Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-24
LEGAL NOTIeEs.
n C0NNON PLRAs. CUYAHOGA

IN COMMON PLEAS, CUYAHOGA
County, Ohio.-For money and sale OF lands,
Daniel d. Fitzhugh, Ephraim cone and Slssi NE
AyrauH, deceased, plaintiffs, vs. EileLy u VII
liams, Henry Chamberlin, Henry " Clark John
= Csarv Uorstio Il Ward, HarrietE. Ward, Reu-
ben Hitchcock, John P. Wheeler, LatlIoP " "a
vis lanes s WadsWorth, John n Armstrong, re-
esiver OF the Canal Bank OF Cleveland, +. ID.
fsett William o. Brewster, Charles L. Camp,
The lyftV Bank Of Cleveland, The CleTeland and
Nisboning Railroad Company, Edward Wade,
Merchants and Mechanics Bank Of tWheehng,
Henry H. Bowen, Theodore McRamee, samuel
P Holmes, Horace FOoteI James p. Mellenl hen
ry L. Stone, Defendants.
ANY ofthe said defendants who have net been
served with process H1lf take notice that on the
9Th day of December, 1858, Allen Ayrauit then n
full lie but now deceased, and ofWhom piaintlIs
are Executors, filed bis petition IN the ABOVE
named Court, which petition sets forth In SUD
1st. That about April Sd, 1854, the defendants,
Williams and Chamberlin, for a valuable eonside-
cation advanced to them by said Allen Ayrault at
| Geneseo, in the State ofNeW York. delivered 10
said AYrault their joint and several notes daIeo
on said Sd day Of April payable 3 months aiIer
| Metropolitan Bank, New York, for $1,000 " with
/ interest, which was duly lndorsed by sald ChaP-
pell to said Allen Ayrs1lt That about JnIy .
fs54 at Geneseo Aforesaid, said Ayrault still be
ing holder Of said note, at instance Of said E e.
! Williams and Chanberltn received IN suosltu-
ton for said note, the joint and several note oI
| said Williams & ChambeTlin, Henry W. Clark ana
John Z. Carey, bearing date at SAID Geneseo, July
5, 1854, payable January 3d. 1856, 70 the ordeF OF
| said Ayraultat the Metropolitan Bank New loTKi
for S5 900 90 with interest annually, ana tnaI oy
/ the law of the State Of New York, he IS entitled
! to recover at the rate Of seven per cent interest
! per annum on the same, and there Is due on the
same So 500 90 with interest at seven per cent TO
be computed as aforesaid, nom July D 1900 LOT
| which plaintiffs ask Judgment
] 2 That about July 8, 1854, al said Geneseo sal
E G. Williams ana Chamberlins for value received
/ 4, tf sal a
/ eraI note, executed by said Williams, Chamber-
lin Clark and Carey, payable to the order Of SAD
| AVrault July I, 1856, at SAID Metropolitan Bank
! FOR 5000 % with interest annually, the rate Of
interest in the state Of New York then and there
! beinr seven per centum per annum that SAID
| note is wholly unpaid and there IS due 70 SAD
1v1onlt on tie same, the sum Of $1,000 with an
naI interest thereon from July o. 1885, at the rate
Of per cent per annum-for which plaintiffs ask
"a That on said 5th day Of July, 1854 at said
| GeneseO, said Williams 4 Chamberlain for the
purpose, among other things Of securing the
| payment Of said notes, delivered TO sald AIlen
| Ayrault a mortgage deed bearing date July 3,
1854 and executed on that date by said Ellery Cf.
Williams and Caroline NJ. Williams ms vile NHho
has since deeeasedl upon the following described
prernisesto wit: one equal, undivided hall IN COM
mon or the following described tract of lands SIT
uate in the township of Newbergh, being number
seven in the 18th range OF townships IN the Com
necticut Western Reserve, in the State OF ONO,
and Whichis also in the county OF Guy ohoga ana y
known rs being part OF 100 acre lot No. 555, ana
/ is bounded as follows: On the east, north ana
west by the original lines OF sad lot and on the
soufh bv the center of the Edwards road $50 call
ed), excepting right Of way 20 feet IN width on
| each side of The center Of the Cleveland and
Pittsburgh Railroad track as now lad ssld !, IN
/ divided i containing 80 94-lOO acres ofland. Also
the whole Of the following described lots sltuat-
| ed in the city OF Cleveland, county and State
! aforesaid, to wit: Sub lot No. 46 in the Charles
TavIorf farn $50 called situated on Detroit street
being 40 feet front by $50 feet deep, and snb-loi
No. i3 in block No. 2, of Baldwin 4 Seymour 5
subdivision ofl0 acre lots 81 and 81 on Hunting
ton street, beng 80 feet frOnt by lz0 1eet deep
which said mortgage was, on the 10th Gay Of Ju-
lv, 1854 at e51 o'clock A. NJ, duly delivered fol
record to the Recorder Of ssid Cuyahoga county
and by him duly recorded on the 10th day ofAu'
gust A. d. 1851, IN CuYahoga county records, vol
"a, pages 42G-7-8-sll Of which premises the plain
tis claim the right to sell by virtue Of said mort
gage on account Of the failure to pay the notes
| sf6Tesaid-to pay the amount due on said notes
| Said AVrault further sets forth in said petition
that said defendants, Hitchcock, Wheeler, DAVIS
Wadsworth, Armstrong Receiver Jets, Brew
| ster, Camp, The City Bank OF Cleveland, The
| Cleveland & Mahoning Railroad Company wade
The Quimeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank Of Wheeling
Bowen, MeNamee, Holmes and Stone have. ol
pretend to have, some claim by way Of deed OF
| mortgage, by way of Judgment lien, upon sald
premises in said mortage described or upon
some part of the same; but he says that all suct
liens or conveyances, ifany there be, are inferior
and subordinate to that Of said Ayrault. The saic
| Ayrault further sets forth that SAID defendant
Harriet L. hATQs WHO - LAle WllpOA Sau A1oAabit
n Ward, heretofore held mortgage upon sale
premises, or a part thereof, to secure the pay
ment Of the sum Of 81, 900 %, which mortgage /:
| vet uncanceiled Of record, but as the sum to Sc
cure the payment Of which said mortgage was
| ryiven fell dre on ths s. -at deJ af NfnEnh- A y
9s57 he charges that the same has been fully
paid. H.. -, ,,o,,
/ may be taken Of the amount due him from salC
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, IL
that behalf and that upon their failure so 70 pay
the same, said premises in said mortgage de
scribed, be ordered TO be sold IS upon judgment!
/ at law, and that the proceeds of such sale b'
applied to the payment OF the amount found du,
to the said Ayrault and that he may have sucl
/ other and further reliefin the premises as MAJ
be Just and equitable
The defendants, not served with process, vii
answer said petition by the 2lst day Of March
1853, OF the matters alleged in said petition vii
be taken as true, and judgment rendered a
prayed for in said petition.
RANNEY, BACKUS & NOBLE,
January 9th, 1858. Plh's Att'ys.