Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-26
LEGAL NOTICES.



IN COMMON PLEAS, CUYAHOGA
County. Oho.-For money and sale Of lands.
Daniel H. Fitzhugh, Ephraim Cone and Walter
Ayrault, deceased, Plaintiffs, vs.. Ellery O. WI
liams, Henry Chamberlin, Henry W. Clark, John
E. Cary, HoratO n. Ward, Harriet E. Wa d, Reu-
ben Hitchcock, John P. Wheeler, LSthrOpW Da-
Wis, James S. WadsWorth, John u Armstrong, re
ceiver Of the Canal Bank OF Cleveland, u, NJ
Isett, William G. Brewster, Charles L. Camp,
The City Bank Of Cleveland, The Cleveland and
Mahoning Railroad Company, Edward WADE,
The Qufmeipiac Bank, Isaac Adams Jr.s The
Merchants and Mechanics Bank Of Wheeling,
Henry ID. Bowen, Theodore MeNamee, Samuel
P. Holmes, Horace Foote, James P. Melien, Hen
~ l.. stone, Defendants.
Anyofthe said defendants who have net been
served with process will take notice that on the
9th day of December, 1865, Allen Ayrault, then IN
full life but now deceased, and ofwhOm plaintiffs
are Executors, iled his petition in the above
named Court which petition sets forth In sub
stance
Williams and Cham6erlin, for a valuable conside-
cation advanced to them by sad Allen Ayrault at
GeneseO, in the state ofNeW York, delivered to
said Ayrault their joint and several note, dated
on said Sd day OF April, payable months after
date to the order Of Norman Chappell at the
Metropolitan Bank, New York, for $1,000 90 with
interest, which was duly indorsed by said Chap
pell 70 said Allen Ayrault- That about July o,
1851, at GeneseO aforesaid, said Ayrault still be-
ing holder of said note, at instance Of said E. e.
Williams and Chamberlin received in substltu-
said Williams & Cham6erlin, Henry W. Clark and
John T. Carey, bearing date at said Gentseo, July
5 1854, payable January Sd, 1896, to the order Of
said Ayrault at the Metropolitan Bank, New York,
for 5000 90 with interest aunuSly, and that by
the law Of the state Of New York, he rs entitled
TO recover at the rate Of seven per cent interest
per anuum on the same, and therels due on the
same Sz.JOo 70 with interest az seven per cent 10
be computed as aforesaid, from July 8, 1855, for
which plaintiffs ask judgment.
2. That about July ., 1854, at said GeneseO SAID
L a
delivered 70 SAID grault another Joint and sew
eral note, executed by SAID Williams, Chamber
hn, Clark and Carey, payase 10 the order Of said
Ayrault July I, 1850, at said Metro pOlItan Bank,
for sJ,UQJ OJ with interest annually, the rate Of
| interest in the State ofNcw York then and there
beng seven per centum per anuurn that said
note is wholly unpaid and there is due to said
| AyraGlt on the same, the sum OF 5000 with an
nual interest thereon from July o. 1865 az the rate
Oft per cent per annum-ior which plaintiffs ask
| Judgment.
3D. That on said 9th day Of July, 1854, at said
/ Geneseo, said Williams S Chamberlain, for the
purpose, among other things OF securing the
| payment Of sald notes. delivered to soid Allen
Ayrault q mortgage deed beaIlng Qale July 8,
1dJf and executed on that date by said Ellsry G..
! Williams and Caroline NJ Williams his wife who
has since deceased) upon the following described
] premises to wit: one equals undivided helfm COM
mon Of the following described tact OF land, SIT
uate in the township Of NewbeIeh, beng number
seven IN the lzth range Of townships in the Con-
uectcut Western Reserve, in the State Of Ohio,
and Whichis also in she county OF Gu yohoga and is
known as being part Of 100 acre lot No 3j3, and
] is bounded as follows: On the east, north and
Wess by the original lines of said lot, and tine
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 nov laid said IN
divided - containing SO 94IOO acres fland. Also
the whole Of the following described lots sItUat
ed IN the city Of Cleveland, county and state
Aforesaid, 20 W.T.; SUB lot No. 10 N the Charles
IeylOrmrm, $50 calledl situated on Detroit street,
being 40 feet 'front.' by I5O feet deep, aud sub-lOt
No. i3 IN block No. 2, Of Baldwin & Seymour's
subdivision oflO acre lots 81 and 81 ON Hunting
ton street. beng 50 feet front by 10 feet deep
which said mortgage was, on the 10Th day Of Ju-
ly, 1854, at ~ clock A. NJ, duly delivered Tor
record TO the Recorder OF SliQ CuyahOga county
and by him dGy recorded On the 10th day 0fAu-
gust A. D. 1854, In CaTahOga county records, vol.
a. pages 426-7-s-al of hIch premise Ees the plan-
tits claim the right to sell by virtue Of said mort
gage on account ell the failure TO pay the notes
at0res ald-tO pay the amount dpe On said notes.
SAID yrault idrther sets forth in said petition
that said defendants, Hitchcock, Wheeler, DAVIS,
WadsWOrth, Armstrong, Receiver Jetts, Brew
ster, Camp, The City Bank Of CleTeland, The
Cleveland q Mahoning Railroad Company, Wade,
The Qumeipiac Bank, Isaac Adams, Jr-, The
Merchants and Mechanics Bank Of Wheeling,
Bowen, McNamee, Holmes and stone have or
pretendto have, some clam by way Of deed or
mortgage, byway Of judgment lien, upon said
promises Ia sad mOrtage described OF upon
some part o. the same but he SAYS that all such
liens or cOnYeyances, II any there be, are Inferior
aud subordinate to that Of said yrault. The said
Ayrault further sets forth that sad defendant,
Harriet Z. Ward, whe is the wife Of said Horatio
n. Ward, heretofore held a mortgage upon said
premises, or part thereof, TO secure the pay
ment Of the sum Of 900 ~, which mortgage is
yet uncaucelled ofrecOrd, but as Che sum to Sc
cure the payment of which said mo tgage was
given, fell due on the first day Of March, A. b.
1871, he charges that the same has been fully
paid
said Ayrault therefore asks that an sccount
may be taken Of the amount due him from said
defendants, Clark, W lhams, Chamberlain, Carey,
that they may be ordered toPcy the same with
in some short period to be fixed by the Court, in
that behalf, and that upon their failure TO pay
the same, said premises in said mortgage de
scribed, Be eordered to be sold MS 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 further relefin the premises as may
be Just and equitable.
The defendants, not served with process, viii
answer said petition by the 2lst day OF March,
1873, the matters alleged in said petition will
be taken as true, and judgment rendered as
prayed tor in said petition
RANNEY, BACKUs & NOBLE,
january 9th, 1883. Plf's Atfys.
jan29;430