Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-27
LEaAL NOTICES.
mlHE sTATE- OF OHIO. CuYAHOaA

| County, S. S. In Court Of Common Pleas. \
! Civil sctiOn for money and sale of lands.
! George Y. HoWk Plaintiff vs.. Charles Howard,
| Eleanor Howard EIecutriX Of SebTa Howard de-
i ceased; Eleanor Howard, ]. Montgomery, Seth
] A. Abbey, Orlando Cutter administrator Of Nel-
| son Monroe deceasedi Farley Sheldon, John
Johnson, Elijah Smith, W. s. Carpenter, N. :.
/ Carpenter, Ella r. Chittenden, Richard L. Chit
tenden, Orrin ]. Howard, and Emogene G. How
! ard, defendants.
The defendants in this case will take notice
that the plaintiff, has filed in said Court his pet-
/ ton against the above named defendants, which 1
| is in substance as follows: That on the
| 18th day of November, A. d. 1s60, the Ohio
| Insurance Company was corporation To-
/ Gated and doing business at New Albany,
/ IN the State Of Indiana, and by its act OF incor
/ poratiOn was invested with Banking Privileges,
and with the right to exact and take for the loan
Of money on notes, drafts and other securities, a
] rate OF interest not exceeding ten per eentum
Il per annum. That the said Ohio Insurance Com
pany IS in full legal eXistance, and is still invested
With the same rights, privileges, and powers
| 1860, Sebra Howard and Charles Howard were
| partners doing business under the name Of s.
3. Howard. That on said 18th OF November
| 1850, said S. c. Howard with one J. Mont
| gomery, executed and delivered to said Ohio
/ Insurance Company their note for.
! $500 payable
/ Applegate Esq. Secretary, atthe Banking office
] Of the Ohio Insurance Company New Albany.
! Payment on which note having been duly de-
manded, was not made nor has tsince been paid,
/ nor any part thereof; that afterwards and dur
4 ing the life of the said sebra Howard, to wit:
/ on the 9th day Of September, 1861, said note
| being due and the said s. & c. Howard wishinga
| further extension Of the same, an agreement
l was entered into between said Ohio Insurance
| Company and said 8. & C. Howard, that if the
| said s. c. Howard would pay interest at the
/ rate Of ten per centum per annum, upon said
note, to said Ohio Insurance Company, and Would
secure the paymant Of said note by good and
| sufficient mortgage upon real estate, the said
! Ohio Insurance Company would extend the time
/ of payment Of said note one half for one year
from said September 9th. and one half in two
/ years nom said 2Tth day Of September 1861:
! That in pursuance Of said agreement last above
/ stated the said Sebra Howard with his wife
! Eleanor Howard, executed and delivered to the
1 said Ohio Insurance Company, OF New Albany,
i Indiana, mortgage, Of which, copy is attached
I to said petition, on the following described
tracts or lots Ofland, situated in ths villages Of
| Olmsted Falls and Mlddleburgh in the County Of
/ Cuyahoga and State of Ohio, and known as the
Large Howard Quarry, at Olmsted, with railroad
connecting it to the Cleveland Toledo Railroad,
with the water power Of Rocky River thereon.
/ Also, the old Homestead or residence Of said
/ HoWards, in said village, with about four and
| hall acres Of ornamental and cultivated grounds,
| with out buildings and gardeners residence, now
| occupied by W. Beatson Waring. Also, the
| water power and lands at the village of Mid
| dleburgh, in said County, containing, also,
/ a large quarry Of Berea Stone, extending
| from the Cleveland 4 Columbus Railroad to six
| rods above the dam Of the old saw mill, with all
| the right to flow above. All said property is de-
| fnitely described in seven deeds TO said Howard
/ by the following parties, viz one from Luther
/ Banum and his wife Ann, from Cyrus P.
! Dryden and his wife Harriet, one from Gilruth
| deeds are recorded in the Office OF Records for
| CuyahOga at Cleveland Ohio.''
! said lands being more particularly described
/ as follows: lst. Part Of section IL. in Mid
/ dleburg and bounded as follows: begin
/ ming at the southeast corner OF land former
| ly owned by Betsey Fairchild, in the centre of
| the East branch OF Rocky river, thence South
29S, East along the course of said river 4 4f-IOO
chains to the southeast corner; thence South
UauN u noTra 10
! West4 46-lOO chains to stake; thence North Sc,
] East 59-lOO chains to the place of beginning
containing 37-lOO acres, with the saw mill and
all the privileges thereof, reserVing the reser-
| vation Of Clark GOss and Ashbel Buttolph to
! pass aud pass with teams or otherwise, made
in their deed to Sylvester R. Hays. I'd. Also,
another piece in said section, and on
| the East side Of the above described lot COM
mencing in the center Of the East branch of
Rocky river, rods above the mill dam, being
/ the Northwest corner Of a three acre lot deed
ed by Jonathan Vaughn to Abraham s. Under
hill; thence North 6lo, East to the centre of the
| Rockport road, thence along the centre of the
road Northerly u rods, thence South 6I0, West
to the centre Of the river; thence with the cen
tre Of the river or East line of the first deserib-
| ed lot to the place Of beginning, supposed to
| contain acre Of land and conveyed to Sebra s.
