Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-14
LEGAL.

The State Of Ohio) In Court Of Common Pleas,
ss. sale Of lands.
Franklin T. BackUs, P!'f,l
againsl
arine Wilcox, Henry G.
Burtman, Joshua j. Nc d H.-
Chinook and Edward
Whlpple, defendants.
VIE defendants who have not received
notice by service Of summons herein, viz:
Henry G. Burtmsn and Edward Whpple VIII
take notice that on the l4th day Of September,
A. D. 1868, the plaintiff flea his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
in that the defendant Evelyn H. Wilcox on the
Goth day ofNovember 1861, executed and deliy-
cred to the defendant McClintock his five prom
isory notes, one for sl57, payable June lst,
1862 one for $500. payable November lst, 1862
one fOr $500, payable November 1st, 1868; one for
$500, payable November Ist, 1864, and one for
$500 payable November 1st, 1865, all bearing in
terest from the date thereof; that to secure the
payment of these notes said defendants Evelyn
H. Wilcox and Catharne Wilcox, wife Of said
Evelyn H. executed November goth, 1861,
mortgage deed to said McCllntOck, which is re-
| page 4s4 (; according to the terms Of which mort
| gage deed, said Evelyn H. Wilcox and his wife
Catharine conveyed to said McChntock the fol-
lowing described premises, situate in the town
| snip OF Bedford IN CuyahOga County, Ohio, and
/ known as the east part of lot No. thirtY-nine
bounded north, south and east by the line OF
said lot and west by ten acres of land in said lot
/ heretofore decided by James Berdan and wife to
| Sylvester ]. Smith, containing forty three and
/ one-hundredth acres Of land; the condition of
/ which mortgage dee was such, that, whereas
| sad Evelyn H. Wilcox did execute and deliver
as aforesaid his said five promisory notes to said
| McCllntock, if said Evelyn b. Wilcox, his heirs,
| assigns, executors or administrators, should
well and truly pay said notes according to their
| tenor to said McCiintock, his heirs or assigns,
| then said mortgage deed should be void but
| otherwise remain in full force and virtue and
| furthermore that all Of said notes, except the
/ one for sl57, payable June 1st, 1862, were duly
| assigned by said McCln ock to the Plaintiff who
still holds them that of said Nc tes so asst gned
| the one Tor S2O., payable November lst, 1852,
/ came to maturity November 4th, 1862 but was
not then paid nor any part thereof, and that the
same has not since been paid either in whole or
part That said defendant Burtman, who claims
some interest in said premises, has according to
= the best Of plaintiff knowledge and belieinO in
terest therein OF any validity that to the best Of
{ plaintiffs knowledge and belief, the note for
$l57 above mentioned payable June lst, 1862, has
been fully paid; that the defendant Whlpple
/ claims some interest in said premises by virtue
| of q certain judgment given in his favor against
l the defendant McChntock and others by the
| Court of Common Pleas within and for said
| County and State in the May term of said Court,
A. d. 1859 for s421 g6-lO0, aportion Of which re-
| mains unpaid and the Judgment to that extent
| unsatished, but that plaintiff being ignorant
| whether said Whipple and MeClntOek have at
/ this time any subsisting lien upon said premis-
/ es, demands proof of the same said petition
| therefore asks that account be taken OF the
| amount due plaintiff, his mortgage fOreclOsed,
| the priorities of lien determined, the said lands
| and tenements ordered to be sold, the proceeds
/ or so much thereofas may be necessary, applied
/ to the payment Of his debt, and that he may
have such other and further relief in the premis-
/ es he is IN equity entitled to claim
| Said defendants, Burtman and Whipple, are
| hereby notified that they are required to appear
and answer SAID petition on or before the third
| Saturday after the 9th day of November, A. D.,
/ 1868.