Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-26
LEaAL NOTICES.
THE STATE OF OHIO, CUYAHOGA

son Monroe deceaSedi Farley Sneldons JOnn |
johnson, Elijah Smith, W. s. Carpenter, n: 5
CARPENTER, Ella R. Chittenden, Richard L. Chit
tenden, Orrin ]. Howard, and Emogene Z. How
ard, defendants.
that the plaintiff, has filed in said Court his peq-
ton against the shove named deiendantsi Whleh
is in substance as follows: Inat on Ine
18th day Of November, A. D.. ls00, the Ono
Insurance Company was a corporation 10
Gated and doing business at New Albanyi
IN the State of Indiana, and by ITS act OF moor
p~oration 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 eentum
per annum. That the said Ohio Insurance Com
pany IS in full legal existance, andis still invested
with the same rights, privileges, and powers
Aforesaid. that on sad 18th day Of November,
1850, Sebra Howard and Charles Howard were
partners doing business under the name OF 80
g.. Howard. That on said 18th Of November
1860, said 8. & c. Howard with one J. Mont
gomery, executed and delivered to said Ohio
Insurance Company their note for.
Two months after date to the order of c.. 3.
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 1t since been paid,
nor any part thereof; that afterwards and dur
ing the life of the said Sebra Howard, 70 WIT;
on the 9th day Of September, 1861, sad note
being due and the said 5. & C. Howard wishing
further extension of the same, an agreement
was entered into between said Ohio Insurance
Company and said s. Q; Howard, that If the
said s. sc. Howard would pay interest at the
rate of ten per eentum per annum, upon SAID
note, to said Ohio Insurance Company, and would
secure the Psymant Of said note by a good and
sufficient mortgage upon real estate, the sAu
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
stated the said Sebra Howard with ms vile
Eleanor Howard, executed and delivered to the
said Ohio Insurance Company, Of New AlbaAy,
Indiana, a mortgage, Of which, acopyis attached
to said petition, on the following described
tracts or lots ofland, situated in the villages OF
Olmsted Falls and Mlddleburghin 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, the old homestead or residence Of said
Towards, in said village, with about four and n
half acres of rnamental and cultivated grounds,
with out buildings and gardeners residence, now
occupied BY W. Beatson WarIng. Also, the
water power and lands at the village OF Mid
: dleburgh, in said County, containing, also,
/, A large quarry of Berea Stone, extending
, from the Cleveland & Columbus Railroad 70 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 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
2 Cuyahogs at Cleveland Ohio"
3 Said lands being more particularly described
. as follows: 1st. Part OF section II. IN Mid
I dleburg and bounded as follows: begin
I ming at the southeast corner Of land former
: " owned by Betsey Fairchlld, in the centre Of
the East branch of Rocky river, thence South
/ 20e, East along the course Of said river 4 4l-lOO
chains to the Southeast corner; thence South
4 &c, West 3 76-10O chains thence North 1917,
4 West4 46-1OO chains to stake; thence North 90,
n East 2 59-1OO chains to the place OF beginning,
e containing l S7-lOO acres, with the saw mill and
Q ! all the privileges thereof, reserYng the reser-
walton of Clark GOss and Ashbel BUttOlph to
pass aud re-pass with teams or otherwise, made
-, Whafr Iana 70 GUfwn4fRF r HAYS I'D Also.
another piece 10 said section, and on
. the East side of the above described lot com
e mencing in the center of the East branch OF
/ Rocky river, G rods above the mill dam, beng
i the Northwest corner Of a three acre lot deed
ed BY Jonathan Vaughn to Abraham 5, Under
!, hill: thence North 6lo, East to the centre Of the
i Reckport road, thence along the centre of the
road NOrtherly Z rods, thence South 81, West
to the centre Of the river thence with the cen
tire Of the river or East line Of the first descrb-
1t ed lot to the place Of beginning, supposed 70
~ contain / acre of land and conveyed TO Sebra 5.
Howard by James Gilet by deed in vol 70, Guy
ahOga Co. Records page GIL. Also, another piece
"a ofland in section IL, Middleburg, bOundeda as fol-
lows: commencing at q point IN the centre OF
n Frontstreet, in the South line Ofthe Right OfWay
" ofthe c. c. & @. Railroad, thence along the centre
. Of said Front street to land owned by said Sc
bra Howard, being one acre Of land,) thence
a South Go, West to the centre Of Rocky river
is the East branch thereof, thence N~Orth-westerly
a. along the centre of said river 10 the south line
of the Right of Way of the C.. C. & C.. Railroad
ID thence along said South line to the place
n Of beginning, containing about 8 acres o.
