Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-12
LEGAL NOTICES,
nHE STATE OF OHIO, CUYAHOGA

Eleanor HOWARD EAEGuLEl40 DGIId huhAAu uO
ceased Eleanor Howard, J. Montgomery, Seth
A. Abbey, Orlando Cutter administrator Of Nell
ION Monroe deceased; Farley Sheldon, John
Johnson, Elijah Smith, W. S. Carpenter, n. 3.
Ella R.. Chittenden, Richard L. Chit
Orrin J. Howard, and Emogene G. How
The DEFENDANTS in this case will take notice
the plaintiff, has filed in said Court his petl-
ton against the above named defendants, which
Is in substance as follows; That on the
18th day Of November, A. D. 1880, the Ohio
Company was a corporation 10
Gated and doing business at New Albany
IN the State of Indiana, and by its act OF mcor-
poration was invested with Banking Privileges,
and with the rightto 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 existance, andis still invested
Aforesaid, that on sad 18th day Of November,
1860, Sebra Howard and Charles Howard were
partners doing usine under the name of s. q
c. Howard; That on said 18th OF November
1850, said 8. q G, Howard with one J. Mont
gomery, executed and delivered to said Ohio
Insurance Company their note for.
$500 payable
Applegate ESQ, Secretary, atthe Banking office
Of the Ohio Insurance Company, New Albany.
PAYMENT on which note having been duly de-
handed, was not made nor has Il since been PAID,
nor sny part thereof; that Afterwards and dur
ing the life Of the said Sebra Howard, to wit:
on the 9th day Of September l66l, said note
being due ana the salQ ,. q " hOMdIQ WlsuAlHd
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said S. & O.. Howard, that If the
said 5. sc. 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 paymant Of said note by a 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
years from said 18th day of September 1851;
That in pursuance of said agreement last above
stated the sad Sebra Howard with MS VIE
Eleanor Howard, executed and delivered to the
said Ohio Insurance Company, Of New Albany,
Indiana, q mortgage, Of which, copy IL attached
to said petition, on the following described
tracts or lots ofland, situated in the villages Of
| Olmsted Falls and MlddleburghI In the County Of
! CuyahOga 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, sthe old homestead or residence Of said
Towards, in said village, with about four and a
half acres OF ornamental and cultivated grounds,
with ont buildings and gardeners residence, now
/ occupied by W. BeatsOn WRring. Also, the
water power and lands at the village Of Mid
dleburgh, IN said County, containing, also,
a large quarry Of Beres 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 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 r
Dryden and his wife Harriet, one from GilIuIl
and four from Lester A.. Harmon All OF sac
Cuyahogs at Cleveland Ohio"
said lands being more particularly described
as follows: lst. Part Of section IL. in Mid.
Oleburg and bounded as follows: begin.
ming at the southeast corner Of land former.
ly owned by Betsey Fairchild, in the centre o.
tne East branch Of Rocky river, thence South
29S, East along the course Of said river 4 44-IOC
chains to the Southeast corner; thence South
Gls, West 3 7G-lOO chains thence North 1872
1 WASH AE-1n0 chains IN atoba- fhanaa NortH gTp
East 2 59-lOO chains to the place OF beginning
containing l 3T-lUO acres, with the saw mill and
all the privileges thereof, reserving the reser-
walton Of Clark GOss and Ashbel ButtOlph tC
pass aud re-pass with teams or otherwise, made
IN their deed to Sylvester r. Hays. I'd. Also
another piece in said section, and OF
the East side Of the above described lot com.
mencing in the center Of the East branch o.
Rocky river, 6 rods above the mill dam, beinl
the Northwest corner Of q three acre lot deed.
ed by Jonathan Vaughn to Abraham S. Under.
hill thence North 90, Esstto the centre of the
RackJOrt road, thence along the centre Of the
road NOrtherly Il rods, thence South Gle, Wesl
10 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 "a
contain l acre Of land and conveyed to Sebra S
Howard by James Gilreth BY deed in vol 70, Guy.
Ofland in section IL, Middleburg, bounded as fol.
lows: commencing at a point IN the centre o.
