Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-07
LEGAL NOTICES.
THB STATE OF OHIO, CUYAHOGA

County, s. g. In Court Of Common Pleas.
Civil action for money and sale Of lands.
George V. Howk Plaintiff vs.. Charles Howard,
Eleanor Howard ExeeutTix Of Sebra Howard de-
ceased Eleanor Howard, j. MontgomeryFSeth
A. Abbey, Orlando Cutter administration Of Nell
son Monroe deceased; Farley Sheldon John
johnson, Elijah Smith, W. s. Carpenter n: 3
Carpenter, Ella r. Chittenden, Richard l. Chit
tenden, Orrin J. Howard, and Emogene c. How
The defendants in this case will take notice
that the plaintiff, has filed in said Court his peu-
ton aganst the above named defendants, when
is in substance as follows: Ihat on the
18th day Of November, A. d. 1850, 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 incor-
~poration was invested with Banking Privileges, 4
and with the righttO exact and take for the loan
Of money on notes, drafts and other securities, 2
rate OF interest not exceeding ten per oentum
per annum. That the said Ohio Insurance Com
pany Is in full legal existance, sndis still invested
with the same rights, privileges, and powers
1860, Sebra Howard and Charles Howard we're
partners doing business under the name Of 5. &
g.. Howard. That on said 18th OF November
1860. said s.. & G. Howard with one j. Mont
pomerv, executed and delivered to said 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-
manded, was not made nor has 1t since been PAID
nor any part thereof; that afterwards and dur
ing the life OF the said Sebra Howard, 70 wit;
on the 9th day Of september, 1861, SAID note
being due and the said ). q Z. HoWardW lsnlnga
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said s. & G. Howard, that if the
said 8 -; Howard T9nla pay interest interest at the the
note, to said Ohio Insurance Company, and would
secure the paymant Of said note by a good and
sufficient mortgage upon real estate, the said
Ohio Insurance Company would extend the time
of payment Of said note one half for one year
from said September nth, and one hHif 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 10 the
said Ohio Insurance Company, OF New Albany,
Indiana, a mortgage, ofwhich, acopy is attached
to said petition, on the following described
tracts or lots oiland, situated IN the villages OF
Olmsted Falls and MIddleburghi 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 ornamental and cultivated grounds,
with out buildings and gardeners residence, now
occupied by W. Beatson Waring. Also, the
water power and lands at the village Of Mid
dleburgh, in said County, containing, also,
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 is de-
6nitely described in seven deeds to said Howard
by the following parties, viz one from Luther
BaTnum and his wife Ann, one from Cyrus P.
Dryden and his wife Harriet, one from Gilruth
and four from Lester A. Harmon, all of said
deeds are recorded in the Office OF Records for
CuyahOga 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
" owned by Betsey Fairchild, in the centre OF
299, East along the course Of said river 4 4-lOO
chains to the Southeast corner; thence South
6IS, West 76-IOO chains thence North 1879,
We5t4 4G-lOO chains to stake; thence North &c,
East 2 $500 chains to the place OF beginning,
containing l 37-lOO acres, with the saw mill and
all the privileges thereof, reseTving the reser-
walton Of Clark Goss and Ashbel Buttolph to
pass aud re-pass with teams or otherwise, made
in their deed to Sylvester r. Hays. I'd. Also,
another piece in said section and on
the East side Of the above described lot com
mencing in the center Of the East branch OF
Rocky river, d rods above the mill dam, being
the Northwest corner Of a three acre lot deed
ed by Jonathan Vaughn to Abraham S, Under
hill thence North GU. Eastto the centre of the
ReckPort road, thence along the centre Of the
road Northerly y rods, thence South Gle, West
to the centre Of the river; thence with the CEN
tire Of the river or East line Of the first describ-
ed lot to the place OF beginning, supposed to
contain l acre Of land and conveyed to Sebra s.
