Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-20
LEGAL NOTICES.
THE STATE OF OHIO. CUYAHOGA

Civil action for money and sale Of lands
George Y. HoWk Plaintiff vs.. Charles Howard,
Eleanor Howard Executrix Of Sebra Howard de-
ceased; Eleanor Howard, J. Montgomery, Seth
A. Abbey, Orlando Cutter administrator Of Nell
son Monroe deceased; Farley Sheldon, John
Johnson, Elijah Smith, w. s. Carpenter, n. s.
Carpenter, Ella R. Chittenden, Richard L. Chit
tenden, Orrin J. Howard, and Emogene c. How
ard, defendants.
The defendants in this case will take notice
that the plaintiff, has filed in said Court his pet-
ton against the above named defendants, which
is in substance as follows: That on the
18th day Of November, A. D. 1890 the Ohio
Insurance Company was q corporation To-
Gated and doing business at New Albany,
IN the State Of Indiana, and by its act Of incor-
poraton was invested with Banking Privileges,
and with the right to exact and take for the loan
of money on notes, drafts and other securities,
rate Of interest not exceeding ten per centum
per annum. That the said Ohio Insurance Com
pany IS in full legal e1istance, and still invested
with the same rights, privileges and. powers
aforesaid, that on said 18th day Of November,
1850, Sebra Howard and Charles Howard we're
partners doing business under the name of S. &
c. Howard. That on said 18th of November
1850, said S. C. Howard with one ]. Mont
gomery, executed and delivered to said Ohio
Insurance Company their note for.
Two months after date to the order Of C. B.
Appiegate Esq. Secretary, atthe Banking Office
Of the Ohio Insurance Company, New Albany.
Payment on which note having been duly de-
manded, wss not made nor has it since been paid,
nor any part thereof; that afterwards and dur
ing the life Of the said Sebra Howard, to wit:
on the 9th day OF September, 1861, said note
being due and the said S. & c. Howard Wishinga
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said s. & G. Howard, that il the
said s 4 c. Howard would pay interest at the
rate of ten per centum per annum, upon said
note, 10 said Ohio Insurance Company, and would
secure the paymant Of said note by good and
sufficient mortgage upon real estate, the said
Ohio Insurance Company would extend the time
of payment Of said note one half for ore year
from SID September 9th, and one half in two
years from said 9th day Of September 1861:
That in pursuance Of said agreement last above
stated the said Sebra Howard with his wife
Eleanor Howard, executed and delivered to the
said Ohio Insurance Company, Of New Albany,
Indiana mortgage, Of which, g copy is attached
to said petition, on the following described
tracts or lots ofland, situated in the villages of
Olmsted Falls and Mlddleburghin in the Comfy Of
Cuyahoga and State of Ohio, and known as the
Large Howard Quarry, at Olmsted, with railroad
connecting it to the Cleveland & Toledo Railroad,
with the water power Of Rocky River thereon.
Also, the old homestead or residence OF said
Howards, in said village, with about four and
half acres of ornamental and cultivated grounds,
with out buildings aPd gardener = residence, now
occupied by W. Beatson Waring. Also, the
water power and lands at the village Of Mid
dleburgh, in said County, containing. also,
n large quarry Of Berea Stone, extending
from the Cleveland & Columbus Railroad to six
rods above the dam Of the old saw mill, with all
the right to flow above. All said property is de-
fnitely described in seven deeds to said Howard
by the following parties, viz one from Luther
Barnum and his wife Ann, one from Cyrus P.
Dryden and his wife Harriet, one from Gilruth
and four from Lester A. Harmon, al Of said
deeds are recorded in the Office Of Records for
Cuyahoga at Cleveland Ohio"
sad lands being more particularly described
as follows; 1st- Part of section II. in Mid
dleburg and bounded as follows: begin
ming at the southeast corner Of land former
ly owned by Betsey Fairchild, in The centre Of
tae East branch OF Rocky river, thence South
29S, East along the course Of said river 4l-lOO
q oh HwHnm
6I', West 76-IOO chains thence North l3lZ0
West4 46-lOO chains 20 stake; thence North 60,
East 59-lO0 chains to the place OF beginning,
containing 1 37-lO0 acres, with the saw mill and
all the privileges thereof, reserVing the reser-
vation of Clark Goss and Ashbel Buttolph to
pass aud re-pass with teams or otherwise, made
IN their decd to Sylvester K. Hays. I'd Also,
another piece IN said section, and on
the East side Of the above described lot COM
mencing in the center Of the East branch of
Rocky river, rods above the mill dam, being
| the Northwest corner Of q three acre lot deed
ed by Jonathan Vaughn to Abraham S, Under
hill; thence North 81, East to the centre of the
RockpOrt road, thence along the centre Of the
road Northerly u rods, thence South 6l9, West
to the centre of the river; thence with the CEN
tire Of the river East line Of the first describ-
ed lot to the place Of beginning, supposed to
contain I acre Of land snd conveyed to Sebra S.
