Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-12
LEGAL
The State OF Oh o) In Court Of Common Pleas,
CuyahOgsCounty, Civil action for money and
sale Of lands.


The State OF Oh o. In Court Of Common Pleas,
CuyAhosaC0uny Sl ssI az ssii0n s55s for money and
Franklin T BackGs, pl'ff,
against
Evelyn II. Wilcox, Cath
arine Wilcox, Henry @.
Burtman, Joshua J. Nc
ClntOck and Edward
Whipple, defendants.
HNHE defendants who have not received
notice by service Of summons herein, viz:
Henry c. Burtman and Edward Whipple viii
take notice that on the l4th day Of September,
A. D. 1858, the plaintiff flea his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
in that the defendant Evelyn d. Wilcox on the
10th day Of November 1861, executed and dellF-
cred to the defendant McClintOck his hve prom
isory notes, one for Sl5T, payable June 1stS
1852 one for $500, PAYABLE November LIST, 1869
one for $500, payable November lst, 1865 one for
$40, payable November lst, 1864, and one Tor
500 payable November lst, 1855, all bearing in
| terest from the date thereof that to secure the
payment OF these notes said defendants Evelyn
/ II. Wilcox and Cath2rine Wilcox, wife OF said
Evelyn II. executed November 2Oth, 1861, q
mortgage deed to said McClintock, which is re-
corded in CuyahOga County Records, Vol. 116,
page 4s4 ; according to the terms Of which mort
| gage deed, said Evelyn H. Wilcox and his wife
| Cafharine conveyed TO said McClntock the fol-
L lowing described premises situate IN the town.
| ship Of Bedford in CuyahOga County Ohio and
| known IS the east part Of lot No. thirty
/ bounded north, south and east by the line OF
salu lQL anu west acres OF lana IN Eelu lot
| heretofore decided by James Berdan and wife to
| Sylvester j. Smith, containing forty three and
| one-hundredJh acres Of land the condition Of
/ which mortgage dee was suchi that, whereas
| said EVELYN Il Wilcox did execute and deliver
/ as aforesaid bis said five prOmlsOry notes to said
/ MeClintock, if said Evelyn q. Wilcox, his heirsi
assigns executors or administrators, should
| well and truly pay said notes according 10 thelr
| tenor to said McClintOck, his heirs or assigns,
| then said mortgage deed should be void but
| otherwise remain in full force and virtue and
n-HNr HNNrH1 1NHa aN 80 EwaN ha
one for sl57, payable June 1st, 1862, were duly
| assigned BY said McClnfO Ock to the Plaintiff who
| still holds them that Of said nc tes assigned,
| the one for 500, payable November 1st, 1862,
| came to maturity November 4th, 1862, but was
! not then paid nor any part thereof, and that the
/ same has not since been paid either in whole or
l part. That said defendant Burtman, who claims
some interest in said premises, has according 70
the best Of plaintiffs knowledge and belietno IN.
terest therein OF any validity that, to the best Of
plaintiffs knowledge and belief, the note for
S157 above mentioned payable June lst, ls62, has
been fully paid; that the defendant Whipple
| claims some interest N saiG premises by virtue
Of q certain judgment given in his favor against
the defendant McClintOck and others bY the
Court Of Common Pleas within and for said
| County and state in the May term OF said Court
A. D. 1859 for S421 96-lOO, portion Of which re-
mains unpaid and the judgment to that extent
| unsatished, but that plaintiff being ignorant
whether said Whipple and MeClintoek have at
this time any subsstng lien upon said premis-
] eS, demands proof OF the same said petition
| therefore asks that account be taken OF the
amount due plaintiff. his mortgage foreelosed,
| the priOrities OF lien determined the said lands
| and teneurents ordered to be sold, the proceeds
or so mut n thereofas may be necessary, applied
to the payment Of his debt, and that he may
have such other and further rel ef in the premis-
es as he is IN equity entitled to claim.
Said defendants, Burtman and WhippleB are
| hereby notified that they are required 70 appear
| and answer sa d petition on or before the third
Saturday after the 9Th day Of November, A. D.
| A0''- D.or-rr- a ,-oDr