Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-05

ss. ssle Of lands.
Franklin T. Baek1s, pPh,
against
Evelyn Il. Wilcox, Cath
arne Wilcox, Henry C.
Burtman, Joshua J. Ne.
ClntOck and Edward
Whrpple, defendants.
ME defendants who have not received
4 notice BY service OF summons herein, Viz !:
Henry G. Burtman and Edward Whpple will
take notice that on the l4th day OF September
A. d. 1863 the plaintiff FLED his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
in that the defendant Evelyn II. Wilcox on the
10th day Of November 1861, executed and deliV-
cred to the defendant McClintOck his tVe prom
isOry notes, one for Sl57, payable June lst,
1852 one for 500, payable November LIST, 1852 !;
one for $500, payable November LIST, 1868; one for
$500, payable November lst, 1864, and one for
$2OO payable November lst 1855, all bearing in
terest from the date thereof; that to secure the
payment Of these notes said defendants Evelyn
D. Wilcox and Catharine Wilcox, wife OF SAID
Evelyn H. executed November 2Oth, 1861, q
corded in CuyshOgR County Records, Vol. 1l6,
page 4s4 according to the terms Of which mort
gage deed said Evelyn h Wilcox and his wife
CathRrlne conveyed 70 said MCClntOck the fol-
lowing described premises, situate in the town
ship OF Bedford in CuyahOgs County, Ohio, and
known ss the east part OF lot No. thirty nine,
bounded north, south and east by the line OF
said lot and west by ten acres Of land in said lot
heretofore decided by James BerdAn and wife to
Sylvester J. Smith, containing forty three and
one-hundredth acres Of land; the condition OF
which mortgage dee was such, that, whereas
said Evelyn Il. Wilcox did execute and deliver
as Aforesaid his said Eve prOmsOry notes to said
McClintOck, fsald Evelyn a. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said McClintock, his heirs or assigns,
then said mortgage deed should be void but
otherwise remain in full force and virtue and
furthermore, that all Of said notes, except the
r..
assigned by said McClintock to the Plaintiff who
still holds them that Of said nC tes so assigned,
the one for S20c, payable November lst, 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
part That ssid defendant Burtman, who claims
some interest in said premises, has according to
the best Of plaintiffs knowledge and beiefno in
terest therein OF any validity that to the best OF
plaintiffs knowledge and belief, the note for
Sl57 sbOYe mentioned payable June 1st, 1862, has
been fully paid; that the defendant Wmpple
claims some interest n said premises BY virtue
Of certain Judgment gwen 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 S42l 96-lOO, apOrtlon Of which re-
mains unpaid and the Judgment TO that extent
unsatisfed, but that plaintiff being ignorant
whether SAID Whipple and McClntock h5.ve AT
thls time any subslstlng lien upon said pfemls-
es, demands proof OF the same; said I,aution
therefore asks that account be taken OF the
amount due plaintiff, his mortgage foreclosed,
the proritles OF lien determined, the said lands
and tenements ordered to be sold, the proceeds
or so much thereof as may be necessary, applied
to the payment Of bis debt, and that he may
have such other and further relief in the premis-
es as he is IN equity entitled to claim.
SAID defendants, Burtman and Whipple, are
hereby notified that they are required TO appear
and answer sad petition on or before the third
Saturday after the 5th day Of November, A. D.,
1868.