Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-11
LEGAL NOTICES.
IN COMMON PLEAS

/
i County, OhO-For money and sale Of lands
Daniel H. Fitzhugh, Ephraim Cone and Walter
Ayrault, deceased, plaintiffs, vs.. Ellery G. VIII
llaIns, Henry Chamberlin, Henry W. Clark, John
| Z. Cary, HoratiO n. Ward, Harriet E. Waid, Reu-
! ben Hitchcock, John P. Wheeler, Lathrop W Da-
Wis, James S. Wadsworth, John M Armstrong, re-
ceiver Of the Canal Bank of Cleveland, f. NJ
Isett, William C. Brewster, Charles L. Camp
The City Bank Of Cleveland, The Cleveland and
Mahoning Railroad Company, Edward Wade,
The QuimelPlac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank of Wheeling
Henry H. Bowen, Theodore McNamee, Samuel
P. Holiness Horace Foote, James P. Mellen, Hen
ry l.. stone, Defendants.
Any ofthe said defendants who have not been
served with process will take notice that on the
9Th day Of December, 1S5s, Allen Ayrault, then in
full life but now deceased, and ofWhom plaintiffs
are Executors, fled his petition in the above
named Court, which petition sets forth in sub
stance
Ist. That about April Sd, 1854, the defendants,
Williams and Cham6erlin, for a valuable eonside-
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 9 months after
date, to the order Of Norman Chappell at the
Metropolitan Bank, New York, for $500 90 with
| interest, which was duly indorsed by said Chap
pell to saId Allen Ayrault. That about July 5,
1854 at GeneseO Aforesaid, said Ayrault still be-
ing holder Of said note, at instance Of said E G.
Williams and Chamberlin received in subst
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
s, 1854, payable January 3D., 1856 to the order Of
said Ayrault at the Metro pOlItan Bank, New York,
for 900 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 same, and there is due on the
same $500 90 with interest at seven per cent. to
/ be computed as aforesaid from July 5, 1855, for
which plaintiffs ask Judgment
2. That about July 8, 1854, at said GeneseO said
E. G. Williams and Chamberin, for value received
| delivered 70 said Agrault another Joint and sew
| ernl note, executed by said Williams, Chamber
lin, Clark and Carey, payable to the order Of said
Ayrault July !, 1886, at said Metro politan Bank,
for Sc, 600 % with interest annually, the rate Of
| interest in the State OfNeW York then and there
being seven per eentum per annumi that said
/ note IS wholly unpaid and there is due to said
/ Ayrault on the same, the sum Of 5000 with an
nual interest thereon from July s, 1855, at the rate
Off per cent per annum-for which plaintiffs ask
| judgment.
81. That on said 9TH day Of July, 1854, at said
| Geneseo, ssid 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 B.
| 1854, and executed on that date by said Ellery G.
Williams and Caroline N Williams his wife (Who
| has since deceased) upon the following descu bed
premises to WIT: one equal, undivided halfin com
mon Of the following described tract OF Land ST.
seven in ne i2th ra ge OF tovnships In the Con
| nectieut 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. 3S3, and
/ Is bounded as follows: On the east, north and
WesL by the original lines Of said lot and on the
south BY the center Of the Edwards road $50 call
edl, 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 IN
divided = containing 30 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. 46 in the Charles
Taylor farm, $50 ealed) situated on Detroit street.
being 40 feet front by $50 feet deep and sub-lot
/ No. Is in block No. 2, Of Baldwin 3 Seymour s
subdivision Of 10 acre lots 81 and 81 on Hunting
ton street, beng so feet front by 120 feet deep
! which said mortgage was on the 10th day Of Ju-
| ly. 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.
IA, pages 426-7-s-all Of which premises the plain
tfs claim the right to sell by virtue Of said mort
| gage on account Of the failure to pay the notes
| afOresaid-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, The
| Cleveland & MahoniDg Railroad Company, Wade
/ The Quimepiac Bank, Isaac Adams, Jr-, The
/ Merchants and Mechanics Bank Of Wheeling,
/ Bowen, McNamee, Holmes and Stone have. or
| pretend to have, some claim by way Of deed or
mortgage, by way OF Judgment lien, upon said
/ premises in said mOrtage described or upon
| some part Of the samei but he says that all such
liens or conveyances if any there be, are inferior
/ and subordinate to that Of said AyFault The said
| AyrauIt further sets forth that SAID defendant,
Harriet E. Ward, who is the wife Of said HoratiO
/ N. Ward, heretofore held a mortgage upon said
| premises, or part thereof 70 secure the pay
| ment of the sum Of g, 900 %, which mortgage Is
! vet uncancelled of record, but as the sum to Sc
| cure the payment Of which said mo tgage was
| given fell due on the first day Of March, A. ID.
/ 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 theyunay be ordered to pay the same with
| in some short period to he fixed by the Court, in
that behalf, and that upon their failure so 10 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
| to the said Ayrault, and that he may have such
| other and further rehefin- the premises as may
| be Just and equitable.
| The defendants not served with process, viii
/ answer said petition by the 2lst day Of March,
1858, or the matters alleged in said petition will
| be taken true, and judgment rendered as
/ prayed for in said petition
RANNEY, BACKUS & NOBLE,
january 9th, 1858. Plff's Att'ys.