Front street, in the South line Ofthe Right of Way
ofthe c.. C.. a C. Railroad, thence along the centre
Il U EANA AAOAA EAAGE ~ Ah4A wv uEu UI EN4u CE'
bra Howard, (belng one acre OF land,1 thence
South Go, West 10 the centre of Rocky river
the East branch thereof, thence NORTHWESTERN
| along the centre Of said river 10 the south line
thence alOng said South line to the place
of beginning containing about 5 acres o.
land, and the same land conveyed by Wallace
and Warnerto said Howard by deed IN CuyahOga
Co. Records, vol. 50, page 343 18th. Also, a part o.
section a, in MlddlebuTg, bounded rs follows. be.
ginning IN the centre Of the East branch Of Rocky
80 - - liz -
and p, thence South on said line to the
centre Of the highway, thence North-westerly in
the centre Of the highway to the South line oi
the Right Of Way Of the c.. c.. & C. Railroad,
thence Easterly along said South line
TO the centre of Rocky river; thence
South-easterly along said river centre to
the place Of beginning, containing, about
l acre. 9th, Also, q part of Lot No. 1, Tract
No. 3, in the township Of Olmstead, and
bOundedbegnning at the Southwest corner OF
| Lot l, thence East 8 rods, thence North running
at an average oIo RODS rom me centre Of sad
river the distance Of 10 rods thence West 8 rods
to the centre of said river, thence along the
c5ntre Of said river TO the place OF beginning,
containing Hof an acre Of land, subject to the
right Of said arnum and his assigns 70 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 bsed for the transit Oflumber,
| stone, &c, with the privilege ofspace Of loading
and unloading cars on the bank. Also a reser-
YatOn Of the privilege Of flowing water back up
| on the land as described in deed OF John Barn
I'm TO Peter Kidney, Oct. 10, 1895, recorded in
Cuyhoga county Records, in vol. 70, page 6l5.
6, Also in Olmsted Falls village, in Olmsted
Township, and bounded as follows Beginning
at a point on Bridge street, 4 rods west of the
southwest corner Of a lot sold by me to A. W.
Sabin; thence west along Bridge street to the
center Of River street; thence in the center OF
River street nOrtherly to the north line Of tract
one; thence east on said line TO Q. 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 Salina and o.. c. Wright; thence southerIy along
Salin Il WrighCs west line to the place Of Begin
ming, reserVtngh 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. Z. Also
another piece IN Olmsted Falls village, known as
sub lots 81 and SO in said village. 5. Also another
piece IN said village and known as sublOt No. Sin
said village. These three parcels were conveyed
by l.. A. Harmon to Howard. See vol. 80, page 495
OF CuyahOga Co. Records. 9. Alse in the village
OF Olmsted Falls, and intending to describe and
convey town lots Nos. ninety-three, ninety -four,
ninety-hve, ninety-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 reserving 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, sup
posed to contain about AZ acres Of land. Deed
to Howard acknowledged June 10, 1852, and re-
corded in volume 100, page 30 of CuyshOga COun-
ty Records. From the lots "a and 50, should be
excepted a part sold by Howard to Murphy May
7, 1850. Sec volume I0i, page COS Of said Records.
10. Also sub lots Nos. 4, 8, 8 and 7 in Olmsted
Falls village. IL. Also in Olmsted Falls village,
the whole ofsub lot No. 81 and the north part Of
50 not before conveyed to A. SpsUlding. Deed
from LA Harmon, volume %, page GIL. u. Al
so the following described piece Of land to be
used for railroad purposes, viz: Commencing
at a point one hundred and ninety feet north OF
the center Of the Cleveland q Toledo Railroad
track thence westerly along said track curying
northwardly atthe rate Of ten degrees to the hun
dred feet, (sald curved line being indicated by
stakes set at intervals Ofhfty feet q thence south
along the west line Of Dryden's land to the cen
ter Of said railroad track thence eastwardly
along the north line OF said track to the place Of
beginning. said piece or parcel ofland may re-
vert to the said @. P. 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 not. This deed IS made to Howard and his
wife Ellen, volume73, page go, which first men,
toned mortgage is recorded in Cuyahoga Coun-
fU Ram0rna waNmr0a 1NE n~wra UEQ - ON ..-I