Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-17
new ADVERTISEMENTS.
TVHE STATE OF OHIO. CUYAHOGA

4
County, g. 8. In Court Of Common Pleas. |
Civil action for money and sale Of lands.
George V. HoWk Plaintiff vs.. Charles Howard, /
Eleanor Howard Executrix Of Sebra Howard de- /
ceased Eleanor Howard, ]. Montgomery, Seth =!
A. Abbey, Orlando Cutter administrator Of Nell /
son Monroe deceased; Farley Sheldon, John /
johnson, Elijah Smith, W. s. Carpenter, n. 5. /
Carpenter, Ella R. Chittenden, Richard L. Chit ]
tenden, Orrin J. Howard and Emogene Q. HON
ard, defendants.
The defendants in this case will take notice
that the plaintiff, has fled in said Court his Pet-
ton against the above named defendants, which
ls in substance as folloWs: That on the
18th day Of November, A. D. 1850, the Ohio
Insurance Company was q corporation To-
Gated and doing business at New Albany,
IN the State Of Indiana, and by its act Of ineor-
poraton was invested with Banking Privileges
and with the right to exact and take for the loan
Of money on notes, drafts and other securities,
rate OF interest not exceeding ten per eentum
per annum. That the said Ohio Insurance Com
pany in full legal existsnce, and is still invested
with the same rights, privileges, and powers
1860, Sebra Howard and Charles Howard were
partners doing business under the name Of 8. 4
c. Howard. That on said 18th OF November
1860, said s. 4 c. Howard with one J. Mont
gomery, executed and delivered to said Ohio
Insurance Company their note for.
$500 payable
Two months after date to the order of @. B.
Apologize ESQ. Secretary, atthe Banking ONCE
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 life Of the said Sebra Howard, to wit
on the 9th day Of September. 1851, said note
being due and the said s. 4 G. Howard wishing
was entered into between said Ohio Insurance
Company and said s. G. Howard, that il the
said S. & @. Howard would pay interest at the
rate Of ten per eentum per annum, upon sid
note, to said Ohio Insurance Company, and would
secure the paymsnt of said note by good and
sufficient mortgage upon resl 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 9th day Of September 1861:
That in pursuance OF said agreement last above
Eleanor Howard, executed and delivered TO the
said Ohio Insurance Company, OF New Albany,
Indiana, mortgage, Of which, copy is attached
to said petition, on the following described
tracts or lots ofland, situated in the villages of
OlmSted Falls and Mlddleburgh in the County OF
Cuyahoga and State Of Ohio, and known as the
Large Howard Quarrg, 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 ". Beatson Wsring. Also, the
water power and lands at the village Of Mid
dleburgh, in said County, containing, also,
o 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 is de-
hnitely described in seven deeds 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 four from Lester A Harmon, all Of said
deeds are recorded in the Office OF Records for
CuyRhoga at Cleveland Ohio"
said lands being more particularly described
as follows: lst. Part Of section IT, in Mid
dleburg and bounded as follows: begin
ming at the southeast corner Of land former
ly owned by Betsey Fairehild, in the centre of
the East branch OF Rocky river, thence South
29S, East along the course Of said river 44-I0O
chains to the southeast corner; thence South
6I@, West 8 76-1OO chains thence North 1879,
West4 46-lOO chains to stake; thence North 6l@,
East 2 59-lO0 chains to the place of beginning,
containing 37-l00 acres, with the saw mill and
all the privileges thereof, reserYing the reser-
vation Of Clark Goss and Ashbel Buttolph to
pass aud pass with teams or otherEise, made
in their deed to Sylvester R. 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 rods above the mill dam, being
the North west corner Of three acre lot deed
ed by Jonathan Vaughn to Abraham s, Under
hill thence North 6l', East to the centre Of the
RockpOrt road, thence along the centre Of the
road NOrtherly II rods, thence South 6Ie, West
to the centre Of the river; thence with the een-
tre Of the river or East line of the first describ-
ed lot to the place Of beginning, supposed to
contain acre OF land and conveyed 20 Sebra s.
