Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-19
G NnTIEES,
THE sTATE OF OHIO. CUYAHOGA

HNHE STATE OF OHlU, CU1AHOdA
County, S. s. In Court Of Common Pleas.
Civil action for money and sale Of lands.
George V. HoWk Plaintiff rs. Charles Howard,
Eleanor Howard ExeeutrLx OF Sebra Howard de-
ceased Eleanor Toward, ]. Montgomery, Seth
A. Abbey, Orlando Cutter administrator Of Mel
son Monroe deceased; Farley Sheldon, John
Johnson, Elijah Smith, W. S. Carpenter, n; s.
Carpenter, Ella R. Chittenden, Richard L. Chit
tenden, Orrin ]. Howard, and Emogene c. How
The defendants in this ease will take notice
that the plaintiff, has fled in said Court his petit
i ton against the above named defendants, which
is in substance as follows: That on the
18th day of November, A. d. 1850, the Ohio
Insurance Company was a corporation To-
4 Gated and doing business at New Albany, /
IN the State of Indiana, and by its act Of incOr-
~Doration was invested with Banking Privileges, |
and with the right to exact and take for the loan
of money on notes, drafts and other securities, a
rate Of interest not exceeding ten per centum
per annum. That the said Ohio Insurance Com
pany Is in full legal existanee, andis still invested
with the same rights, privileges, and powers
aforesaid, that on SAID 18th day Of November,
1850, Sebra Howard and Charles Howard were
partners doing business under the name of 5. q
{. Howard. That on said 18th OF November
1850, said s. 4 c, Howard with one j.. Mont
gomery, executed and delivered TO said Ohio
Insurance Company their note for.
$500 payable
APPRECIATE 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 fife of the said Sebra Howard, to wit:
on the 9th day Of September, 1861, said note
being due and the said 5. q c.. HoWardwishinga
further extension of the same, an agreement
was entered into between said Ohio Insurance
Company and said s. & c.. Howard, that If the
said s. @. Howard would pay interest at the
r rate of ten per centum per annum, upon said
note, ossid Ohio Insurance Company, and would
2 secure the paymant Of said note by n good and
sufficient mortgage upon real estate, the said
D Ohio Insurance Company would extend the time
/ Of payment Of said note one half for one year
l from said September 9th, and one half in two
: years from said 18th day Of September 1851;
/, That in pursuance of said agreement last above
E stated the said Sebra Howard with his wife
, Eleanor Howard, executed and delivered to the
{ said Ohio Insurance Company, Of New Albany,
4 Indiana, a mortgage, of (which, acopyis attached
3 to said petition, on the following described
. tracts or lots ofland, situated in the villages Of
d Olmsted Falls and Middleburgh in the County Of
= Cuyahoga and State of Ohio, and known as the
I Large Howard QuarrF, at Olmsted, with railroad
= connecting It to the Cleveland 4 Toledo Railroad,
n with the water power Of Rocky River thereon.
Also, tho old homestead or residence Of said
Towards, in said village, with about four and a
half acres Of and cultivated grounds,
with ont buildings and gardeners residence, now
= occupied by W. BeatsOn Warlng. Also, the
water power and lands at the village Of Mid
n dleburgh, in said County, containing, also,
a large quarry OF BeEea Stone, extending
IF from the Cleveland & Columbus Railroad to six
i 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
q | Barnum and his vile Ann, one from CYRUS r.
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 for
CuyahogR at Cleveland Ohio"
K Said lands being more particularly described
" as follows: lst. Part Of section II. in Mid
dleburg and bounded as follows: begin
ming at the southeast corner of land former
-e ly owned by Betsey Fdirchild, in the centre OF
the East branch OF Rocky river, thence South
299, Eastalong the course Of said river 4 H-IO0
81 chains to the Southeast corner; thence South
81, West 3 76-lOO chains thence North 1879,
West4 4G-IOO chains to stake; thence North 90,
East 2 $500 chains to the place OF beginning,
containing l 37-lOO acres, with the saw mill and
le all the privileges thereof, reserving the reser-
ri walton of Clark GOss and AshbeI ButtOIph to
IN pass aud re-pass with teams or otherwise, made
d in their deed to Sylvester R. Hays. ID. Also,
"a another piece in said section, and on
b the East side Of the above described lot com
L mencing in the center Of the East branch of
h Rocky river, 6 rods above the mill dam, being
the Northwest corner Of a three acre lot deed
ed by Jonathan Vaughn to Abraham 5. Under
le hill thence North CT, East to the centre Of the
a. ReckpOrt road, thence along the centre Of the
1t road NOrtherly u rods, thence South Go, West
id TO the centre of the river thence with the cen
Q. tire OF the river or East line Of the hrst describ-
At ed lot to the place Of beginning, supposed to
I'M contain l acre of land and conveyed to Sebra s..
