Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-19
LEGAL.


The State Of okio0 In Court Of Common Pleas,
CuyahogaCounty, Civil action for money and
ss sale Of lands.
Franklin T. Bacz1s, pl'h,
against
Evelyn n. wilcox, Cath
arine Wilcox, Henry @.
Burtmsn, Joshua J. Nc.
Cllntock and Edward
Whipple, defendants.
HNHE defendants who have not received
i notice by service Of summons herein, viz.
henry z. Burtmsn and Edward Whipple will
take notice that on the l4th day Of September,
A. D. 1868, the plaintiff fled 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
10th day Of November 1s61, executed and deliv-
cred to the defendant McClintock his five prom
isOry notes, one for Sl57, payable June 1st
1862; one for 500, payable November lst, 1862 !;
one for $500, payable November 1st, 1868; one for
$500, payable November 1st, 1854, and one for
$500 payable November lst, 1865, all bearing in
terest from the date thereof; that to secure the
payment of these notes said defendants Evelyn
| H. Wilcox and Catharine Wilcox, wife OF said
/ Evelyn II. executed November goth, 1861, a
| mortgage deed to said McClintoek, which is re-
! corded in Cuyahoga County Records, Vol. ll6,
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
/ ship 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 70
| sylvester J. smith, containing forty three and
| one-hundredth acres Of land the condition OF
| which mortgage deet was such, that, whereas
i said Evelyn H. Wilcox did execute and deliver
as aforesaid his said i've promisoTy notes Y said
/ McCimtOek, fsald Evelyn B.. Wilcox, his heirs,
/ assigns, executors or administrators, should
| well and truly pay said notes according to their
| tenor to said MeCiintOek, 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 s157, payable June 1st, 1862, were duly
assigned by said MeClinloek to the Plaintiff who
stu holds them that OF said nc tes so assigned
| the one for S2Or, payable November lst, 1862
| 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 OF
} part. That said defendant Burtman, who claims
some interest in ssid premises, has according to
the best Of PLAINTIFF knowledge and beliefno in
terest therein of anY validity ;that to the best o.
plaintiffs knowledge and belief, the note fol
Sl5I above mentioned payable June lst, 1862 has
!, been fully paid; that the defendant Whipple
| claims some interest IN said premises by virtuS
| Of certain Judgment gwen IN his favor agalns
the defendant MeClintOck and others by the
| Court Of Common Pleas within and for sale
| County and State in the May term Of said Court
A D. 1853 for s42l 96-lOo, sPortion Of which re
mains unpaid and the judgment to that extent
| unsatished, but that plaintiff being ignorant
| whether said Whipple and MeClintock have a
| 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 priorites Of lien determined, the said landi
| 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 es he is IN equity entitled to claim.
| Said defendants, Burtmsn and Whipple, are
| hereby notified that they are required 70 appear
and answer said petition on or before the third
Saturday after the 5th day OF November, A. D.
| 1868.
/ BACKUS & NOBLE,
| aaNkpI.TpQ