Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-12
LEGAL NOTICES.

County, OhiO.-FOr money and sale of lands.
Daniel H. Fitzhugh, Ephraim Cone and Walter
Ayrault, deceased, Plaintiffs, VS.. Ellery G. Will
liams, Henry Chamberlin, Henry W. Clark, John
Z. Cary, HoratiO n. Ward, Harriet E. Wa. d, Reu-
ben Hitchcock, John P. Wheeler, LathropW W. Da-
Wis, James 5. WadswoTth, John ii Armstrong, re-
cever of the Canal Bank of Cleveland, +. NJ.
Isett, William C. Brewster, Charles L. Camp,
The City Bank of Cleveland, The Cleveland and
Mahoning Railroad Company, Edward Wade,
The QULmeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank of Wheeling,
Henry h. Bowen, Theodore McNamee, Samuel
P. Holmes, Horace FOote, James P. Mellen, Hen
ry L. Stone, Defendants.
Any OF the said defendants who have not been
served with process viii take notice that on the
9Th day Of December, 1858, Allen Ayrault, then IN
full life but now deceased, and ofwhOm plaintiffs
are Executors, filed his petition in the above
named Court, which petition sets forth in sub
stance
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 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 81, 900 90 with
interest, which was duly indOrsed by said Chap
pell to SAID Allen Ayrault. That about July 3,
1854, at GeneseO aforesaid, said Ayrault still be-
ing holder of said note, at instance Of said E. G.
Williams and Chamberiin received in subs titu-
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, 1885, to the order Of
said Ayrault at the Metropolitan Bank, New York,
for S5,OOO " 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 same, and there is due on the
same 81, 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, 1854, at said Geneseo said
z. g. Williams and Cnamberlin, for value received
| delivered 10 said Agrault another joint and sew
auTm han f1T-
lin, Clark and Carey payable to the order Of sald
! Avrault July l, 1885, at said Metropolitan Bank,
| for 5000 90 with interest annually, the rate Of
| interest in the State Of New York then and there
| being seven per centum per annUm; that said
| note is wholly unpaid and there IS due to sad
| Ayrault on the same, the sum Of 5000 with an
nual interest thereon from July o 1850 al the rate
| off per cent PER annum-for which plaintiffs ask
81 That on said 9Th day Of July, 1884, at said
| Geneseo, said Williams 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 3,
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 halfln 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-
! neetieut Western Reserve, in the State OF Ohio
and which is also in the county Of OfCuyohoga and is
known as being part OF lOJ acre lot No. S}3, and
| is bounded as lOllQkSs Ou the east uOIkl tiLll
wes by the original lines Of said lot, and on the
south by the center OF the Edwards road $50 cali
ed), excepting right Of way 20 feet in width or
each side of the center Of the Cleveland anC
! Pittsburgh Railroad track as now laid, said IN
divided = containing 81 94-lO0 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. 4B in the Charlie:
Taylor farm, $50 called) situated on Detroit street
being 10 feet front by 100 feet deep, and sub-lO
No. 13 in block No. 2, Of Baldwin Seymour
| subdivision Of 10 acre lots 81 and 81 on Hunting
ton street, beng 90 feet front by 10 feet deep
which said mortgage was, on the 10th day Of Ju
ly, 1854, at 954 O'Clock A. NJ, duly delivered fo
record TO the Recorder Of said CuyahOga count,
| and by him duly recorded on the 10th day OF Au
| gust A. D. 1854, IN C4YahogS county records, vol
IA, pages 426-7-S-all Of which premises the plain
tiffs claim the right to sell by virtue Of SAID mort
gage on account Of the failure to pay the note
afore- -aid-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 Jets, Brew
! ster, Camp, The City Bank Of Cleveland, III
/ Cleveland & MahOning Railroad Company, Wade
The Quimeipiac Bank, Isaac Adams. Jr., III
| Merchants and Mechanics Bank Of Wheeling
Bowen McNamee, Holmes and stone have. o
| pretend TO have, some claim by way OF deed o
! mortgage, by way Of judgment lien, upon sal
/ premises in SAID mortage described or upO
some part ofthe same; but he says that all sue
liens or conyeyanees, ifany there be, are inteTio
and subordinate to that Of said AyTault. The sa,
Ayrault further sets forth that SAID defendant
Harriet E. Ward, who is the wife Of said Horat
N Ward, heretofore held mortgage upon sal
premises, or part thereof, 70 secure the pay
r nent Of the sum Of s. coo %, which mortgage
vet uncancelled of record, but as the sum to sc
: cure the payment Of which said mo- tgage wa
given, fell due on the first day Of March, A. l
1857, he charges that the same has been full
paid.
Said Ayrault therefore asks that an aecour
NAV be taken of the amount due him from sal
, defendants, Clark, Williams, Chamberlain, Care!
that they may be ordered to pay the same witt
in some short period to be fixed by the Court,
that behalf, and that upon their failure so TO pa
the same, said premises in said mortgage d'
scribed, be ordered to be sold as upon judgment
at law, and that the proceeds of such sale
applied to the payment Of the amount found du
to the said Ayrault and that he may have sue
other and further reliefin the premises as ms
| be Just and equitable.
The defendants, not served with process, wi
| answer said petition by the 2lst day Of Marel
: 1873 or the matters alleged in said petition wi
: | be taken as true, and Judgment rendered {
I I | prayed for in said petition.
RANNEY, BACKUS & NOBLE,
January 9th, 1858. Plffs Attys.
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