Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-29
~ COMMON PLEAS. CUYAHOGA

N .OOmNlON EhEAO1 W 4AAONAA
County, Ohio.-For money and sale Of lands.
Daniel H Fitzhugh, Ephraim Cone and Walter
Avrault, deceased, Plaintiffs, vs.. Elery G. VIII
liams Henry Chamberlin, Henry W. Clark, John
E. Cary, Horatio n. Ward, HaTrlet +; ward, Reu-
Wis James s. Wadsworth, John H. Armstrong, re-
ceiver of the Canal Bank Of Cleveland, +. NJ.
Isett, William c. Brewster, Charles L. Camp,
The City Bank of Cleveland, The Cleveland and
Maboninp Railroad Company, Edward Wade,
The Quimeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank OF Wheeling,
Henry II. Bowen, Theodore McNames; Samuel
P. Holmes, Horace Foote, James z. Mellen, Hem
~ L. Stone, Defendants.
ANY ofthe said defendants who have net been
served with process will take notice that on the
9th day Of December, 1858, Allen Ayrault' then IN
full life but now deceased, and ofWhom plaintiffs
are Executors, fled his petition in the above
named Court, which petition sets forth In sub
stance
Williams and Cham6erlin, for valuable conside-
ration advanced to them by said Allen Ayrault at
Geneseo, in the State ofNeW YORK, delivered to
said Ayrault their joint and severnl note, dated
on said Sd day Of April, payable months after
date, to the order Of Norman Chappell at the
Metropolitan Bank, New York, for 5000 90 with
interest, which was duly indorsed by said Chap
pell to said Allen Ayrault. That about July 5,
fs54, at Geneseo aforesaid, said Ayrault still be-
ing holder of said note, at instance OF said h. g..
Williams and Chamberlin received In substitu.
ton for said note, the joint and several note OF
SAID MlllaInS uouLy W OlaA Il anu
John E. Carey, bearing date at said Gensseo, July
5, 1854 PAYABLE January Sd, 1856, to the order Of
said Ayrault at the Metropolitan Bank, New York,
to recover at the rate Of seven per cent interest
per annum on the same, and there is due on the
same 81, 500 90 with interest at seven per cent TO
be computed as aforesaid, from July 5, 1855, for
which plaintiffs ask judgment.
2. That about July 8, 1854, at said Geneseo said
E. G. Williams and Cham berlin, for value received,
delivered to said Agrault another joint and sew
aral M aWanutnd nv qQid WllliaunQ. ChaO1bA
lin, Clark and Carey, payable to the order of said
Avrault July l, 1856, at said metropolitan Bank
for Sc, 600 90 with interest annually, the rate Of
interest in the State ofNeW York then and there
being seven per centum per annum; that said
note is wholly unpaid and there is due to said
AyTault on the same, the sum Of $1,000 with an
nual interest thereon from July 1855 at the rate
Of 7 per cent per annum-for which plaintiffs ask
Judgment.
3d. That on said 9TH day Of July, 1854, at said
Geneseo, said Williams L Chamberlain, for the
purpose, among other things Of securing the
payment Of said notes, delivered to said Allen
Ayrault mortgage deed bearing date July 3,
1884, and executed on that date by said Ellery G..
Williams and Caroline NJ. Williams his wife (Who
has since deceased) upon the following described
premises to WIT: one equal, undivided halfin com
mon of the following described tract OF land, SIT
uate in the township Of Newbergh, being number
seven in the 18th range Of townships in the Con-
necticut Western Reserve, in the State of Ohio,
and which is also in the county Of Cuyohoga and is
known as being part Of 100 acre lot No. 333, and
is bounded as follows: On the east, north and
west by the original lines Of said lot, and on the
south BY the center Of the Edwards road $50 call
ed), excepting a right Of way 20 feet in width on
each side of the center OF the Cleveland and
Pittsburgh Railroad track as now laid, said un-
divided y containing 80 94-1O0 acres oflsnd. Also
the whole Of the following described lots, stuat-
ed in the city Of Cleveland, county and State
aforesaid, to wit: Sub lot No. 46 in the Charles
Taylor farm, $50 caledl situated on Detroit street.
being 30 feet front by $50 feet deep, and sub-lot
M, in II Of Ro1duiu = or,-S-
subdivision ofl0 acre lots 81 and 50 on Hunting
ton street, beng so feet front by 120 feet deep
which said mortgage was, on the 10th day Of Ju-
ly, 1854, at 81 o'clock A NJ, duly delivered for
and by him duly recorded on the 10th day Of Au-
gust A. d. 1854, In CuYahoga county records vol
IA, pages 4267-s-all Of which premises the plain
ti5 claim the right to sell by virtue Of said mort
gage on account of the failure to pay the notes
afOresaid-to pay the amount due on said notes
Said Ayrault further sets forth in said petition
that said defendants, Hitchcock, Wheeler, Davis,
WadsWorthi Armstrong, Receiver Jetts, Brew
ster, Camp, The City Bank Of Cleveland, The
The 6uimei nPiRfH H 2a Gaa1s;' Jrili Iife
Merchants and Mechanics Bank Of Wheeling
Bowen, McNamee, Holmes and Stone have. or
pretend to have, some claim by way Of deed or
premises in said mortage described or upon
some part ofthe same but he says that all such
liens or conveyances if any there be, are inferior
1 1yraeE SeEniffESssff niffEsf Sets 10Th that sad defendant
Harriet Il. MarQt VINO Is the Wis OF BalO aOEALiO
n Ward, heretofore held mortgage upon said
premises, or part thereof, to secure the pay
IInent of the sum of 900 90, which mortgage is
vet uneancelled Of record, but as the sum TO se-
cure the payment OF which said mortgage was
given, fell due on the first day Of March, A, D.
1857, he charges that the same has been fully
paid.
NAV be taken of the amount due him from said
defendants, Clark, Williams, Chamberlain, Carey,
that they may be ordered to pay the same with
in some short period to be fixed BY the Court, in
that behalf, and that upon their failure SO to pay
the same, said premises in said mortgage de-
scribed, be ordered to be sold as upon judgments
at law, and that the proceeds Of such sale be
applied to the payment Of the amount found due
to the said Ayrault, and that he may have such
other and further reliefin the premises as may
be Just and equitable.
The defendants, not served with process, viii
answer said petition by the 2lst day Of March,
1873, or the matters alleged in said petition viii
be taken as true, and judgment rendered as
prayed for in said petition.
RANNEY, BACKUS 4 NOBLE,
January 9th, 1868. Plf's Attys.
ian29.430