Howard by James Gilreth BY deed in vol 70, Guy
ahoga Co. Records page GIL. Also, another piece
Oflandin section IL, Middleburg, bounded as fol-
| lows: commencing at a point in the centre of
FrOntstreet, in the South line Ofthe Right ofWay
ofthe c. c. c. Railroad, thence along the centre
of said Front street to land owned by said Sc
| bra Howard, (being one acre Of land,) thence
South 6lS, West to the centre of Rocky river,
the East branch thereof, thence North westerly
along the centre Of said river TO the south line
| of the Right Of Way of the G. G. & c. Railroad,
thence along said South line to the place
| Of beginning containing about acres al
| land, and the same land conveyed by Wallace
| and Warner to said Howard by deed in Cuyahoga
Co. Records, vol. 81, page 343 4th Also, part Of
ginning in the centre OF the East branch of Rocky
| river, on the section line between sections II
| and q, thence South said line to the
centre Of the highway, thence North-Westerly in
| the centre of the highway to the South line of
the Right of Way Of the G. c. & C. Railroad,
thence Easterly along said South line
to the centre Of Rocky river; thence
South-easterly along said river centre to
the place OF beginning, containing, about
acre. 9TH, Also, part Of Lot No. l, Tract
| NO. 8, in the township Of Olmstead, and
boundedbeginning at the Southwest corner OF
Lot /, thence East rods, thence North running
st an average offs rods from the centre of said
river the distance Of Is rods, thence West srods
to the centre Of said river, thence along the
centre of said river TO the place OF beginning,
eohtaiang q of an acre of land, subject to the
right Of said Barnum and his assigns to construct
q road way from the bed of tho river to such
point on the bank as he may deem best, by him
or his assigns to be used for the transit oflumber,
stone, &c, with the privilege ofspace Of loading
and unloading cars on the bank. Also reser-
on the land as described in deed of John Barn
um to Peter Kidney, Oct. TO- 1886 recorded in
Cuyhoga county Records, in vol. 7S, page 615.
g. Also in Olmsted Falls village, in Oimsted
Township, and bounded as follows: Beginning
at point on Bridge street. rods west of the
southwest corner Of q lot sold by me to A. W.
Sabn; thence west along Bridge street to the
center Of River street, thence IN the center of
River street northerly to the north line Of tract
one; thence east on said line to C. r Dryden's
northwest corner; thence sOutherly to a hollow
maple tree, glazed and crossed thence south
erly to the northwest corner Of land, sold by me
to Saln and o. @. Wright; thence southerly along
Salin Wrighrs west line to the place Of begin
nlng' reserytng Z Of an acre sold by said Harmon
to the Junction Railroad Company in the south
east corner Of the land here conveyed, being 4
rods on Bridge street and ten RODS deep z Also
another piece IN Olmsted Falls village, known as
sub lots % and % IN said village g. Also another
piece in said village, and known as sublot No Sin
said village. These three parcels were conveyed
by L. A. Harmon to Howard. See vol. so, page 495
oi SCIuyahoga 70. Records. 9. Alse IN the village
OF Olmsted Falls, and intending to describe and
convey town lots Nos. ninety three, ninety-four,
nlnety-hve, ninety-siI, ninety-seYen, ninety-
eight, nety y-nine and one hundred, and so much
Of Howard street as was conveyed in a former
deed to said Howard by said Harmon, excepting
and reseTVng therefrom a lot with house there
on sold by l. A. Harmon to the Junction Rail
road Company, rods front bV 10 rods rear sun-
to Howard acknowledged June 10, 1852, and rc,
corded in volume l20, page 36 of CuYahopa CoIin-
ty Records. From the lots "a and 95, should be
excepted part sold by Howard to Murphy NAV
7, lsJ0 See volume l04, page 609 Of said Record
10. Also sub lots Nos. 4, s, G and Z in Oh;
Falls village. II. Also in Olmstsd ~ -.nsted
s. not before eonyevej r. anu .ne north part Of
from L. A. Harmon. > A. Spaulding. Deed
so the followir- ,olume T3, page 62l. u. Al
used for K described piece Of land to be
at a railroad purposes, viz: Commencing
- Joint one hundred and ninety feet north Of
ne center Of the Cleveland q Toledo Railroad
track; thence westerly along said track curving
northwardly atthe rate of ten degrees to the hun
dred feet, tsaid curved line being indicated by
stakes set at intervals offty feet y thence south
along fhe west line Of Dryden's land to the CEN
| ter Of said railroad track; thence eastWRrdly
along the north line Of said track to the place Of
| beginning. said piece or parcel ofland may re-