Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-23
LEGAL NOTICES.
HyHE STATE OF OHIO. CUYAHOGA

Civil action for money and sale of lands.
George V. HOWk Plaintiff vs., Charles Howard,
Eleanor Howard Executrix of Sebra Howard de-
ceased; Eleanor Howard, J. Montgomery, Seth
A. Abbey, Orlando Cutter administrator OF Nell
son Monroe deceased; Farley Sheldon, John
johnson, Elijah Smith, W. s, Carpenter, N. s.
Carpenter, Ella r. Chttenden, Richard L. Chit
tenden, Orrin J. Howard, and Emogene O. 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
is in substance as follows That on the
| 18th day of November, A. d. 1880, the Ohio
Insurance Company was a 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 righttO exact and take for the loan
of money on notes, drafts and other securities,
I rate OF interest not exceeding ten per eentum
per annum. That the said Ohio Insurance Com
pany in full legal exstanee, and is still invested
with the same nghtsl privileges, and powers
aforesaid, that on said 18th day Of November,
/ 1860, Sebra Howard and Charles Howard were
| partners doing business under the name Of S. &
/ {. Howard. That on said 18th OF November
/ 1860, said s. & C. Howard with one J. Mont
| gomery, executed and delivered to said OHIO
Insurance Company their note for.
Two months after date to the order of C. B.
| 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 it since been paid,
/ nor any part thereof; that afterwards and dur
! 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. & G. Howard wishing
| further extension of the same, an agreement
| was entered into between said Ohio Insurance
/ Company and said S. Q. Howard, that if the
/ said s. 4 G.. 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 paymRnt 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
! wears from said 9th 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
said Ohio Insurance Company, Of New Albany,
Indiana, mortgage, OF which, copyls attached
to said petition, on the following described
tracts or lots Ofland, situated in tho villages Of
| Olmsted Falls and Mlddleburgh in the County Of
CuyahOga and State of Ohio, and known as the
/ Large Howard Quarry, at Omsted, 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 a
half 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,
q large quarry Of Berea Stone, extending
from the Cleveland & 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
Barnum and his wife Ann, one from Cyrus p
Dryden and his wife Harriet, one from Gilruth
and four from Lester A. Harmon, all Of said
deeds are recorded in the Office of Records fol
Cuyahoga at Cleveland Ohio"
said lands being more particularly described
as follows: lst. Part Of section II. in Mid
dleburg and bounded follows: begin
ming at the southeast corner Of land former
ly Owned by Betsey Fairchild, in the centre o
tue East branch OF Rocky river, thence Soutf
29S, East along the course Of said river 44-1O
| chains to the southeast corner; thence SoutI
} 6I', West 76-lO0 chains thence North 1879
West4 4G-lOO chains to stake; thence North u"
East 2 59-l00 chains to the place Of beginning
containing 3T-lOO acres, with the saw mill anC
all the privileges thereof, reserYing the reser
vation OF Clark Goss and Ashbel Buttolph t,
pass aud re-pass with teams or otherwise, mad,
in their deed to Sylvester R. Hays. I'd. Also
another piece IN said section, and ol
the East side Of the above described lot com
mencing in the center of the East branch o
Rocky river, rods above the mill dam, bein;
the Northwest corner of three acre lot deed
, I ed by Jonathan Vaughn to Abraham 8. Under
hill ; thence North GIS, East to the centre of tn
ROckport road, thence along the centre Of tn
} road Northerly y rods, thence South Gle, Wes
to the centre Of the river thence with the cen
tire OF the river or East line Of the first deserib
ed lot to the place of beginning supposed t.
contain acre of land and conveyed 20 Sebra S
Howard by James Gilreth by deed in vol 70, Guy
ahOga Co. Records page GIL. Also, another piee
ofland in sectionll, Middleburg, bounded as fol
} lows: commencing at point in the centre o
! | - - VI " .
