Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-25
LEGAL NOTICES,
lHR sTATE OF OHIO. CUYAHOC

= ~ 64A&A w VIM w LLLL01A 7
County, S. s. In Court Of Common Pleas.
Civil action for money and sale Of lands.
George V. HOWk Plaintiff vs.. Charles Howard /
Eleanor Howard Executrix Of Sebra Howard de-
ceased Eleanor Howard, J. Montgomery, Seth
A. Abbey, Orlando Cutter administrator Of Nell
son Monroe deceased; Farley Sheldon, John
Johnson, Elijah Smith, W. S. Carpenter, N. 5.
Carpenter, Ella r. Chittenden, Richard L. Chit
tenden, Orrin J. Howard, and Emogene G. How
ard, defendants.
The defendants in this case will take notice
that the plaintiff, has fled in said Court his petit
ton against the above named defendants, which
is in substance as follows: That on the
18th day Of November, A. D. 1880, the Ohio
Insurance Company was a corporation To-
Gated and doing business at New Albany
IN the State Of Indiana, and by its act Of mcOr-
pOration was invested with Banking Privileges,
and with the rightto exact and take for the loan
Of money on notes, drafts and other securities, a
rate Of interest not exceeding ten per centum
per annum. That the said Ohio Insurance Com
pany IS in full legal existance, andi is still invested
aforesaid, that on SAID 18th day Of November,
1850, Sebra Howard and Charles Howard were
partners doing business under the name Of S. &
g.. Howard. That on said 18th OF November
1860, SAID s. & c. Howard with one j. Mont
gomery, executed and delivered to ssid Ohio
Insurance Company their note for.
$500 payable
Apologize ESQ. Secretary, atthe Banking office
Of the Ohio Insurance Company, New Albany.
Payment on which note having been duly de-
lAuuE WA " nAnAA hui A11 u III AEEAA AAAH
nor any part thereof that afterwards and dur
ing the fife of the said Sebra Howard, to wit:
on the 9th day Of September, 1861, said note
being due and the said S. Il G. Howard wishinga
further extension of the same, an agreement
was entered into between said Ohio Insurance
Company and said 5. & 9. Howard, that If the
said S. {. Howard would pay interest at the
rate Of ten per centum per annum, upon sad
note, to said Ohio Insurance Company, and would
secure the paymant Of said note by a good and
sufficient mortgage upon real estatet the said
Ohio Insurance Company would extend the time
| Of payment Of said note one half for one year
| from said September 9th, and one half in two
years from said 9th day Of September 1861:
That in pursuance OF SAID agreement last above
stated the said Sebra Howard with his wife
Eleanor Howard, executed and delivered to the
said Ohio Insurance Company, Of New Albany,
Indiana, q mortgage, of which, acOpyis attached
to said petition, on the following described
tracts or lots Ofland, situated in the villages of
Olmsted Falls and Mlddleburgh in the County Of
CuyahOga and State Of Ohio, and known as the
Large Howard Quarry, at Olmsted, with railroad
connecting it to the Cleveland Toledo Railroad,
with the water power Of Rocky River thereon.
Also, the old homestead or residence Of said
Towards, in said village with about four and a
half acres Of ornamentala and cultivated grounds,
with out buildings and gardeners residence, now
occupied by W. Beatson Warlng. Also the
water power and lands at the village of Mid
dleburgh, in said County, containing, ALSO
a large quarry OF Berea Stone, extending
from the Cleveland & Columbus Railroad to six
rods above the dam Of the old saw mill, with all
the right to flow above. All said property SIDE
hnitely described in seven deeds to said Howard
by the following parties, VIZ one from Luther
Barnum and his wife Ann one from Cyrus p,
Dryden and his vile Harriet, one nom Gllruth
and four from Lester A. Harmon, all of said
deeds are recorded in the Office Of Records fol
Cuyahogs at Cleveland Ohio"
Said lands being more particularly described
as follows: LIST. Part Of section II. In Mid
dleburg and bounded as follows: begin
ming at the southeast corner Of land former.
ly owned by Betsey Fairchild, in the centre o.
