Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-20
LEGAL

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The State Of Ohiol In Court u Common Pleas,
IS. sale OF ISndS. a. --'
Franklin T. Bsclz1s, pl'G,l
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry @.
Burtman, Joshua J. Nc.
ClintOck and Edward
Wmpple, defendants.
HNHE defendants who have not received
notice by service Of summons herein, Wis
henry z. Burtman and Edward Whipple will
take notice that on the l4th day Of September,
A. D 1858, the plaintiff FLED his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
IN. IN that the defendant Evelyn &. Wilcox on the
10Th day OF November 1861, executed and deliv-
cred TO the defendant McClintock his five prom
isory notes, one for SI57, payable June Ist,
1862 one for $500; payable November lst, 1862
$500, payable November Ist, 1854 and one for
$500 payable November 1st, 1865, all bearing in
terest from the date thereof; that to secure the
payment of these notes said defendants EVELYN
Il. Wilcox and Ostharine Wilcox, wife Of said
l Evelyn H. executed November 10Th, 1861, q
mortgage deed to said McCintock, 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
/ Cstharine conveyed 10 said McClIntock the fol-
/ lowing described premises, situate in the town
/ ship Of Bedford in Cuyahoga County, Ohio, and
/ known as the east part of lot No. thirty-nine,
| bounded north, south and east by the line OF
said lot and west by ten acres ofland in said lot
heretofore decided by James Berdsn and wife to
| sylvester J. Smith, containing forty three and
/ one-hundredth acres Of land; the condition Of
| which mortgage deet was such, that, whereas
said Evelyn H. Wilcox did execute and deliver
as AFORESAID his said five promisorY notes to said
/ mcChntoek, if said EVELYN q. Wilcox, his heirs
assigns, executors or administrators, should
well and truly pay said notes according to their
/ tenor to said McCiintock, his heirs or assigns,
then said mortgage deed should be void but
/ otherwise remain in full force and virtue and
/ furthermore, that sill Of said notes, except the
one for sl57, payable June lst, 1862, were dUlY
| assigned by said McCrniock to the Plaintiff who
still holds them that Of said Nc tes so assigned,
/ the one for S20p, payable November LIST, 1852,
| came to maturity November 4th, lSG2 but was
| not then paid nor any part thereof, and that the
| same hs- not since been paid either in whole or
i part. That said defendant Burtman, who claims
Il some interest in said premises, has according TO
the best OF PLAINTIFF knowledge and belieino IN
terest therein OF any validity that to the best Of
| plslntlhs knowledge and belief, the note for
| Sl5I above mentioned payable June LIST, 1862, has
been fully paid; that the defendant Whlpple
claims some interest IN said premises by virtue
/ of a certain Judgment given in his favor against
i the defendant McCllntock 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 $780, portion Of which re-
/ mains unpaid and the Judgment to that extent
unsatsfed, but that plaintiff being ignorant
| whether said Whipple and McClintock have 81
/ this time any subsisting lien upon said premis-
/ es, demands proof OF the ssne said petition
/ therefore asks that account be taken OF the
amount due plaintiff. his mortgage foreelosed,
the priorties Of lien determined, the said lands
and tenements ordered TO be sold, the proceeds
i or 50 much thereof as may be necessary, applied
/ to the payment Of his debt, and that he may
have such other and further relief in the premis-
\ es SIS he is in equity entitled to claim.
| Said defendants, BurtmRn and Whipple, are
/ hereby notified that they are required to appear
and answer ssld petition on or before the third
Saturday after the 5th day Of November, A. D.,
1868.
| BACKus L NOBLE.