Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-22
LEGAL


Ihs siate Of ohio) u court b Common Pleas,
ouyahOgacounty, Civil action for money and /
Frankfurt. Baclrdu, Plsa.
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry O.
Burtman, Joshua J. No
Clintock and Edward
WhIpple, defendants.
n VIE defendants who have not received
notice by service OF summons herein, viz (:
Henry Q. Burtmsn and Edward Whipple VIII
take notice that on the i4th day Of September
A. D. 1868, the plaintiff ileo his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
N that the defendant Evelyn II. Wilcox on the
10th day OF November 1861, executed and deliV-
cred 70 the defendant McCiintock his I'VE prom
isOry notes, one for S157, payable June lst,
1852; one for $500. payable November LIST, 1862
onsfor 5000. pavabIs Novennbsr lst. Ise3; one for
300, payable November LIST, 1864, and one for
800 payable November 1st, 1865, all bearing in
terest from the date thereof that 70 secure the
payment Of these notes said defendants Evelyn
Il. Wilcox and Osthsrine Wilcox, wife Of said
Evelyn Il. executed November 10th, 1861, q
mortgage deed to said McClntock, which is re-
corded IN CuyGhogA County Records Vol u6,
page "a according te the terms Of which mort
gage deed, said Evelyn Il. Wilcox and his wife
Cathsrine conveyed to said McChntoek the fol-
/ loving described premises, situate in the town
ship Of Bedford IN Cuyahoga County, Ohio, and
known - the east part Of lot No. thirty nine,
Oounde north, south and east by the line OF
said lot and west by ten acres Of land IN ssid lot
heretofore decided by James BerdRn and wife 70
| sylvester ). Smith, cOntaiUlng forty three and
one-hundredth acres Of land; the condition Of
which mortgage dee was such, that, whereas
sad Evelyn b. Wilcox did execute and deliver
as aforesaid his said i've prOmisory notes to said
| McClintock if SAID Evelyn 3 Wilcox, his heirs,
/ assigns, executors or administrators, should
well and truly pay sad notes according to their
| tenor 70 SAID McClintock, his hsirs or assigns,
then said mortgage deed should be void but
otherwise remain in fl!ll force and virtue and
/ furthermore, that all Of said notes, except the
one flT sl57, payable June 1st, 1862, were dClY
assigned by said McClin oek to the Plaintiff who
still holds them that Of said nc tss so assigned,
/ the one for 500, pay .ble November lst, 1862,
i not then paid nor any part thereof and that the
/ same ha- not since been paid either in whole OF
pa t. That said defendant Burtman, who claims
some interest in ssd premises, has according to
the hest Of plaintiffs knowledge aud beliefno in
terpst therein OF any validity that to the best Of
plaintiffs knowledge and belief, the note for
1851 above mentioned payable June LIST, 1852, has
been fully paid that the defendant Whpple
| claims some interest IN said premises by virtue
/ Of certain judgment gwen in his favor against
/ the defendant MeChntock and others by the
County and State in the May term Of said Court,
A. d. 1883 for S42I 98-1Oo, portion Of II hich
i mains unpaid and the judgment 70 that extent
/ unsatished, but that plaintiff being ignorant
whether said WhiPPle and MeClintock have a.
/ this time Any subsistng lien upon said premis-
I es, demands proof Of the same said petition
therefore asks that EceOunt be taken OF the
| amount due plaintiff, hle mortgage foTeclos6d,
the priorites Of lien determined, the said iands
and tenements ordered to be sold, the proceeds
| or so much thereofas may be necessary, applied
70 the payment Of his debt, and that he may
have such other and further relief in the prenis-
/ es as he is in equity entitled 10 claim.
Said defendants, Rurtman and Whipple, are
/ hereby notified that they are required 10 appear
Saturday after the 5th day Of November, A. D.,
/ 1858.