Howard by James Gilreth by deed in vol 70, Guy
ahOga Co. Records page Gil. Also, another piece
Oflandln sectional, Mlddleburg, bounded as fol-
lows commencing at a point IN the centre OF
FrOntstreet. in the South line ofthe Right ofWaY
Ofthe &C & c. Railroad, thence alOngthe centre
Of said Front street to land owned by said So
bra Howard, (beng one acre OF land,) thence
South 6l', West TO the centre of Rocky river,
along the centre or sad river to the South line
of the Right Of Way Of the c.. C. i C. Railroad,
thence along said South line to the place
of beginning, containing about 8 acres OF
land, and the same land conveyed by Wallace
and Warnert to said Howard by deed in Cuyahoga
Co. Records, vol. 81, page 3I3. 4th. Also, a part OF
section 2h in Middle6urg, bounded as follows: be-
ginning in the centre Of the East branch Of Rocky
river, on the section line between sections II
and "a, thence South on said line to the
centre Ofthe highway, thence North westerly in
the centre Of the highway to tho South line Of
the Right of Way Of the c.. G. & G. Railroad,
thence Easterly along said South line
to the centre of Rocky river; thence
South-easterly along said river centre to
the place OF beginning, containing, about
1 acre. 9th, Also, n part Of Lot No. l, Tract
No. 8, in the township of 0lmstead, and
bOundedbeglnning at the Southwest corner of
Lot l, thence East rods, thence North running
at an average offs rods from the centre of said
river the distance Of Is rods, thence West 8 rods
to the centre of said river, thence along the
c9ntTe Of said river to the place OF beginning,
cohtaiaIng IOf an acre of land, subject to the
right of said Barnum and his assigns to construct
a road way from the bed of tho river to such
point on the bank as he may deem best, by him
or his assigns to be used for the transit OflumbeT,
stone, &C, with the privilege ofspace of loading
and unloading cars on the bank. Also a reser-
vatlon 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 in
CuyhOga county Records, in vol. rs, page 615.
G.. Also in Olmsted Falls village, in Ofmsted
Township, and bounded as follows: Beginning
at point on Bridge street, 4 rods west Of the
southwest corner Of a lot sold by me to A. W.
Sabin; thence west along Bridge street to the
center Of River street; thence in the center Of
River street nOrtherly to the north line Of tract
one thence east on said line to c. P. Dryden's
northwest corner; thence sOutherly to a hollow
maple tree, glazed and crossed thence south
erly to the northwest corner Of land sold by me
y to GnNnn and n q Wanak#
Salin & Wrights west line to the place Of begin
ming, reserVtng q Of an acre sold by said Harmon
to the Junction Railroad Company in the south
east corner Of the land here conveyed, being 4
rods on Bridge street and ten rods deep. 7. Also
another piece in Olmsted Falls village, known as
sub lots Sand 50 in said village. 8. Also another
piece in said village, and known as sub lot No. Bin
said village. These three parcels were conveyed
by L. A. Harmon TO Howard. See vol. 80, page 495
OF Cuyahoga Co. Records. 9. Also in the village
/ Of Olmsted Falls, and intending to describe and
convey town lots Nos. ninety-three, ninety-four,
ninety-iYe, .ninety-six, ninety-seven, ninety
eight, ninety-nine and one hundred, and so much
Of Howard street as was conveyed in a former
deed to said Howard by said Harmon, excepting
and reserVingt therefor alot with a house there
on sold by l.. A. Harmon to the Junction Rail-
road Company, 4 rods front by 10 rods rear, SUD-
posed to contain about ~ acres Of land. Deed
to Howard acknowledged June 10, 1852, and re-
corded in volume 100, page Sc Of Cuyahoga Coun-
ty Records. From the lots 81 and IS, should be
excepted q part sold by Howard to Murphy May
2, 1860. See volume 104, page COS of said Records,
10. Also sub lots Nos. A. 8, 6 and in Olmsted
Falls village, IL. Also in olmsted Falls village,
the whole oAsub lot No. 81 aud the north part Of
So not before conveyed to A. Spaulding. Deed
from LA. Harmon, volume Is, page GIL. IL. Al
so the following described piece Of land to be
used for railroad purposes, viz: Commencing
at q point one hundred and ninety feet north 81
the center Of the Cleveland q Toledo Railroad
track; thence westerly along said track curving
stthe rate Of ten degrees to the hum
dred feet (said curved line being indicated by
stakes set at intervals ofhfty feet y thence south
along the west line Of Dryden's land to the CEN
ter Of said railroad track thence eastWardly
along the north line Of said track to the place Of
beginning. Said piece or parcel ofland may re-
vert to the said Q. P. Dryden by his paving the
! sum above mentioned IN fba o.9d CoL-o- s8-,-l