/ tro Eaat branch Of RnpEv river fhnnaa EOuff
29S, East along the course Of said river 4 4-lOl
chains to the southeast corner; thence South
6ls, West 76-1OO chains thence North 1879
West4 46-lO0 chains to stake; thence North 81"
East 2 59-1O0 chains to the place OF beginning
containing 1 37-lOO acres, with the saw mill anC
all the privileges thereof, reserYing the reser
vation Of Clark GOss and Ashbel Buttolph Il
pass aud re-pass with teams or otherwise, mad
in their deed to Sylvester X. Hays. I'd. Also
another piece IN said secuons and OF
the East side Of the above described lot com
mencing in the center Of the East branch o
Rocky river, 6 rods above the mill dam, beinl
the Northwest corner Of q three acre lot deed
ed by Jonathan Vaughn to Abraham S, Under
hill; thence North 60, East to the centre Of tn
Reckport road, thence along the centre Of tn
road Northerly II rods, thence South Ole, Yves
| to the centre Of the river; thence with the cen
ire Of the river or East line Of the first describ
{ ed lot to the place Of beginning, supposed {
l contain acre Of land and conveyed to Sebra S
3 Howard by James Gill eth by deed in vol 70, Guy
ahOga Co. Records page Gil. Also, another piec
1 VI anu III - g9AAAAE1 90 A0A
lows: commencing at a point in the centre c
= Front street, in the SOuthline ofthe Right of W
p ofthe &C. & c. Railroad, thence along the centr
Of said Front street to land owned by said Sc
I bra Howard, (being one acre Of landO theme
South Go, West to the centre Of Rocky Tivel
the East branch thereof, thence Northwestern
> along the centre Of said river 10 the south lin
of the Right Of Way of the @. G. & c. Railroad
4 thence along said South line to the plac
: OF beginning, containing about 8 acres {
! land, and the same land conveyed by Wallac
4 cd TUar,arfO eaia Gotrard hu Iaal IN TrvahCC
. Co. Records, vol. 80, page 343. 4th. Also, g part
> section "A, in Middleburg, bounded as follows; be
ginning in the centre Of the East branch Of Rock
+ river, on the section line between sections I
! and g, thence South on said line to tn
: centre Of the highway, thence North-westsrlyi
l the centre Of the highway to the South line {
the Right Of Way Of the c. c. & c. Railroad
: thence Easterly along said South lin
! to the centre of Rocky nver theme
! South-easterly along said river centre [
the place Of beginnings containing, abOU
= 1 acre. 9th, Also, a part Of Lot No. l, TraC
: No. 5, in the township of 0lmstead, an
boundedbeglnning at the Southwest corner {
Lot l, thence East 8 rods, thence North runnin
at an average offs rods from the centre OF sal
4 river the distance of Is rods, thence West 8 rod
I to the centre Of said river, thence along th
centre Of said river to the place Of beginuIll
Z eohtaising Hof an sore of land, subject to tn
right Of said Barnum and his assigns to cOnstruC
a road way from the bed Of tho river 70 sue
point on the hank as he may deem best, by hiI
= or his assigns to be used for the transit Oflumbel
btOue5 &C. WIN the privilege OF space OF lOAuin
7 and unloading cars on the bank. Also n reseI
i vahon Of the privilege Of flowing water back up
; on the land as described in deed of John Barn
' UNI to Peter Kidney, Oct. 10, 1885, recorded j
b CuyhOga county Records, in vol. 70, page 6Ij
6. Also in Olmsted Falls village, in Olmste
U Township, and bounded as follows: Beginnin
3 at a point on Bridge street, 4 rods west OF tn
southwest corner or a lot sold by me to A.. "
Sabin thence west along Bridge street to tn
: center Of River street; thence IN the center {
, River street nOrtheriy to the north line Of traC
, one; thence east on said line to q. p. Dryden
; northwest corner; thence goutherly to a hoIo,
3 maple tree, glazed and crossed thence south
erly to the northwest corner Of land sold by m
to Salin and o. C. Wright; thence EOutherly alon
l Sain & WrightsWest line to the place ofbegin
/ ming, reserVtngA Of an acre sold by said Hsrmo
/ to the Junction Railroad Company IN the south
i east corner Of the land here conveyed, being
rods on Bridge street and ten rods deep. 7. AIS
another piece in 0lmsted Falls village, known a
, sub lots 52and SO in said village. 8. Also anothe
, piece in said village, and known as sublot No. 9i
said village. These three parcels were oOnveye
by L. A. Harmon to Howard. See vol. so, page 49
OF Cuyahoga Co. Records. 9. AlsO in the villag
Of Qlmst6d Falls, and intending to describe an
convey town lots Nos. ninety-three, ninety -foul
ninety-ive, ninety-six, ninety-seven, ninety
eight, n nety-nine and one hundred, and so nue.
Of Howard street as was conveyed in a fOrme
deed to said Howard by said Harmon, exceptn
and eserVInQtherefrOm alOt with a house there