Howard by James Gilreth bT deed in vol 73, Guy
aho2a Co. Records page Gil. Also, another piece
lows: commencing at point in the centre of
Front street, in the South line ofthe Right of Way
ofthe C. c. c. Railroad, thence along the centre
Of said Front street to land owned by said Sc
bra Howard, (0eing one acre OF land,l thence
South Gl', West 10 the centre OF Rocky river,
the East branch thereof, thence North westerly
along the centre OF said river TO the south line
OF the Right OF Way OF the Q. c. 4 9. Railroad,
thence along said South line TO the place
Of beginning, containing about 8 acres OF
land, and the same land conveyed by Wallace
and Warner to said Howard by deed in Cuyahoga
Co. Records, vol. 50, page 343 4th. Also part Of
section "a, 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 -Westerlyin
the centre Of the highway TO the South line Of
the Right Of Way Of the c. c. 4 C. Railroad,
to the centre OF Rocky river; thence
SOuth-easterly along said river centre to
the place OF beginning, containing, about
l acre. oth' Also part OF Lot No. l, Tract
No. o IN the township Of Olmstesd, and
bounded beginning at the Southwest corner of
Lot !, thence East 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,
cohtaiaing q of an acre Of land, subject to the
right of said Barnum and his assigns 70 construct
road way from the bed Of tho river to such
point on the bank as he may deem best, by him
or his ASST gns to be used for the transit ofumber
stone, &C, with the privilege ofspace Of loading
and unloading cars on the bank Also a reseT-
YatlOn Of the privilege Of flowing water back up
on the land as described in deed Of John Barn
um TO Peter Kidney, Oct. 10, 1886, recorded in
Cuyhoga county Records, deeds recordedin vol.
rs, page 6l5.
6. Also in Olmsted Falls village, in olmsted
Township, and bounded as follows: Beginning
at point on Bridge street, 4 rods west Of the
southwest corner OF q lot sold by me to A. W.
Sabini 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 c. p Dryden's
northwest corneri thence southerly to a hollow
maple tree glazed and crossed thence south
erly to the northwest corner Of land sold by me
TO Salln and y. G. Wright; thence southerly along
Salln Wnghps west line to the place OF begin
ming, reservtng = 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. T. Also
another piece in Olmsted Falls village, known as
sub lots 81 and 50 in said village. g. Also another
piece IN said village, and known as sub lot No. Sin
sald village. These three parcels were conveyed
by l.. A. Harmon to Howard. See vol. so, page 495
OF Cuyahoga Co. Records. 2. Alse in the village
of Olmsted Falls, and intending to describe and
convey town lots Nos. ninety-three, ninety -four,
nlnety-hVes nlnety-slX, mnety-seVen, ninety
eight, n nety mine and one hundred, and 80 much
Of Howard street as was conveyed in 9 former
deed to said Howard by said Harmon, excepting
and reserVing therefrom alOt with house there
on sold by L. A. Harmon to the Junction Rail-
road Company, rods front by 10 rods rear, sup
posed to contain about ~ acres Of land. Deed
to Howard acknowledged June 10, 1852 and re-
corded in volume l20 page 80 Of Cuyahoga Coun-
ty Records From the lots % and 95, should be
excepted a part sold by Howard to Murphy May
Z, 1850 See volume l04, page COS Of said Records.
10. Also sub lots Nos. 4, 8, 6 and in Olmsted
Falls village. IL. Also in Olmsted Falls village,
the whole ofsub lot No. 81 and the north part Of
55 not before conveyed to A. SpauldinR. Deed
from L. A. Harmon, volume 73, page GIL. Il. Al
so the following described piece Of land to be
DurDOsaa. COnnm1nnninG
at point one hundred and ninety feet north Of
the center Of the Cleveland 4 Toledo Railroad
track thence westerly along said track curEing
northWsrdly az the rate Of ten degrees 10 the hum
dred feet, (said curved line being indicated by
stakes set at intervals offty feet thence south
along the west line Of Dryden's land to the CEN
ter Of said railroad track thence sastwardly
along the north line Of said track to the place Of