Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-13
LEGAL ROTIcEs.

I TN COMMON PLEAS, CUYAHOGA
/ il County, Ohio.-For money and sale Of lands
! Daniel H. Fitzhugh, Ephraim Cone and WaIte
/ Ayraults deceased, Plaintiff vs. Ellery G. vii
I lans, Henry Cham berlin, Henry W. Clark, Johl
=. Gary, Horatio N. Ward, HarretE. Wa d, Reu
/ ben Hitchcock, John P. Wheeler, Lathrop w Da
Wis, James S. WadsEorth, John u Armstrong re
eeIyer Of the Canal Bank Of Cleveland, F. M
lsett, William G. Brewster, Charles L. Camp
The City Bank Of Cleveland, The Cleveland auc
MahOning Railroad Company, Edward Wade
The Qu,meipiae Bank, Isaae Adams, Jr, Tht
Merchants and Mechanics Bank of wheeling
Henry Il. Bowen, Theodore McNamee, Samus
r. Holiness Horace FO0te, James P. Mellen, Hen
ry l.. stone, Defendants.
Any OF the said defendants who have not been
served with process Will take notice that on the
9th day of December, 1858, Allen AyrauIt, then in
full life but now deceased, and Of whom plsIntfs
are Executors, filed his petition in the above
named Court, which petition sets forth in sub
1st. That about April Sd, 1854, the defendants.
Williams and ChambeTlin, for valuable eOnside-
ration advanced to them by said Allen Ayrault at
Geneseo, IN the state ofNew York, delivered to
sad Ayrault their JOINT and several note, dated
on said 81 day Of April, payable months after
date, TO the order Of Norman Chappeli nj the
metropolitan Bank, New York, for s., 200 90 with
Interest which was duly indOrsed by said Chap
pell to sald Allen Ayrault. That about Julv q
1854 at GeneseO aforesaid, said Ayrault stlll be-
ing holder Of said note, at instance Of said E q
Williams and Cham berlin received in substitu-
ton Tor SAID note, the joint and several note Of
said Williams Chamberlin, Henry W. Clark and
John E. Carey, bearing date at said 6iensseo, July
., " 81, payable January Sd, 1850, to the order Of
sald Ayrault at the Metropolitan Bank, New York
for $500 % 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
same 81 0OWith interest at seven per cent to
be computed as aforesaid, from July 8, 1855, for
which plaintiffs ask judgment.
2. That about July s. 1854, at said Geneseo said
lion "a nh =
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
Avrault July l, 1856, at said Metropolitan Bsnk K
for 5000 % 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 70 said
Ayrault on the same, the sum OF 5000 with an
nual interest thereon from July 1855 at the rate
OF per cent PR annum-for which plaintiffs ask
judgment.
90. That on said 9Th day of July, 1854, at said
Geneseo, said Williams 4 Chamberlain, for the
purpose, among other things Of securing the
payment Of sad notes, delivered to said Allen
Ayrauit 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 70 wit: one equal, undivided halfin COM
mon OF the following described tract OF land, SIT
uate in the township Of New bergh, being number
seven in the 18th range Of townships in the Con-
nectcut Western Reserve, in the State of Ohio,
and which is also in the county of Cuyohoga and is
known as being part Of 100 acre lot No 333, and
west by the original lines Of said lot, and on the
south by the center Of the Edwards road $50 call
ed), excepting right Of way 20 feet in width on
each side of the center Of the Cleveland and
Pittsburgh Railroad track as now laid said un-
divided = containing % 94-lO0 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
Taylor farm, $50 called) situated on Detroit street.
being 80 feet front by $50 feet deep, and sub-lot
No. l3 in block No. 2 Of Baldwin SeymOurs
subdivision of 10 acre lots 81 and 81 on Hunting
ton street. beng so feet front by l2O feet deep
which said mortgage was, on the 10th day Of Ju-
ly, 1854, at " 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.
"A, pages 4267S-all of which premises the plain
tfs claim the right to sell by virtue Of said mort
gage on account Of the failure to pay the notes
aforesald-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 Jets, Brew
ster, Camp The City Bank Of Cleveland, The
Cleveland & Mahoning Railroad Company, Wade,
The QUimeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank Of Wheeling,
Bowen, McNamee, Holmes and Stone have. or
pretendto have, some claim by way Of deed or
s' - ,s ~ .iS1 TIA n Sn GsSI 1sS54
some part ofthe same; but he says that all such
and subordinate to that Of said AyTault. The said
Ayraut further sets forth that SAID defendant,
Harriet E. Ward, who is the wife Of said HOratio
N Ward, heretofore held g. mortgage upon said
premises, or a part thereof, to secure the pay
ment of the sum ofS4,0O0 90, which mortgage is
yet uncanceHed 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, W .lliams, Chamberlain, Carey,
that they may be ordered to pay the same with
in some short period 10 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 farther rehefin the premises as may
be just and equitable.
The defendants, not served with process will
answer said petition by the 21st day Of March,
1873, OF the matters alleged in said petition will
be taken as true, and Judgment rendered as
prayed for in said petition.
RANNEY, BACKUS 4 NOBLE,
January 9th, 1858. Plh's Attys.
jauZ9:450