Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-09
G NOTICES.
THB STATE OF OHIO, CUYAHoGA

LANL SAAAAN
The Defendants in this case will take notice
that the plaintiff, has fled in said Court his petit
ton against the above named defendants, which
Is in substance as follows: That on the
18th day of November, A. D. 1S6O, the Ohio
Insurance Company was a corporation To-
IN the State of Indiana, and by H3a1 of ineor-
poration was invested with BANKING Privileges,
and with the rightto exact and tak6for the loan
of money on notes, drafts and other securities, a
rate Of interest not exceeding ten per eentum
per annum. That the said Ohio Insurance Com
pany Is in full legal eXistance, andlS still invested
with the same rights, privileges, and powers
aforesaid, that on sad 18th day of November,
1860, Sebra Howard and Charles Howard were
partners doing business under the name of S. &
3. Howard. That on said 18th Of November
1860, said s. & @. 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.
Apologize 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 IL 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. & C. Howard Wishinga |
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said S. & G. Howard, that If the
said 5. & c. Howard would pay interest at the
rate Of ten per centum per annum, upon ssld
note, to said Ohio Insurance Company, and would
! EHEuAG NAu NLy AAaAAN VI 7h1 W. " "a 6OVAn ANA
! sufficient mortgage upon real estate, the said
Ohio Insurance Company would extend the time
of payment Of sad note one half for one year
from said September Zlthi and one hall lntWo
wears from said 18th 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 10 the
said Ohio Insurance Company, Of New Albany,
Indiana, a mortgage, Of which, acOpyis attached
to said petition, on the following described
tracts or lots ofland, situated an the villages Of
! OImsted Falls and IIddlehurgh IN the County of
| C1yahoga and State Of Ohio, and known as the
| Large Howard Quarry, at Olmsted, 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,
a 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 8 de-
finitely described in seven deedst 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 fam all of said
deeds are recorded in the Office III Records for
CUyahoga at Cleveland Ohio"
Said lands being more particularly described
as follows: lst. Part Of section IL. in Mid
dleburg and bounded as follows: begin
ming at the southeast corner of land former
ly owned by Betsey Fairchild, in the centre of
the East branch Of Rocky river, thence South
29S, East along the course of said river 4 HOO
chains to The Southeast corner; thence South
6le, Vests 76-lOo chains thence North 1879,
West4 46-IOO chains 70 stake; thence North CT,
East 2 59-lOO chains to the place OF beginning,
containing 1 37-lOO acres, with the saw mill and
all the privileges thereof, reserying the reser-
walton Of Clark Goss and Ashbel Buttolph to
pass aud re-pass with teams or otherwise, made
In their deed to Sylvester X. Hays. I'd. Also,
another piece IN said section, and on
the East side Of the above described lot COM
mencing in the center Of the East branch of
Rocky river, 6 rods above the mill dam, being
the Northwest corner Of a three acre lot deed
ed by Jonathan Vaughn 10 Abraham S, Under:
hill thence North GU, Eastto the centre of the
Reekgort road, thence along the centre of the
road NOrtheriy u rods, thence South Gle, West
to the centre of the river; thence with the CEN
tire of the river or East line Of the first describ-
ed lot to the place Of beginning, supposed to
contain l acre Of land and conveyed to Sebra S.
Howard byjamesG llreth by deed in vol 70, Guy
ahOga Co. Records page GIL. Also, another piece
oflsndm section II, Middleburg, bounded as fol-
lows: commencing at a point in the centre of
Frontstreet, IN the South line Ofthe Right of Way
Ofthe c. c. & G. Railroad, thence along the centre
Of said Front street to land owned by said Sc
bra Howard, (being one acre OF land,) thence
South 60, West to the centre of Rocky river,
the East branch thereof, thence NOrth-westerly
along the centre OF said river TO the EOuth line
OF the Right OF way OF the C. G. & @. Railroad,
thence along said South line 10 the Mace
of beginning, containing about 8 acres Of
land, and the same land conveyed by Wallace
4 anu " 1AANA " aaiA A40MNAA Ul uEEu III AuNAn04I
Co. Records, vol. 50, page34S. 4th. Alse, apart Of
section p, in Middleburg, bounded as follows: be-
ginning in the centre OF the East branch of Rocky
river, on the section line between sections II
and "A, thence South on said line to the
centre Of the highway, thence North-westerlyi in
the centre Of the highway to the South line of
the Right Of Way Of the G. G. & c. Railroad,
thence Easterly along said South line
to the centre of Rocky river; thence
Scuth-easterly along said river centre to
the place Of beginning, containing, about
| / nprn. nth AIaO- a mart Of Lot No I fpraaf
No. 5, in the township of Olmstead, and
notwithstanding at the Southwest corner of
Lot l, thence East 8 rods, thence North running
at an average offs rods from the centre of said
river the distance Of IS rods, thence West rods
to the centre Of said river, thence along the
centre Of said river to the place OF beginning,
cohtaialng y 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 such
point on the bank as he may deem best, by him
| or his assigns to be used for the transit OflBmher-
stone, &c, with the privilege ofspace of loading
and unloading cars on the bank. Also a reser-
Walton oil the privilege Of flowing water back up
on the land as described in deed of John Barn
UNI to Peter Kidney, Oct. 10, 1885, recorded in
CuyhOga county Records, in vol. 70, page els.
