Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-30

The State of Ohio0 In Court OF Common Pleas,
ouyrh0sAoOuny SsE sse of ssSR Isads ioF money and
Franklin T. Back1s, pIf, IA
sgsinst
Evelyn r. Wilcox, Cath
arine Wilcox, Henry @.
Burtman, JoshlaJ Nc: --
Clintock and EDWARD =
.Whpple, defendants. - . 49, "a.
HNHE defendants who have not received
notice by service of summons herein, viz:
Henry C. Burtman and Edward Whipple will
take notice that on the 18th day Of September,
A. D. 1868, 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 Il. Wilcox on the
2Oth day of November 1861, executed and dellY-
cred to the defendant MeClintock his i've prom
isory notes, one for Sl57, payable June LIST,
1862; one for 500, payable November 1st, 1862
one for 500, payable November Ist, 1868; one for
500, payable November 1st, 1864, and one for
500 payable November lst, 1855, all bearing IN
terest from the date thereof; that to secure the
payment of these notes said defendants Evelyn
H. Wilcox and CathaTine Wilcox, wife Of said
Evelyn II. executed November 10th, 1861,
mortgage deed to said McClntock, which is re-
corded in Cuyahoga County Records, Vol. ll6,
page 4S4 according to the terms Of which mort
gage deed, said Evelyn Il. Wilcox and his wife
Catharine conveyed 10 said McChntock the fol-
lowing described premises, situate in the town
ship Of Bedford IN CuyahOgs County, Ohio, and
known as the east part of lot No. thirty -nlnes
bounded north, south and east by the line Of
said lot and west by ten acres OF land in said lot
heretofore decided by James Berdan and Wfe 70
Sylvester J. Smith, containing forty three and
one-hundredth acres Of land; the condition Of
which mortgage dee1 was SUCH that, whereas
said Evelyn 81. Wilcox did execute and deliver
as aforesaid his said i've promisory notes to said
McClintock, fsaid Evelyn a. Wilcox, his heirs
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said McClntock, 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 Sl67, payable June ISL, Ieo5, Were oGIy
still holds them that Of said nc tes so assigned,
the one for soc, 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 interest in said premises, has according 70
the best of plaintiff knowledge and behetno IN
terest therein OF any validity that, to the best OF
plaintiffs knowledge and belief, the note Tor
Sl57 above mentioned payable June lst, 1852, has
been fully paid; that the defendant Whlpple
claims some interest in said premises by virtue
of a 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. 1863 for S42l 96-lO0, sporuon OF which re-
mains unpaid and the judgment TO that extent
unsatished, but that plaintiff being ignorant
whether said Whipple and McClintock have at
this time any subssting lien upon said premis-
therefore asks that account be taken OF the
amount due plaintiff, his mortgage foreclosedi
the priorities of lien determined, the said lands
and tenements ordered 70 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 premls-
es as he is in equity entitled to claim
Said defendants, Burtman 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. D.,
1868.
BACKUS 4 NOBLE,
plainHHia .