n land, and the same land conveyed by Wallace
ii and Warnert to said Howard by deed IN CuyahOga
n Co. Records, vol. 81, page 4th. Also, apart o
u section "A, in Middieburg, bounded as follows; be-
10 ginning in the centre Of the East branch of Rocky
10 river, On the section line between sections II
W and "a, thence South on said line to the
centre Of the highway, thence N-orth-westorly IL
the centre Of the highway to the South line o
- the Right Of Way Of the G.. c.. h @. Railroad
v thence EasteTly along sad south IS,
a.. SOuth-easterly along said river centre Il
d, the place Of beginning, containing, abou
n l acre. 9Th, Also, a part Of Lot No. ] Trae
t. No. 5, in the township Of Olmstead, anC
boundedbegnning at the Southwest corner o
Lot l, thence East 8 rods, thence North running
nj at an average offs rods from the centre Of sale
nd river the distance of 10 rods, thence WestSTOdl
Io, to the centre of said river, thence along thu
9 centre Of said river to the place OF beginning
M eohtaiaing 81 of an acre Of land, subject to tn
Ie- right of said Barnum and his assigns to c%Onstruc
IS a road way from the bed Of tho river to sucl
i'd pOintOn the bankas ne may deem best, by hin
Ie- or his assigns to be usedfOrthe transit OF lumber
al stone, &C, witt the privilege ofspace Of lOadml
r. and unloading cars on the bank. Also a reser
TatIon Of the privilege Of flowing water back up
m on the land as described in deed Of John Barn
~ UNI to Peter Kidney, Oct. 10, 1885, recorded il
Cuyhoga county Records, in vol. Is, page GIG
nd 6. Also in Olmsted Falls village, in Olmste'
On Township, and bounded - follows Beginnn.
IA, at a point on Bridge street, 4 rods west Of tn.
southwest corner OF q lot sold by me 70 A. w
or Sabin; thence west along Bridge street to th
No center Of River street; thence IN the center o
~ one thence east on said line to G. p. Dryden
10 northwest corner; thence 8outherly to a hOllOy
or maple tree, glazed and crossed thence south
in erly to the northwest corner Of land sold by m
et to Salin and o. c.. Wright; thence s~outheTly alon
e. Salin i Wrights west line to the place Of begin
tie ming, reserTtugL of an acre sold by said Harmol
as to the Junction Railroad Company IN the south
east corner Of the land here conveyed, being
all rods on Bridge street and ten rods deep. Z. Ais
e. another piece in Olmsted Falls village, known a
tie sub lots Sand 50 in said village. 9. Also anothe
d, piece in said village, and known a. sublOtNO.3 81
of said village. These three parcels were cOnVeyel
If by LA. Harmon to Howard. See vol. So page49
nd OF Cuyahoga Co. Records. 9. Also in the Yillag
nd of Olmsted Falls, and intending to describe AM
as convey town lots Nos. ninety-three, ninety-fouI
i'll ninety-iYe, ,ninety-slX, nlnety-seYen, ninety
e eight, ninety-nine and one hundred, and so nue.
ed Of Howard street as was conveyed in a fOrme
tie deed to said Howard by said Harmon, e1eeptnl
NJ. and reserving therefrOm alOt with a house there
on sold by L. A. Harmon to the Junction Rail
wv road Company, 4 rods front by lOrods rear, sup
ld posed to contain about ~ acres Of land. Dee
to to Howard acknowledged June 10, 1852, and re
s. corded IN volume 100, page SO Of CuyahOgaC Oun
bo ty Records. From the lots 81 and 80, should b
e excepted a part sold by Howard to Murphy Ma
7, 1850. See volume 1O4, page COS Of said Records
ne 10. Also sub lots Nos. 4, 5, 6 and 7 in Olmstei
We Falls village. II. Also in Olmsted Falls village
IN the whole ofsub lot No. "a and the north part o
IS not before conveyed to A. Spaulding. Dee,
ne from L. A. Harmon, volume 70, page GIL. Il. Al
id so the following described piece OF land to h
10 used for railroad purposes, viz: COmmencin!
N at a point one hundred and ninety feet north o
to the center Of the Cleveland 3 Toledo Railroad
ct track; thence westerly along said track curvini
a ~nOrthWardly atthe rate Of ten degrees to the hun
10 dred feet, (said curved line being indicated bl
D. stakes set at intervals Offfty feet :; thence sOutl
~ along the west line Of DTyden's land to the cen
IS ter Of said railroad track; thence eastWardll
A. along the north line Of said track 70 the place o
beginning. Said piece or parcel ofland may re
n vert to the said G. ?. Dryden by his paying tn,
AZ sum above mentioned to the said Sebra Howard
Of in case 1t should not be continued in use for rail
IN road purposes, said Dryden to elect when dis
u continued whether he will take the same bacl
id or not. This deed is made to Howard and hi
ne wife Ellen, %, page go, which FIRST men
ct toned mortgage is recorded in Cuyahoga Coun
D. ty Records, volume las, pages 1853 and $50, ant
IS in full force and virtue Plaintiff claims 70 b,