| Howard by James Gilreth By deed in vol ~ Cuy-
ahOga Co. Records page GIL, Also, another piece
oflandin section IL, Middleburg, bounded as fol-
! lows: commencing at point in the centre of
| Fronts street. IN the South line Ofthe Right of Way
Ofthe G. g. & G. Railroad thence along the centre
| OF said Front street to land owned by said Sc
| bra Howard, (being one acre Of land,) thence
! South 6l9, West to the centre of Rocky river,
the East branch thereof, thence North westerly
along the centre Of said river TO the south line
/ Of the Right of Way Of the c. C. & c. Railroad,
thence along said South line to the place
| Of beginning containing about 5 acres Of
| land, and the same land conveyed by Wallace
and Warner to said Howard by deed in Cuyahogs
Co. Records, vol. 81, page 343 4th Also, part Of
section "A, in Aliddle6urg bounded as follows: be-
ginning in the centre Of the East branch Of Rocky
Hfaa
and p, thence South on said line te the
centre Of the highway, thence North-westerly in
the centre Of the highway to the South line of |
the Right Of Way Of the @. c. & C. Railroad, |
thence Easterly along said South line
70 the centre Of Rocky river; thence |
South-easterly along said river centre to |
the place Of beginning, containing, about |
acre. 9TH, Also, a part Of Lot No l. Tract |
No. 8 in the township Of Olmstead and |
boundedbeglnning at the Southwest corner of |
Lot l. thence East rods, thence North running /
at an average offs rods from the centre of said |
river the distance Of Is rods, thence West Srods |
to the centre Of said river, thence along the /
cohtaiang q of an acre Of land, subject to the
right of said Barnum and his assigns to construct
a road way from the bed Of tho river to such |
point on the bank as he may deem best by him
or his assigns to be usedfor the transit oflumber
stone, &c, with the privilege of space of loading
and unloading cars on the bank. Also a reser-
Yatlon Of the privilege Of flowing water back up
on the land as described in deed of John Barn |
um to Peter Kidney, Oct. 10, 1885, recorded in
Cuyhoga county Records, in vol 49, page 6l5.
6. Also in Olmsted Falls village in -Oinstad ]
Township and bounded as follows Beginning
al point on Bridge street, rods west of The !
southwest corner Of lot sold by me to A. W. |
Sahni thence west along Bridge street to the
center OF River street, thence IN the center Of
RlVer street nOrtherly to the north line of tract
one thence east on said line to @. P Drydenis
northwest eorneri thence southerly to a hollow
maple tree, glazed and crossed thence SOUTH
erly to the northwest corner Of land sold by me
70 sam and u q wright; thence southerly along
Salln 3 Wrighrs west line to the place Of begin
ilhg' reserltng = OF an acre sold by said Harmon
TO the Junction Railroad Company IN the sOuth- !
east corner Of the land here oonveved. being 1
rods on Bridge street and ten rods deep. Z. Also
another piece in Olmsted Falls village known a. |
sub lots % and SO in said village. g. Also another
piece IN SAID village, and known as sublot No Sin
sald village. These three parcels were conveyed
Dy L. a. Harmon to Howard. See vol So mace 4q5 ,
OF Cuyahoga Co. Records. .. Alse in the VILLAGE |
Of Olmsted Falls, and intending to describe and
convey town lets Nos ninety three, ninety-four,
1lnety-nVei nlnety-slX, ninety-seYen, ninety
eight ninety mine and one hundred, and so much {
OI Howard street as was conveyed in a former |
Iced to said Howard by said Harmon, excepting
and reSerYlng therefrom lot with a house there
On sold by L. A. Harmon to the Junction Rail
road Company, rods front by 10 rods rear snD-
posed to contain about "a acres of land. Deed
10 Howard acknowledged June 10, 1852, and re- {
,oTHed IN volume l20, page SO Of Cuyahoga Coun-
y Records. From the lots "a and g5, sRould be
sXcepted part sold by Howard to Murphy NAV
. 1850. See volume 104, page COS Of said Records
10. Also sub lots Nos. 4, 8, 6 and in Olnnsted Z
Falls village. IL. Also in Oinsted Falls VILLAGE
he whole ofsub lot No. "a and the north part Of 3
. not before conveyed to A. Spauding Deed
rom 2, L, "a a; harmon, volume 70, page 62l. II. Al
10 the following described piece Of land to be .
ised for railroad purPosos, viz Corninenciug
I a point one hundred and ninety feet north Of =
ne center OF the Cleveland Toledo Railroad 7
rack thence westerly along said track curving |
lorthWardly atthe rate of ten degrees to the hum
ired feet, tsald curved lne being indicated by
taxes set at intervals ofhfty feet J thence south
long the west line Of Dryden's land to the cen 4
er Of said railroad track; thence east,Fardly
long the north line Of said track 70 the PLACE Of
,eglnnlng. sad piece or parcel Of land may re-
-ert to the said @. P. DRYDEN by bis uavino tba E
nm ahoEa rnantinrad 10 tLn Ia Il..s3.--l