Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-08
LEGAL.


The State Of Oh O) In Court Of Common Pleas,
CuyahogaCounty, Civil action for money and
S. sale OF lands.
Franklin T. Baek1s, pff.
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry G. :
Burtman, Joshua J. Nc.
Clintock and Edward
Whpple, defendants.
THE defendants who have not received
notice by service of summons herein, viz:
Henry c. Burtmsn and Edward Whipple Will
take notice that on the l4th day Of September,
A. D. 1868, the plaintiff flea his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
in that the defendant Evelyn &. Wilcox on the
20th day of November 1861, executed and deliT
cred to the defendant McCiiRtock his FIVE prom
isory notes, one for Sl57, payable June LIST,
1852; one for S20O, payable November lst, 1862 ;
one for $500, payable November 1st, 1868; one for
| 500, payable November lst, 1854, and one for
/ 500 payable November lst, 1865, all bearing in
terest from the dats thereof; that to secure the
/ payment of these notes said defendants EVELYN
Il. Wilcox and Catharine Wilcox, wife OF said
/ Evelyn b. executed Nogemher 10th, 1861, a
mortgage deed to said MeClntock, which is re-
/ corded IN CuyahOga County Records, Vol. u6,
page 4s4 according TO the terms Of which mort
| gage deed, said Evelyn b. Wilcox and his wife
Catharine conveyed 10 said MeClmtoek the fol-
lowing described premises, situate IN the town
| ship of Bedford IN CuyahOga County, Ohio, and
known ss the east part OF lot No thlrty-nlne,
/ bounded north, south and east by the line Of
said lot and west by ten 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 h. Wilcox did execute and deliver
as aforesaid his said i've promisUry notes to said
McClintock, if sad Evelyn 3. Wilcox, his heirs,
/ assigns, executors or administrators should
well and truly pay said notes according to their
i tenor to SAID MeChntOck, his heirs or assigns,
/ then said mortgage de- ed Should be void but
/ otherwise remain in full force and virtue and
| furthermore, that all Of said notes, except the
/ one for SI57, payable June lst, 1852, were duly
/ ASST igned by said McClin ock b the Plaintiff who
still holds them that Of said nc tes so assigned
| the one for $40, payable November lst, 1872,
/ came to maturity November 4th, 1852, but was
| not then paid nor any part thereof, and that the
| same ha- not since been paid either in whole or
/ pat. That said defendant Burtman, who claims
| some interest in said premises, has according to
/ the best of plaintiff knowledge and belief no IN
terest therein Of any validity that, to the best Of
plaintiffs knowledge and belief, the note for
/ $l57 above mentioned payable June lst, 1852, has
1 been fully paid; that the defendant Nhlpple
| claims some interest IN said premises By virtue
| of q certain Judgment gwen in his favor against
/ the defendant McChntOck and others by the
| Court Of Common Pleas within and for sad
/ County and state in the May term Of said Court,
A. D. 1893 for SiZl g6-lO0, aportlon Of hich re-
mains unpaid and the Judgment TO that extent
/ unsatished, but that plaintiff being ignorant
| whether said Whipple and McChntock have at
i this time any subslsting lien upon ssid premis-
/ es, demands proof Of the same; said petition
/ therefore asks that account be taken Of the
| amount due plainuff. his mortgage foreclOsed,
the priorities OF lien determined, the said lan0s
snd tenements ordered TO be sold, the proceeds
| or SO much thereOfas may be necessary, applied
to the payment Of his debt, and that he may
have such other and further relic in the premis-
/ es as he is in equity entitled to claim.
| Said defendants, Rurtman and Whipple, are
| hereby notified that they are required TO appear
/ and answer sa petition on or before the third
Saturday after the 5th day Of November, A. D.,
1858.