Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-28


SuSAn0s ss is sale Of Sfin ISnds iof money Ano
Franklin t. Bsckds, pIf,
against
Evelyn B. Wilcox, Cath
arine Wilcox, Henry G.
Burtn1an, Joshua J. Nc.
ClintOck and Edward
Whipple, defendants.
THE defendants who have not received
notice by service of summons herein, viz:
Henry G. Burtman and Edward Whipple viii
take notice that on the l4th day Of September,
A. D. 1868, the plaintiff flea 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 ofNOVember 1861, executed and deliV-
cred to the defendant McClintock his five prom
isory notes, one for Sl57, payable June LIST,
1862; one for $500 payable November lst, 1892
one tor $500, payable November lst, 1868; one for
$500, payable November 1st, 1864, and one for
$500 payable November 1st, 1865, all bearing in
terest from the date thereof; that to secure the
payment of these notes said defendants Evelyn
II. Wilcox and CathRrine Wilcox, wife Of said
Evelyn L. executed November 20th, 1851, q
mortgage deed to said McClintock, which is re-
corded in Cuyahoga County Records, Vol. u6,
page 4s4 according to the terms Of which mort
gage deed, said Evelyn II. Wilcox and his wife
Catharine conveyed to said McClntOck 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
said lot and west by ten acres Of land in ssd lot
heretofore decided by James Berdan and wife to
Sylvester j. Smith, containing forty three and
one-hundredth acres Of land; the condition Of
which mortgage dee was such, that, whereas
SAID Evelyn II. Wilcox did execute and deliver
as aforesaid his said i've promisory notes to said
McClintock, fsaid Evelyn h. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said MeClintock, his heirs or assigns,
then said mortgage deed should be void but
otherwise remain in full force and virtue and
n
one for Sl57, payable June lst, 1852, we're duly
assigned by said MeClintock to the Plaintiff who
still nolds them that Of said nC tes SO assigned
the one for 500, payable November LIST, 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 interest In said premises, has according to
the best Of plaintiffs knowledge and belieino IN
terest therein OF any validity that, to the best OF
plaintiffs knowledge snd belief, the note Tor
Sl6T above mentioned payable June lst, lS62, has
been fully paid that the defendant Whipple
claims some interest IN said premises by virtue
of certain judgment given in mis- favor against
the defendant McOllntock and others by the
Court of Common Pleas within and for said
County and State in the May term Of said Court,
A. D. 1859 for S42l 96-l00, portion Of which re-
mains unpaid and the judgment to that extent
unsatisfed, but that plaintiff being Ignorant
whether said WhiPple and McClintock have at
this time any subsisting lien upon said premis-
es, demands proof Of the same; said petition
therefore asks tlaI account DC laken OF the
amount due plaintiff, his mortgage foreclosed,
the priorities 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 clsim. -
Said defendants, Burtman and Whipple, are
hereby notified that they are required 70 sppear
| and answer said petition on or before the third
Saturday after the 5th day Of November, A. D.,
BACKUS NOBLE,
aapt24.I23 pIaintiH'a AttOrneVg.-