Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-11
LEGAL NOTICES,
THE STATE OF OHIO, CUYAHOGA

Eleanor Howard EXecutrXo 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. C~hittenden, Richard L. Chit
tenden, Orrin J. Howard, and Emogene C. How
The defendants in this case will take notice
that the plaintiff, has filed in said Court his peti-
ton against the above named defendants, which
Is in substance as follows: That on the
18th day Of November, A. d. 1850, the Ohio
Insurance company was a corporation To-
Gated and doing business at New Albany,
IN the State OF Indiana, and by It's act OF incOr-
p~OratiOn was invested with Banking Privileges,
and with the TighttO exact and take for the loan
Of money on notes, drafts and other securities, a
rate OF interest not exceeding ten per eentum
per annum. That the said Ohio Insurance Com
pany IS il full legal existance, andis still invested
aforesaid, that on SAID 18th day of November,
1860, Sebra Howard and Charles Howard were
partners doing business under the name Of S. &
.. Howard. That on said 18th Of November
1860, sad s. 4 G. 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, was 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, ssh note
] NNlL uAG AAAA JIG sNAA Ds IL " Nv u A1AAAA a
further extension of the same, an agreement
was entered into between said Ohio Insurance
Company and said s. & c.. Howard, that if the
! said S. q C. Howard would pay interest at the
rate Of ten per centum per annum, upon said
note, to said Ohio Insurance Company, and would
secure the paymant Of said note by a good and
sufficient mortgage upon real estate, the said
Ohio Insurance Company would extend the time
| of payment of said note one half for one year
from said September 2Ith, and one half in two
years from said 9th day of September 1861:
Thaf in uurataupn of said nuraPmput 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, a mortgage, OF which, acOpy Is attached
to said petition, on the following described
tracts or lots ofland, situated in the villages of
Olmsted Falls and Mlddleburgh in the County Of
| CuyahOga and State Of Ohio, and known as the
Large Howard Quarry, at OImsted, with railroad
connecting it to the Cleveland q Toledo Railroad,
with the water power Of Rocky River thereon.
Also, the old homestead or residence Of SAID
Towards, IN said village, with about four and a
half acres Of ornamental and cultivated grounds,
with out buildings and gardeners residence, now
occupied by W. Beatson Waring. Also, the
water power and lands at the village Of Mid
dleburgh, in said County, containing, also,
a 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 q 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, all Of said
66Sdafh68ggss F e G FFggSsealalRRd tb69 hi 9tBse of Records for
said lands being more particularly described
as follows: list. Part of section IL. in Mid
dleburg and bounded as follows: begin
ming at the southeast corner OF land Brmer-
ly owned by Betsey Fairchild, in the centre of
the East branch Of Rocky river thence South
2yS, East along the course Of said river 4 HOO
chains TO The southeast corner; thence South
6l-, Vests 7G-lOO chains thence North 1879,
West4 45-l0J chains to stake; thence North 6I",
I EHaF - EN-TUN Larwa 70 Hha n1nan OF --s-.s.-
containing l37-lOU acres, with the saw mill and
all the privileges thereof, reserviug the reser-
walton of Clark G0ss and Ashbel Buttolph to
pass aud re-pass with teams or otherwise, made
IN their deed TO Sylvester R.. 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, g rods above the mill dam, being
the Northwest corner Of a three acre lot deed
ed by Jonathan Vaughn to Abraham 5, Under
hill thence North 6lS. East to the centre of the
ReckUort road, thence along the centre Of the
road NOrtherly y rods, thence South Gle, West
to the centre of the river; thence with the CEN
tire of the river or East line Of the first describ-
ed lot TO the place OF beginning, supposed to
contain / acre Of land snd conveyed to Sebra 5.
