Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-02
LEGAL.

The State Of ohio1 In Court Of Common Pleas,
CuyahogaCounty, Civil aetion for money and
IS. sale OF lands.
Franklin T. Back1s, pl'f,
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry @.
Rurtmsn, Joshua ]. Nc.
Clintock and Edward
Whipple, defendants.
HNHE defendants who have not received
notice by service of summons herein, viz:
Henry O. Burtmsn and Edward Whipple will
take notice that on the l4th day of September,
A. D. 1868, tie 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 b. Wilcox on the
goth day of November 1861, executed and deliV-
cred to the defendant McClRtock his five prom
isory notes, one for Sl57, payable June 1st,
1862 ; one for $500, payable November lst, 1862
one for $500, payable November 1st, 1868; one for
$500, payable November lst, 1864, aud one for
$500 payable November lst, 1865, al bearing in
terest from the date thereof; that to secure the
payment of these notes said defendants Evelyn
Il. Wilcox and Cstharine Wilcox, wife Of said
Evelyn Il. executed November 20th, 1851
mortgage deed to said MeClntoek, which is re-
corded in Cuyahoga 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 MoClintock 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,
n
said lot and west by ten acres of land in said lot
heretofore decided by James BerdRn and wife to
Sylvester J. Smith, containing iorty three and
one-hundredth acres Of laldi the oondition Of
which mortgage dee was such, that, whereas
said. Evelyn H. Wilcox did execute and deliver
as aforesaid his said i've promisory notes to said
MeClintoek, if said Evelyn 3. Wilcox, his heirs,
assigns, executors or administrators, should
we'll and truly pay said notes according to their
tenor to said McClintOok, his heirs or assigns,
then said mortgage deed should be void but
otherwise remain in full force and virtue and
furthermore, that all Of said notes, except the
! one for Sl67, payable June 1st, 1869, we're duly
| assigned by said MeClintoek to the Plaintiff who
still holds them that Of said nj tes so assigned,
the one for S20e, payable November 1st, 1852,
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 interestin said premises, has according to
the best of plaintiff knowledge and belislno in
terest therein OF any validity that, to the best OF
plaintiffs knowledge and belief, the note for
Sl57 above mentioned payable June lst, 1852 has
been fully paid; that the defendant Whipple
| claims some interest IN said premises by virtue
| Of certain judgment given in his favor against
| the defendant MeCintocE aud others by the
Court Of Common Pleas within and for said
County and State in the May term OF said Court,
/ A. D. 1853 for S42l 96-lO0, aportiOn Of which re-
mains unpaid and the judgment to that extent
unsatis6ed, but that plaintiff being ignorant
whether said Whipple and McClintoek have al
| this time any subsisting lien upon said premis-
es, demands proof Of the same; said petition
therefore asks that account be taken OF the
amount due plaintiff, his mortgage foreciosed,
| the priorites of lien determined, the said lands
and tenements ordered to be sold, the proceeds
or so much thereofas may be necessary, applied
to the payment Of his debt, and that he may
have such other and further relief in the premis-
es as he is in equity entitled to claim.
Said defendants, BurtmRn and Whipple, are
| hereby notified that they are required to appear
| and answer said petition on or before the third
Saturday after the 9TH day Of November, A b.,
| 1868.
BACKUS 4 NOBLE,
|