brew
/ ster- Camp. The City Bank Of Cleveland, The
| cleveland & Mahoning Railroad Company Wade
| Tbe Ouinepiac Bank, Isaac Adams, Jr., The
i Merchants and Mechanics Bank Of wheeling
i Poyvan- NeNamee, Holmes and Stone have. or
| nreterd to have, some claim by way Of deed or
| mortgage, by way Of Judgment lien, upon said
/ prsmises in said morlage described or upon
| some part fthe same but ne says that al such
| liens 6r conveyances, fany there be, are inferior
| and subordinate to that OF sald Ayrault. the sad
Ayrault further sets forth that SAID defendant
~.
n yyarrf ffererUTOrg heid 3 ruorlgdg upon SAID
| premises, or a part thereof, TO secure the pay
I7Ieut OF the sum Of s. 600 90, which mortgage Is
/ VET uncancelled Of record, but as the sum to Sc
| cure the payment Of which said mortgage was
| given fell due on the first day of March, A. ID.
| ISL, he charges that the same has been fully
| paid.
| NAV he taken Of the amount due him from said
| defendants, Clark W lliams, Chamberlain, Carey,
| that they may be ordered to pay the same with
i in some short period 10 be fixed by the Court, IN
that behalf and that upon their failure so 20 pay
| the same said premises in said mortgage de-
| scribed. be ordered to be sold as upon Judgments
| at law, and that the proceeds Of such sale be
! applied to the payment OF the amount found due
| 10 me said Avrault, and that he may have such
| other and further relFfin the premises as may
| be Just and equitable. m
The defendants, not served with process, VIII
| answer said petition by the 2lst day Of March,
Is.3 or the matters alleged in said petition VIII
| Be taken as true, and Judgment rendered as
| prayed for in said petition. .-
| RANNEY, BACKUS & NOBLE,
| January 27fh, 1868. Plf's Att'ys.
jan29:430