Howard by James Gilreth by deed in vol. 10, Guy
ahoga Co. Records page GIL. Also, another piece
Oflandm section II, Middleburg, bounded as fol-
lows: commencing at a point in the centre of
/ Front street, in the South line Ofthe Right of Way
Ofthe &C c. Railroad, thence alOngthe centre
OF said Front street to land owned by said Sc
bra Howard, being one acre of land thence
South 6l', 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 C. c. q c. Railroad,
thence along said Seuth line to the place
Of beginning containing about 5 acres Of
land, and the same land conveyed by Wallace
and Warnerto said Howard by deed IN Cuyahoga
Co. Records, vol. 50, page343 4th. Also, a part Of
section "A, in Middleburg, bounded as follows: be-
ginning in the centre Of the East branch Of Rocky
river, on the section line between sections II
and "A, thence South on 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
l acre. 9TH, Also, a part Of Lot No. 1, Tract
No. ., in the township of Olmstead, and
bOundedbegnning at the Southwest corner of
Lot l, thence East 8 rods, thence North running
al an average OtS rods from the centre of said
river the distance of 10 rods, thence West rods
to the centre of said river, thence along the
cSntre Of said river to the place Of beginning,
cohtaialng Aof an acre Of land, subject to the
right OF said Barnum and his assigns to construct
a 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 fOrthe transit Oflumber.
stone, &c, with the privilege ofspace Of loading
and unloading cars on the bank. Also n reser-
Yatlon OF the privilege Of flowing water back up
on the land az described in deed Of John Barn
UNI TO Peter Kidney, Oct. 10, 1885, recorded in
CuyhOga county Records, in vol. rs, page GI5.
6. Also in Olmsted Falls village, in Oimsted
Township, and bounded as follows Beginning
at a point on Bridge street, 1 rods west of the
southwest corner Of a lot sold by me to A. ".
Sabin; 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. P. 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 Salln and l.. 9. Wrghti thence sOutherly along
SalIn a Wrlghts west line to the place of Begin
ming, reservtngA 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 52and So in said village. s.. Also another
piece IN SAID village, and known as sublOt No. Bin !
said village. These three parcels were conveyed |
by LA. Harmon to Howard. See vol. 90, page4g5 |
OF CuyahOga Co. Records. 9. Also in the village |
OF Olmsted Falls, and intending to describe and
convey town lots Nos. nlnety-three, ninety-four, |
nnety-hye, nlnety-siI, ninety-seYen, ninety- /
eight, ninety-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 reserving therefrOm alOt with a house there |
on sold by l. A. Harmon to the Junction Rail- ]
road Company, 1 rods front by 10 rods rear, sup
posed TO contain about ~ acres of land. Deed |
to Howard acknowledged June 10, 1852, and re-
corded IN volume 40, page 30 Of Cuyahoga COun- /
ty Records. From the lots 81 and IS, should be
excepted a part sold by Howard to Murphy May /
Z, 1850 See volume 1O4, page COS Of said Records |
10. Also sub lots Nos. 4, 5, 6 and 7 in Olmsted |
Falls village. II. Also in Olmsted Falls village,
the whole oEsUb lot No. 81 and the north part Of
% not before conveyed to A. Spaulding. Deed
from L. A. Harmon, volume 70, page CPL. u. Al
so the following described piece Of land 10 be
used for railroad purposes, viz: Commencing
at a point one hundred and ninety feet north OF
the center Of the Cleveland q Toledo Railroad
track; thence westerly along said track curving
northwardly atthe rate Of ten degrees to the hun
bred feet (said curved line being Indicated by
set at intervals offfty feet y thence south
along the west line Of Dryden's land to the cen
ter Of said railroad track thence eastwardly
the north line fsaid track to the place Of
beginning. said piece or parcel Ofland may re-
vert TO the said C. P. Dryden by his paying the
above mentioned to the said Sebra Howard
in case It should not be continued in use for rail-
road purposes, said Dryden to elect when dis
continued whether he will take the same back
or not. This deed is made to Howard and his
wife Ellen, volume73, page go, which first men
toned mortgage is recorded in Cuyahogs Coun-
ty Records, volume las, pages 35s and $50, and