Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-26
LEGAL.


The State Of Ohiol In Court OF Common Pleas,
CuyahOgaCounty, Civil action for money and |
IS. sale OF lands.
Franklin T. Bsek1s, PI't,
against
Evelyn II. Wilcox, Cath
arine Wilcox, Henry G.
Burtmau, JOshua J. Nc.
Clintock and Edward
WhippIe, defendants.
n NHE defendants who have not received
notice by service OF summons herein, viz
Henry Q. Burtman and Edward Whipple will
take notice that on the 18th day Of September,
A. u: lsgS the plaintiff hled his petition in the
the above named defendants, setting forth there
in lsst the defendant Evelyn H. Wilcox the
10Th day OF November 1851, executed and deliv-
cred to tne defendant MeCliRtoek his i've prom
isOTy notes, one for S157, payable June Ist,
1862 one for $500, 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
teTest from the date thereof; that to secure the
payment Of these notes said defendants Evelyn
H. Wilcox and Catharine Wilcox, wife OF said
Evelyn II. executed November 10th, 1861,
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 H Wilcox and his wife
Catharine conveyed to said McClntOck the fol-
lowing described premises, situate in the town
ship of Bedford in CuyahOga County, Ohio, and
known as the east part Of lot No. thlrty-nine,
l
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 de6t was such, that, whereas
/ SAID Evelyn II. Wilcox did execute and deliver
as Aforesaid his said i've promisory notes to said
McChntock, If said Evelyn h. Wilcox, his heirs,
| assigns, executors or administrators, should
well and truly pay said notes according to their
! tenor to said McChntOek, his heirs or asst gns,
/ then said mortgage deed should be void but
| nd
/ furthermore, that all Of said notes, except the
| one for Sl57, payable June lst, 1862, we're duly
/ assigned by said McClintOck to the Plaintiff who
still holds them that Of said notes so assigned,
| the one for 500, payable November lst, lSd2
/ came TO maturity November 4th, 1852, but was
not then paid nor any part thereof, and that the
/ same has not since been paid either in whole or
part. That said defendant Burtman, who claims
| some interest in said premises, has according to
| the best Of plaintiff knowledge and beliefnO in
terest therein Of any validity that to the best Of
/ plaintiffs knowledge and belief, the note for
| Sl57 above mentioned payable June lst, 1862, has
| been fully paid; that the defendant Whipple
| claims some interest in said premises by Yirtue
| OF q certain judgment gwen IN MS iaYOr 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. ID. 1853 for S42l 96-lO0, portion Of which re-
mains unpaid and the Judgment to that extent
unsatisfed, but that plaintiff being ignorant
whether said Whipple and McChntock have at
/ this time any subslsting lien upon sad premis-
/ est ueulanus proof Ol the shiilef sdlu p6LltlOn
| therefore asks that account be taken OF the
i amount due plaintiff his mortgage foreclOsed,
the priOrities OF lien determined, the said lands
| and 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 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 said petition on or before the third
Saturday after the 5th day Of November, A. D.,
| 1868.
| BACKUS & NOBLE,
/ annt2A-Tpg Plaintiffs Atforueva