Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-09-24
FOr 4ake superior.
THE EWNI,LK LKNOWN

agnnst
Evelyn H. Wilcox, Cath @
arne Wilcox, Henry @.
Burtman, Joshua ] No
Clntock and Edward
Whlpple, defendants.
THE defendants who have not received
notice bV service of summons herein, viz ::
Henry c. Burtnan and Edward Whipple will
take notice that on the lash day of September,
L. D.. 1868, the plaintiff flea his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there.
N that the defendant Evelyn h. wilcox on the
10th day Of November 1861, executed and deliT-
cred to the defendant McCliatock his five prom
rory notes, one for sl57, payable June lst,
one for $500, payable November lst, 1868; one for
$500, payable November 1st, s64, and one for
$500 PAYABLE November 1st, 1865, all bearing In
terest from the dars thereof; that to secure the
payment Of these notes said defendants Evelyn
Fl. Wilcox and C4tharine Wilcox, wife Of said
Evelyn H. executed November goth. 1851. q
mortgage deed to said McClIntock, which is re-
corded in Cuyahoga County Records, Vol ll6,
page 4s4 according to the terms Of which mort
gage deed, said Evelyn r. Wilcox and his wife
Catharine conveyed to said McGlIntock the fol-
loWin described premises, situat- In the town;
ship Of Bedford in Cuyahogs County, Ohio, and
known IS the east part of lot No. thirty-nine,
boundf 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 !. Smith, containing forty three and
One-hundredth acres OF land; the condition or
which mortgage dee was such, that, whereas
sad EVELYN Wilcox did execute and deliver
as aforesaid his said five promisory notes IN said
MeCliDtock, nsald Evelyn n. Wilcox, his heirs,
assigns, executors or administrators, should
well and trnlV pay said notes according to their
tenor to SAID McCllntock, 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
one SI57 payable June lst, 1862, were duly
assigned by said McClin ock tp the Plaintiff who
still holds them that Of said NJ tes so assigned,
the one for 500, pay 'ble November lst, 1852,
came to maturity November Ath, 1862 but was
not then paid nor any part thereof, and that the
same ha not since been paid either in whole or
pa t. That said defendant Burtman, who elairas
some interest in said premises, has according to
the best Of plaintiff knowledge and beliefno in
tersst therein OF any validity that to the best OF
plaintiffs knowledge and belief, the note for
S157 above mentioned payable June LIST, 1852 has
been fully paid that the defendant Whipple
claims some interest IN said premises by virtue
Of q certain Judgment given 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 9a-I00, aportion OF which re-
mains unpaid and the Judgment to that extent
unsatisfed, but that plaintiff being ignorant
whether said ~Whippls and McClintock have at
this time any subsisting lien upon said premis
~, demands proof Of the same said petition
therefore asks that account be taken OF the
amount due plaintiff, his mortgage foreoloaed,
the prioTitjes of lien determined, the said lands
and tenemsnts ordered TO be sold, the proceeds
or so much thereofas may be necessary, applied
70 the payment OF hia debt, and that he may
have such other and further relief in the premis
se as he IL in equity entitled to claim.
Said defendants, Purtman and Whipple, are
hereby notified that they are required TO appear
and answer IS petition on or before the third
Saturday after the 5th day OF November, A. D.,
1853. .--
sept2El2S Plaintiffs At -'"'s.