Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-25
LEGAL NOTICES.
N COMMON PLEAS, CUYAHOGA

IN COMMON PLEAS, CUYAHOGA
i County, Ohio.-For money and sale Of lands.
Daniel H. Fitzhugh, Ephraim Cone and Waiter
Ayrault, deceased, plaintiffs, vs.. Ellery 6. VIII
liams, Henry Chamberlin, Henry ". Clark, John
E. Cary, HOratiO n. Ward, Harriet Z. Wa d, Reu-
ben Hitchcock, John P. Wheeler, Lathrop W Da-
Wis, James s. WadsWorth, John II Armstrong, re-
eeiver Of the Canal Bank Of Cleveland, F. NJ.
Isstt, William G. Brewster, Charles l.. Camp,
The City Bank Of Cleveland, The Cleveland and
MahOning Railroad Company, Edward Wade,
The QuImeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank Of Wheeling,
Henry h. Bowen, Theodore MeNamee, Samuel
P. Holmes, Horace Foote, James P. Meilen, Hen
y L. Stone, Defendants.
Any ofths said defendants who have net 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 OfWhom plaintiffs
are Executors, fled his petition in the above
named Court, which petition sets forth in sub
stance
Ist. That about April Sd, 1884, the defendants,
Williams and Chamberlin, for valuable eonside-
ration advanced to them by said Allen Ayrault at
| Geneseo, in the State ofNeW York, delivered to
said Ayranlt their joint and several note, dsted
on said Sd day of April, payable months after
/ date, to the order Of Norman Chappell at the
Metropolitan Bank, New York, for 5000 90 with
| interest, which was duly indorsed BY said Chap
pell to said Allen Ayrault That about July .
1854 at GeneseO aforesaid, said AyTault still be-
ing holder OF SAID note, at instance Of said E. G.
/ Williams and Chamberlin received in substltu-
/ 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 Sd, 1856, to the order OF
sad Ayra1it m az tne Metropolltan Bank, New 1orL,
for $500 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 thereis due on the
same 81 500 90 with interest at seven per cent. 70
be computed as aforesaid, from July 5, 1855, for
| which plaintiffs ask judgment
| 2. That about July 8, 1854, at said Geneseo sad
E. Williams and Chamberlin, for value received,
] delivered anld ArrauIE another 1O1uE and sew
| eral note, executed by said Williams, Chamber
lin, Clark and Carey, payable to the order Of said
Ayrault July 1, 1856, at said Me Metropolitan Bank,
for 5000 " with interest annually, the rate Of
interest in the State ofNs1p York then and there
| being seven per centum per annumi that said
note is wholly unpaid and there Is due 70 SAID
/ Ayrault on the same, the sum Of $1,000 with an
nual interest thereon from July 8 1855, at the rate
Oft per cent per annum-ior which plaintiffs ask
Judgment.
81. That on said 5th day Of July, 1854, at said
Geneseo, said Williams / Chamberlain, for the
purpose, among other things Of securing the
payment of said notes, delivered to said Allen
| Ayrault mortgage deed bearing date July 8
1854, and executed on that date by said Ellery G.
Williams and Caroline n. Williams his wife (Who
has since deceased) upon the following described
premises tOW1t; one equal, undivided halfin com
mon Of the following described tract OF land, SIT
uate in the township Of New bergh, 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 andi
| known as being part OflOO acre lot No. S53, and
is bounded as follows; On the east, north and
west by the original 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
Pittsburgh Railroad track as now laid, said IN
divided y containing S3 94-lOO acres OF land Also
the whole Of the following described lots, situat
ed in the city OF Cleveland, county 6nd State
aforesaid, to W1t: 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. - in block No. 2, Of Baldwin Seymour s
subdivision of10 acre lots 81 and 81 on Hunting
ton street, beng 90 feet mont by l20 feet deep
! which said mortgage was, on the 10th day Of Ju-
ly, 1854 at % O'Clock A. M, duly delivered fol
| record to the Recorder Of said Cuyahoga county
and by him duly recorded on the 10th day OfAu-
| gust A. D. 1854, in CaYahoga 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 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 Jetts, Brew
| ster, Camp, The City Bank Of Cleveland The
| Cleveland Mahoning Railroad Company, Wade
The Quimeipiae Bank, Isaac Adams, Jr., The
! Merchants and Mechanics Bank Of Wheeling
Bowen, McNamee, Holmes and Stone have. ol
| pretend to have some claim BY way OF deed ol
| mortgage, by way Of judgment lien, upon SAID
premises in said mortage described or upor
some part ofthe same but he says that all suct
liens conTeyances, if any there be, are inferior
and subordinate TO that of said Ayrault The saiC
Ayrault further sets forth that sald defendant
Harriet E. Ward, who is the wife Of said Horatic
n. Ward, heretofore held mortgage upon SAID
premises, or a part thereof, 70 secure the pay
ment Of the sum Of 900 90, which mortgage is
vet uncancelled ofrecord, but as the sum TO Sc
cure the payment Of which said mortgage was
given, fell due on the first day Of March, A D.
1857, 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
the same, said promises in said mortgage de
seribed, be ordered to be sold as upon judgments
at law, and that the proceeds Of such sale bt
| applied to the payment OF the amount found dus
to the said Ayrault, and that he may have suct
other and further reliefin the premises as may
be Just and equitable.
The defendants, not served with process, viii
answer said petition by the 2lst day Of March
1868, or the matters alleged in said petition will
be taken as true, and judgment rendered as
| prayed for in said petition.
RANNEY, BACKUS & NOBLE,
January 9th, 1853. Plfi's Att'ys.
jan2943O
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