The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1863-01-09
In Common Pleas,
Civil Action.

MOTIFS seas, plolnllI,
versus
Sylvenas Il. Hit and Civil Action.
Elizabeth b. Hit, his
wife, et al delenda nts.
SAlD defendants, Syvenus b. Hit and Eliza.
- beth Hit, his wife, who are non re sdents of
the State OF Ohio, will take notice. that on The
22n1 day Of October. A. d. 1862, the plaintiff,
Morris Searls, filed in the Office of the Clerk Of
said Court, his certain petition. and commences
an action against said defendants and others
Said peti lion sets forth in substance that on the
LIST day OF Nov, A. ID. 1858. said Sylvenus b.
Hit made and delivered his five several promis.
sorry notes OF that date, each for the SUN of S56.-
&c, TO one Ashur Warner payable in two, three,
foul, hive and six years from the date thereof
with interest annually. That on The 26Ib day of
Nov. A. ID. 1858, to secure the payment OF said
notes and interest, said, defendant above named
executed and delivered TO said Warner, deed,
commonly called mortgage deed. therein and
thereby conveying to said Warner the following
lands and tenements situate in said County Of
Geauga and State OF Ohio being in the tow nsliip
OF Hambdon, and known by part OF lot No. l5
in Bond tract in said township, and bounded as
follows: beginning on the north margin OF the
road leading from Chardon TO Jefferson, nj the
east line Oi the Public Square in Humbden, thence
north eastorly on the margin Of said road, to the
west line Of land formerly decided 10 Thos. Brown,
by Austin Carver ana wife; thence north 35 de-
grees, west about l2A rods to a stake thence
south IS degrees, west about chnins 60 links TO
Dost at the north eust corner OF the said Public
Sqnare, thence south 35 degrees, eusl to the place
OF beginning, containing one acre OF land with
the building thereon. Said dsed was sube to
a condition olteieasuuce therein expressed. that
1t said Sylvenus b. Hit, should pay snid notes al
maturity, then the same to be Void, otherwise TO
remnin In full force. That on the 9th day OF
December, A d. 1858, at . o'clock A. M. said
mort gage deed was delivered 10 the Recorder of
said county, aud by him entered Of record on the
9TH dny OF December, 1858, In Vol. Sc, Geau9a
County Records Of Mortgages. pnges l64 & l65
That said mortgage deed, by written assignment
thereon, has been duly assigned aud together with
the notes. aforesaid transferred TO tho plaintiff,
and he is now the absolute owner thereof. That
said deed has become absolute and that there is
due and unpaid upon said several promissory
notes above described and mentioned in said
mortgage deed. the OF 81 39, "a, with interest
from October 22nd, A. ID. 1869
The petition also AYERS that one Rebecca Quig.
gle and one John Il. Field claim an interest In
said premisest--lhat one Oliver Hit is in possess
ion OF said premi ises bnt by what right or title
the Plaintiff s uninformed; that he Is committing
waste thefeoni and that said Syvenus is insol-
vent.
The prayer of tho petition is that the defend.
ants answcr-thnt said Oliver Hit be restrained
from committing further waste and that plaintiff
have Judgment against said Sylvenus B. Hlu tor
suid sum ol S,39,34 and interest as aforesaid-and
that said mortgage be foreclosed, that said prem
ises be old and the proceeds applied to the pay
ment OF said judgment and other and further re.
lief. The defendants will answer said Petition
on or be- eore the J. 4tli day OF Feb. A. D. 1868.
THRASHER, DURFEE & &HATHAWAY,
Attorneys for Plaintiff.
Dated December llth, 1869 574w6