Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-17
EDGAR II. LEWIS, Sheriff.
By HENRY N. JOHNSON, Deputy.
C. L. FISH, PITTS Atty.
Sheriff's ONCE. Jan. 81, 1868. jan3l:429

Sheriff's ONCE. Jan. 81, 1868. ian3l:429
TN COMMON PLEAS, CUYAHOGA
County, Ohio.-For money and sale Of lands.
Daniel Il. Fitzhugh, Ephraim Cone and Walter
Ayrault, deceased, Plaintiffs, vs.. Ellery G. Will
hams, Henry Chamberlin, Henry w. Clark John
z. Cary, HoratiO n Ward, Harriet E. Wafd, Reu-
ben Hitchcock, John P. Wheeler, LathropW W Da-
Vis, James S. Wadsworth, John M Armstrong, re-
eeiver Of the Canal Bank Of Cleveland +. NJ
Isett, William c. Brewster, Charles L. Camp,
The City Bank of Cleveland, The Cleveland and
MahOnlng Railroad Company, Edward Wade,
The Qulmeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank Of Wheeling
Henry q. Bowen, Theodore EeNamee, Samuel
P. Holmes, Horace FoOte, James P. Mellen, Hen
~ L. stone, Defendants.
Any ofthe said defendants who have not 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, 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 Chamberlin, for valuable cOnside-
ration advanced to them by said Allen Ayrault at
Geneseo, in the State OfNeE York, delivered TO
said Ayrault their joint and several note, dated
on said Sd day Of April, payable Q months after
date to the order Of Norman Chappell at the
Metropolitan Bank, New York, for $1,000 90 with
interest, which was duly lndOrsed by said Chap
pell to said Allen Ayrault. That about July Q,
1854, at Geneseo Aforesaid, said Ayraut still be-
ing holder Of said note, at instance OF SAID L. g.
Williams and Chamberin received in subsutu-
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, 1884, payable January Sd, 1856, to the order Of
said Ayrault at the Metropolitan Bank, New York,
for $500 70 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
81 500 % 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. Williams and Cham berlin, for value received,
delivered to said Agrault another joint and sew
eral note, executed by said Williams, Chamber
lin, Clark and Carey, payable to the order Of said
Ayrault July l. 1856, al said Metropolitan Bank,
for 5000 70 with interest annually, the rate Of
interest in the State ofNeW York then and there
being seven per centum per annum; 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. 1885 at the rate
| Oft per cent per annum-ior which plaintiffs ask
Judgment.
80. That on said 5th day Of July 1854, at said
| Geneseo, said Williams 4 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 halfin com
mon of the following described tract OF land, SIT
uate in the township Of Newbergh, being number
seven IN the lZth range OF townships IN the Con-
necticut Western Reserve, in the State OF Ohio,
and which is also in the county Of Cuyohoga and is
known as being part ofI0O acre lot No. S33, 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 night 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 80 94-l00 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
nQIIpdl clfuatnd Detroit
being 40 feet front by $50 feet deep, and sub-lot
No. 13 in block No. 2, Of Baldwin Seymour's
subdivision Ofl0 acre lots 81 and 81 on Hunting
ton street, beng 50 feet mont by 10 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 ofAu-
gust A. d. 1854, IN CaYahoga county records, vol.
ffu4
tfs claim the right to sell by virtue Of said mort
gage on account OF the failure TO pay the notes
af0resaid-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 q MahOning Railroad Company, Wade,
The Quimeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank Of Wheeling
Bowen, AIeNamee, 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 same but he says that all such
liens or conveyances, nany there be, are inferior
and subordinate to that Of said Ayrault. The said
Ayrault further sets forth that ssld defendant,
Harriet E. Ward, who is the wife Of said HoratiO
n. Ward, heretofore held mortgage upon said
premises, or part thereof, to secure the pay
ment Of the sum ofS4 900 90, which mortgage is
yet uncancelled Of record, 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.
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 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 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 reiefin the premises as may |
be Just and equitable.
The defendants, not served with process, viii |
answer said petition by the 2lst day Of March, |
1853, or the matters alleged in said petition will
be taken rs true, and judgment rendered as ]
prayed for in said petition
RANNEY, BACKUS & NOBLE,
January 9th, 1855 Pltf's Artys.