Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-03-11
LEGAL NOTICES,
IN COMMON PLEAS, CUYAI

County, Ohio.-For money and sale of fIsnds
Daniel Il. Fitzhugh, Ephraim Cone and Walter
ceased, Plaintiffs, vs.. Ellery G. Williams,
Henry Chamherlin, Henry W. Clark, John
E. Cary, Horatio n. Ward, Harriet E. Ward, Reu-
ben Hitchcock, John P Wheeler, LRthrop W. Da-
Wis, James S. WadsW orth, John n. Armstrong, re-
celver Of the Canal Bank Of Cleveland, +. NJ.
Isett, William G. Brewster, Charles L. Camp,
The City Bank Of Cleveland, The Cleveland and
Mahoning Railroad Company, Edward Wade,
The Qumeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank Of Wheeling,
Henry IL. Bowen, Theodore MeNamee, Samuel
P. Holiness Horace FoOtes James P. Mellen, Hen
~ l.. Stone, Defendants.
Any ofthe said defendants who have not been
served with process Will take notice that on the
9Th day OF December, 1855, Allen Ayrault, then in
full life but now deceased, and ofwhom plaintiffs
are Executors, filed his petition in the above
named Court, which petition sets forth in sub
stance
1st. That about April Sd, 1854, the defendants,
Williams and Cham1erlins for a valuable conside-
cation advanced to them by said Allen Ayrault at
GeneSeO, in the State of New York, delivered to
said Ayrault their iOint 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 5000 % with
interest, which was duly lndOrsed by said Chap
pell to said Allen Ayrault. That about July 8,
1854, at GeneseO Aforesaid, said Ayrault still be-
ing holder of said note at instance Of said E. G..
Williams and Chamberlin received in substtu-
ton for said note, the Joint and several note of
said Williams & Chamberlin, Henry W. Clark and
John K. Carey, bearing date at said Geneseo, July
., 1851 payable January Sd, 1856, to the order of
said Ayraulta at the Metropolitan Bank, New York
for 5000 10 with interest annually, and that by
the law Of the State OF New York, he is entitled
TO recover at the rate Of seven per cent interest
per annum on the same, and there Is due on the
same $500 90 with interest at seven per cent. to
be computed as aforesaid, from July 8, 1850 for
which plaintiffs ask judgment.
2 That about July 8, 1854, at said GeneseO SAID
E. G. Williams ana Cnamb berlin, for value received,
delivered TO said Agrault another joint and sew
eral note, executed by said Williams, Chamber
lin, Clark and Carey, payable to the order of said
Ayraut July l. 1886, at said Metropolitan Bank,
for $1,000 90 with interest annually, the rate Of
interest in the State OfNeW York thea and there
being seven per centum per annum; that said
note is wholly unpaid and there Is due to said
Ayrault on the same, the sum Of $1,000 with an
nual interest thereon from July s. 1850 at the rate
Of 7 per cent per annum-for which plaintiffs ask
Judgment.
Sd. That on said 5th day of July, 1854, at said
GeneseO, said Williams a Chamberlain, for the
purpose, among other things of securing the
payment Of SAID notes. delivered to said Allen
Ayrault a mortgage deed bearing date July 8,
1884, and executed on that date by said Ellery G..
Williams and Caroline NJ. Williams MS wife (WhO
has since deceased) upon the following described
premises to wit; one equal undivided halfn COM
mon Of the following described tract OF land, SIT
uate in the township OF Newbergh, being number
seven in the 18th range OF townships in the Con-
neetcut Western Reserve, in the State OF Ohio,
and which is also in the county Of Guy ChOga and is
known as being part 100 acre lot No. j53, and
is bounded as follows: On the east, north and
west by the original lines of said lot, and on the
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 now laid, said un-
divided u containing 81 S4-lUO acres Ofland. Also
the whole Of the following described lots, situat-
ed in the city OF Cleveland, county and State
aforesaid, to wit: Sub lot No. 46 IN the Charles
TaylOrar $50 cgiled) situated on Detroit street,
being 40 feet front BY $50 feet deep, and sub-lOt
No. - in block No. 2, OF Baldwin & Seymour's
subdivision OflU acre lots 81 and 81 on Hunting
ton street, beng 80 feet front by l20 feet deep
which said mortgage was, on the 10Th day of Ju-
ly, 1854, at 954 o'clock A. NJ, duly delivered for
record TO the Recorder Of said CuyahOga county
and by him duly recorded ON the 10th day Of Au
gust A. u. 1901, IN CuYGhoga county records, vol.
"A, pages 426-7-S-all (which premises the plain
ttf5 claim the right to sell by virtue OF said mort
gage on account of the failure to pay the notes
afOresaid-to pay the amount due on said notes.
Said Ayrsult further sets forth in said petition
that said defendants, Hitchcock, Wheeler, DAVIS,
WadsWOrth, Armstrong Receiver Jetts, Brew
ster, Camp, The City Bank of Cleveland, The
Cleveland q MahOning Railroad Company, Wade,
The Quimeipiac Bank, Isaac Adams, JT., The
Merchants and Mechanics Bank Of Wheeling,
Bowen, McNamee, Holmes and Stone have. or
pretend to have, some claim by way Of deed or
mortgage, by way of Judgment lien, upon said
premises in said mOrt9ge described or upon
some part ofthe same bat ne says that all such
liens or cOnyeyances, ifany there be, are Inferior
and subordinate to that OF said Ayrault. The said
AyTault further sets forth that s9ld defendant,
Harriet E. Ward, who is the wife Of said Horato
n Ward, heretofore held a mortgage upon said
premises, or part thereof to secure the pay
meut OF the sum Of 4,OjO 0O, which mortgage Is
yet uncancelled OF record, but as the sum to Sc
cure the payment Of which said mortgage was
given, fell due on the first day of March, A. d.
1867, he charges that the same has been fully
paid. Said AyTauit therefore asks that an account
may be taken of the amount due him from said
defendants, Clark, W lliams, Chamberlain, Carey,
that they may be ordered to pay the same with
in some short period to be fixed by the Court, IN
that behalf, and that upon their failure 10 pay
the same, said premises in said mortgage de-
scribed, be ordered 10 be sold as 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 reliefin the premises as may
be Just and equitable.
The defendants, not served with process, will
answer said petition by the 2lst day Of March,
1Sg3 or the matters alleged in said petition will
be taken as true, and judgment rendered as
prayed for in said petition
RANEEY, BACKUs & NOBLE,
January 9th, 1863. Plf's Att'ys.
jan29:430