Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-24
LEGAL.

The State Of ohiOl In Court OF Common Pleas,
"a sa of seISn IsSaS Iof money ana
FrankhnT. Backus, PI'h,
sgsinst
Evelyn II. Wilcox, Cath
arine Wilcox, Henry @.
Burtman, Joshua ]. lie.
ClintOck and Edward
Whlpple, defendants.
HNHE defendants who have not received
notice BY service Of su hmona herein, viz
Henry Z. Hurtman. and Edward Whipple will
take notice that on the lAth iav OF Septspnber,
A. ID. 1858, 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 1861, executed and deiiv-
cred 70 the defendant McClintock his five prom
isOry notes, one for Sl57, payable June lst,
1861 one for 500, payable November 1st, 1862
one for 500, payable November 1st, 1868; one for
$500, payable November lst, 1864, and one for
S2QO payable November lst, 1855, all bearing in
payment OF these notes said defendants Evelyn
H. Wilcox and CsthRrine Wilcox, wife OF said
Evelyn d. executed November 10Th, 1861,
mortgage deed to said McClmtock, which is re-
corded in Cuyahogs County Records, Vol. 1l6,
page 4S4 according to the terms Of which mort
gage deed, said Evelyn H. Wilcox and his wife
Catharine conveyed 70 said McOlintoek 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
bhA1 Aul anu west zen acres OF lGuQ IN SAD luL
heretofore decided by James Berdsn and wife to
Sylvester J. Smith, containing forty three and
| one-hundredth acres Of land; the condition OF
which mortgage dec was such, that, whereas
said Evelyn H. Wilcox did execute and deliver
as aforesaid his said i've promisory notes to said
i McClntOck, if said Evelyn h. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
/ tenor to said MeClntock, his heirs or assigns,
/ then said mortgage deed sheuld be void but
otherwise remain in full force and virtue and
/ furthermore, that all Of said notes, except the
/ one for Sl5l, payable June lst, 1862, were duly
/ assigned by said MeClintOck to the Plaintiff who
still holds them; that Of said nC tes so assigned,
the one for S20c, payable November 1st, ls62,
| 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 or
/ part. That said defendant Burtman, who claims
| some interest in said premises, has according 70
the best Of plaintiffs knowledge and beliefno in
terest therein OF any validity that to the best Of
| plaintiffs knowledge and belief, the note for
| Sl5T above mentioned payable June lst, ls62 has
/ been fully paid; that the defendant Whpple
| claims some interest IN said premises by virtue
/ OF certain judgment given in his favor against
/ the defendant McClintock and others by the
/ Court Of Common Pleas within and for said
County and State in the May term OF said Court,
A. d. 1883 for s421 $780, portion Of hieh re-
mains unpaid and the Judgment to that extent
unsatished, but that plaintiff being ignorant
whether said WhipPle and McClintock have a.
this time any subsisting lien upon said premis-
es, demands proof o. the same; said petition
Il AAloAcAoA1 A1ANo tAAsAL n-ouuut uo LAhtu Vi blu
/ amount due plaintiff, his mortgage foreclosed,
/ the priOrites OF lien determined, the said lands
and tenements ordered to be sold, the proceeds
or 50 much thereof as may be necessary, applied
| to the payment Of his debt, and that he may
have such other and further relief ia the prenis-
es as he is in equity entitled to claim.
Said defendants, Burtman and Whipple, are
/ hereby notified that they are required 70 appear
and answer said petition on or before the third
Saturday after the 9th day OF November, A. D.,
1865.
BACKUS 4 NOBLE,
sept24:123 Plaintiffs Attorneys