ofthe c. G. & C. Railroad, thence along the centr
OF said Front street to land owned by said Sc
bra Howard, (being one scre Of land,) thenc
South Gle, West TO the centre of Rocky river
the East branch thereof, thence North -WesterI
along the centre Of said river 10 the eouth linz
, of the Right of Way of the c. G. 4 c. Railroad
thence along said South line to the plac
Of beginning, containing about o acres O
land, and the same land conveyed by Wallac,
and Warner to said Howard by deed in Cuyahogi
Co. Records, vol. 81, page 343 4th. Also, part o
section "a, in MiddlebuTg, bounded as follows: be
ginning in the centre OF the East branch Of Roskl
river, on the section line between sections L
and "A, thence South on said line to the
centre Of the highway, thence NOrth-Westerly il
the centre of the highway to the South line o
the Right Of Way Of the @. G. O. Railroad
thence Easterly along said South line
South-easterly along said river centre tC
the place Of beginning, containing, abou
1 acre. 9TH, Also part Of Lot No. 1, Tract
No. 8, in the township Of Olmstead, anC
boundedbeginning at the Southwest corner o.
Lot !, thence East rods, thence North running
at an average offs rods from the centre of said
river the distance Of 10 rods, thence West 6 rods
to the centre OF said river, thence along the
c9ntre Of said river to the place OF beginning
cohtaiaing = 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 sucl
point on the bank as ne may deem best, by him
or his assigns 20 be used for the transit oflunber
stone, &c, with the privilege of space Of loading
and unloading cars on the bank Also q reser.
on the land as described in deed of John Barn
um to Peter Kidney, Oct. 10, 1885, recorded in
CuyhOga county Records, in vol. 7S, page 6l5
6. Also in Olmsted Falls village, in Olmsted
| Township, and bounded as follows: Beginning
at point on Bridge street, rods west Of the
southwest corner Of lot sold by me to A. W
Sabin; thence west along Bridge street to the
| center Of River street; thence in the center oi
River street nOrtherly to the north line Of tract
one; thence east on said line to C. P. Dryden
northwest corner; thence southerly to q hollow
| maple tree, glazed and crossed thence south.
| erly 70 the northwest corner Of land sold by me
to Salin and o. c. Wright; thence souIherly along
Salin d Wright west line to the place OF bepin-
| to the Junction Railroad Company IN the south
! east corner Of the land here conveyed being 4
| rods on Bridge street and ten rods deep. Z. Also
another piece IN Olmsted Falls village, known as
sub lots 81 and 90 in said village. 5. Also another
piece in said village, and known as sub lot No. Sin
| said village. These three parcels were conveyed
/ by l.. A. Harmon to Howard See vol. 90, page 495
| OF Cuyahoga Co. Records. 9. Alse in the village
| OF Olmsted Falls, and intending to describe and
convey town lets Nos. ninety-three, ninety -four,
| ninety-iye, ninety-six, ninety-seven, ninety
/ eight ninety nine and one hundred and so much
/ OF Howard street as was conveyed in former
/ deed to said Howard by said Harmon, excepting
| and reserYing therefrom a lot with house there-
| on sold by L. A. Harmon to the Junction Rail-
| road Company, rods front by 10 rods rear SUD-
/ posed to contain about AZ acres of land Deed
to Howard acknowledged June 10, 1852, and re-
corded in volume l20' page 36 Of Cuyahoga Coun-
/ ty Records. From the lots % and 95 should be
i excepted part sold by Howard to Murphy May
Z, 1850. See volume lO4 page COS Of said Records.
| 10. Also sub lots Nos. 4, 5, and in Olmsted
| Falls village IL. Also in Olmsted Falls village,
| the whole ofsub lot No. o. and tho north part OF
/ % not before conveyed to A. Spaulding. Deed
| from L. A. Harmon, volume 75, page 62I. u. Al
/ so the following described piece of land to be
] USED ior ralrosd purposes, viz: Commencing