6. Also in OlmSted Falls village, in Ofmsted
Township, and bounded as follows: Beginning
at a point on Bridge street, 4 rods west of the
southwest corner Of q lot sold by me to A. W.
Sabln thence west along Bridge street To the |
center Of River street, thence IN the center of
hiYer street ncrtheTly to the north line OF tract |
one thence east on said line to C. P. Dryden's
northwest corner thence sOutherly to a hollow !
maple tree, glazed and crossed thence south |
erly to the nOrthwest corner Of land sold by me
to Salin and O.. c.. Wright; thence sOutherly along |
Salin & Wrights west line 10 the place ofbegin7 |
nmg, reserVtng q Of an acre sold by said Harmon
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. 7. Also |
another piece in Olmsted Falls village, known as |
sub lots 5Zand So in said village. 8. Also another |
piece in said village, and known as sub lot No. Bin |
said village. These three parcels were conveyed
by LA Harmon to Howard. See vol. 90, page 495
of CuYahoga Co. Records. 9. Alse in the viiIatga |
OF Olmsted Falls, and intending to describe and
convey town lots Nos. ninety-three, ninety-foar, 4
nlnety-hYe, .nlnety-six, ninety-seven, ninety
eight, n-nety-nine and one hundred, and so much |
Of Howard street as was conveyed in a former
deed to said Howard by said Harmon, excepting |
and reserVlng therefrOm alOt with a house there /
on sold by L. A. Harmon to the Junction Rail |
road Company, 4 rods front by 10 rods rear, sun
posed to contain about AZ acres Of land. Deed |
TO Howard acknowledged June 10, 1852, and re- /
corded IN volume 10, page 36 Of CuyahOga Coun- |
ty Records. From the lots "a and 80, should be |
excepted a part sold by Howard to Murphy May |
q lS6O- See volume lO4, page COS Of said Records.
H.. Also sub lots Nos. 4, 8, g and in Olmsted
Falls village. II. Also in Olmsted Falls village,
the whole Ogsub lot No. 81 and the north part OF |
% not before conveyed to A. Spaulding. Deed |
nom LA Harmon, volume 70, page 621. u. Al
so the following described piece Of land 10 be i
used for railroad purposes, viz: Commencing
at . point one hundred and ninety feet north Of |
the center of the Cleveland q Toledo Railroad
hdCA > hhGuCG westerly dlOug halQ Track CurVlng /
n~OrthWaTdly atthe rate of ten degrees TO the hmm.
bred feet, (said curved line being indicated by
stakes set at intervals ofhfty feet y thence south
along the west line Of Dryden's land to the cen
ter Of said railroad track thence eastwardIv
along the north line Of said track to the place Of
beginning. SAID piece or parcel of land may re-
vert to the said 9. T. Dryden by his paying the
sum above mentioned to the said Sebra Howard |
IN case 1t should not be continued in use for rail-
road purposes, said Dryden to elect when dis
continued whether he will take the same back
or mt This nnnm - WnnIa 70 uawa-l - L. I
wife Ellen, VOLUNTEERS, page $40, which first mem
toned mortgage is recorded in Cuyahoga Coun-
~ Records, volume lS5, pages 1858 and $50, and
Is IN null force and virtue Plaintiff claims to be
thelegal owner, holder ard assignee of said note
and mortgage, and that no part Of the debt Sc
cured by said mortgage has been paid, and
by the terms Of the said mortgage one-half
m0rtgage ON the said nnta. With intaraat |