Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-03
TN COMMON PLEAS, CUYAHOGA

y
County Ohio.-For money and sale of lands.
DANIEL d. Fitzhugh, Ephraim Cone and Walter
Ayrault, deceased Plaintiffs, vs. Ellery G.. VIII
liams, Henry Chamberlin, Henry W. Clark, John
E. Gary, HOTatio N. Ward, Harriet Z. Wa d, Reu-
ben Hitchcock, John P. Wheeler, LathropW W Da-
Wis, James 5. WadsWorth, John u Armstrong, re-
caver of the Canal Bank Of Cleveland, +. NJ.
Isett, William C. Brewster, Charles L. Camp,
The City Bank Of Cleveland, The Cleveland and
Mahoning Railroad Company, Edward Wade,
The Quimeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank of Wheeling,
Henry H. Bowen, Theodore McNamee, Samuel
P. Holmes, Horace FOotel James P. Mellen, Hem
~ l.. Stone, Defendants.
ANY ofthe said defendants who have net been
served with process will take notice that on the
gth day Of December, 1855, 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
Ist That about April 80, 1854, the defendants,
Williams and Chamberlin, for a valuable cOnside-
ration advanced to them by said Allen Ayrault al
GeneseO, in the state OF New fork, delivered 70
said Ayrault their joint and several note, dated
on said Sd day OF April, payable months after
date, to the order of Norman Chappel at the
Metropolitan Bank, New York, for 5000 20 with
interest, which was duly ind0rsed by said Chap
pell to said Allen Ayrault. That about July o,
is54 at GeneseO aforesaid, said Ayrault still be-
ing holder Of said note, at instance of said E. g..
Williams and Chamberiin received in substtu-
ton for said note the joint and several note Of
said Williams Chamberlln, Henry W. Clark and
John carey aAiLe ak ArtuEae0F July
O. 1854, payable January Sd, 1856, 70 the order Of
said Ayrault at the Metropolitan Bank, New York,
for So UOO W with interest annually, and that by
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 81 500 90 with interest at seven per cent 10
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 Chamberlin, for value received,
delivered 20 said Agrault another joint and sew
eral note, executed by SAID Williams Chamber
lin, Clark and Carey, payable to the order OF said
Avraut July l. 1856, at said Metropolitan Bank,
for $1,000 90 with interest annually, the rate Of
interest in the State OfNeW York then and there
being seven per centum per annum that said
uoteis wholly unpaid and there Is due to said
Ayrault on the same, the sum Of 5000 with an
nua interest thereon from July s. 1855, at the rate
of per cent per annum-1or which plaintiffs ask
5d That on said 5th day OF July, 1854, at said
GeneseO, said Williams Chamberlain, for the
purpose, among other things Of securing the
payment Of said notes. delivered TO said Allen
Ayrault a mortgage deed bearing date July 3,
1864, and executed on that date by SAID Ellery @.
Williams and Caroline NJ. Williams his wife who
has since deceased) upon the following described
premises to wit: one equal, undivided halfiu 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 ofCuyohOga andis
known as being part Of 100 acre lot No. 3i3, and
is bounded as follows; On the east, north and
west by the original lines Of sad 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 = containing 80 9i-lOO acres Ofland. Also
the whole OF the following described lots, situat
ed in the city Of Cleveland, county and State
aforesaid, to WIT: Sub lot No. 46 in the Charles
Taylorfarm $50 called situated on Detroit street,
being 40 feet front by $50 feet deep, and sub-lOt
No. Is in block No. 2, Of Baldwin & Seymour's
subdivision of 10 acre lots 81 and 81 on Hunting
ton street, beng 30 feet mont By 10 feet deep
which said mortgage was, on the 10th day Of Ju-
II, 1854, at 81 o'clock A. NJ, duly delivered for
record 10 the Recorder Of said CuyahOga county
and by him duly recorded on the 10th day ofAu-
gust A. D. 1854, IN CuYahoga county records, vol
"A, pages 426-7-S-alI Of which premises the plain
tfs claim the right to sell by virtue OF SAID mort
gage on account ofthe failure to pay the notes
afores said-to pay the amount due on said notes.
said Ayrault further sets forth in said petition
that said defendants, Hitchcock, Wheeler, Davis,
WadsWorth, Armstrong, Receiver Jetts, 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, McNsmee, Holmes and Stone have or
pretend to have, some claim by way Of deed or
mortgage, by way OF judgment lien, upon said
premises in SAID mOrtage described or upon
some part ofthe same but he says that all such
liens or conVeyanees, Il any there be, are inferior
and subordinate to that Of said Ayrault. The said
Ayrault further sets forth that sald defendant,
Harriet E. Ward, who IS the wife of said Horatio
n. Ward, heretofore held a mortgage upon said
premises, or a part thereof, to secure the pay
ment OF the sum Of 81, 900 %, which mortgage is
yet uncancelled Of record, but as the sum 70 Sc
cure the payment Of which said mortgage was
given, fell due on the first day Of March, A. D.
1851, ne charges that the same has been fully
paid.
Said Ayrault therefore asks that an account
may 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 10 pay
the same, said premises in said mortgage de-
seribed, be ordered 10 be sold as upon judgments
at law, and that the proceeds Of such sale be
applied to the payment Of the amount found due
10 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, will
answer said petition by the 2lst day Of March, |
lso3 OF the matters alleged in said petition viii
be taken az true, and judgment rendered as
prayed for in said petition
RANNEY, BACKUS 4 NOBLE,
January 9th, 1858. Plh's Attys.
jan29:43O