le Howard by James Gill eth by decd in vol. 70, Guy
ahoga Co. Records page Gil. Also, another piece
ofland in section II, MIddleburg, bOundedas fol-
lows: commencing at a point IN the centre of
= Frontstreet,i nthe South line ofthe Right Of Way
ofthe c. .. q C. Railroad, thence along the centre
. OF said Front street to land owned by said Sc
Is bra Howard, being one acre Of land,) thence
III South 6l', West TO the centre Of Rocky river,
the Fest branch thereof, thence N-orth-Westerly
: along the centre of said river to the South line
Of the Right of Way Of this c. C. & C. Railroad,
thence along said South line to the place
"a OF beginning containing about 8 acres OF
land, and the same land conveyed by Wallace
q and Wanerto said Howard by deed IN Guyahoga
y Co. Records, vol. 81, page 343. 4th. Also, apart Of
y section q, in MIddleburg, bounded as follows: be-
Z ginning IN the centre OF the East branch Of Rocky
river, on the section line between sections II
u / and u. fhpnpn Snnth on said linz 70 fha
q centre Of the highway, thence Northwestern in
/ the centre Of the highway to the South line Of
the Right o. Way of the @. @. h c. Railroad,
= thence Easterly along said South line
y to the centre OF Rocky river; thence
Z South-easteTly along said river centre to
7 the place Of beginning, containing, about
I l acre. 9th, Also, a part Of Lot No. I, Tract
g No. s, in the township Of Olmstead, and
Q bOundedbegnning at the Southwest corner Of
= Lot l, thence East 3 rods, thence North running
{ at an average offs rods from the centre Of said
y river the distance of Is rods, thence Vests rods
to TIE centre of said river, thence along the
; centre OF said nYer to the place Of begInnlng,
e cohtaiaing q of an acre Of land, subject to the
right of said Barnum and his assigns to construct
a roadway from the bed Of tho river to such
point on the bank as he may deem best, by him
. or his assigns to be dfOr the transit Oflumber,
stone, &e., with the privilege Ofspace of loading
y and unloading cars on the bank. Also a reser-
walton Of the privilege Of flowing water back up
on the land as described in deed of John Barn
I UNI to Peter Kidney, Oct. 10, 1885, recorded in
q Cuyhoga county Records, in vol. rs, page CTS.
- NH AAARt ~ AAAaA a ais AAAaEGH III OAAANAEA
U Township, and bounded as follows: Beginning
e al a point on Bridge street, 4 rods west Of Che
southwest corner Of a lot sold by me to A. W.
Sabin; thence west along Bridge street to the
7 center of River street; thence in the center Of
, River street n~Ortherly to the north line Of tract
, one thence east on said line to c. T. Dryden's
a northwest corner; thence 5~Outlerly to n hollow
5 maple tree, glazed and crossed thence south
eriy to the northwest corner Of land sold by me
TO Salin and q. C. Wright; thence southerly along
l Salin 4 Wrights west line TO the place ofbegin-
ming, reservtng Z of an acre sold BY said Harmon
l TO the Junction Railroad Company 10 the south
l 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 a.
} sub lots 2and SO in said village. .. Also another
? piece in said village, and known as subIot No. Bin
said village. These three parcels were conveyed
by LA. Harmon to Howard. See vol. SO, page g5
; OF CuyahOga Co. Records. 8. Also in the village
> OF Olmsted Falls, and intending to describe and
convey town lots Nos. ninety-three, nfnetv-four,
nlnety-hve, ninety-six, ninety-seven, ninety
: eight ninety-niue and one hundred, and so much
of Howard street as was conveyed in n former
deed to said Howard by said Harmon, excepting
and reseryingtherefrOm slOt with a house there
on sold by L. A. Harmon to the Junction Rail
, road Company 4 rods front bV 10 rods rear. suD-
posed to contain about AZ acres Of land. Deed
to Howard acknowledged June 10, 1852, and re-
corded IN volume 12O, page 80 Of Cuyahoga Coun-
ty Records. From the lots % and 95, should be
excepted a part sold by Howard to Murphy Nav
q 1850, See volume l04, page6o3 Of said Records.
10. Also sub lots Nos. 4, 8, 6 and Z in Olmsted
81 Falls village. IL. Also in Olmsted Falls village,
the whole OFsub lot No. 81 and the north part Of
80 not before conveyed to A. Spaulding. Deed
from l. A. Harmon, volume 70, page Cpl. u. Al
so the following described piece OF land to be
used for railroad purposes, VIZ: Commencing
at q point one hundred and ninety feet north OF
the center Of the Cleveland & Toledo Railroad
track theneeEesteriy along said track curving
~northwardly atthe rate Of ten degrees to the hun
dred feet, (said curved line being indieatad nv