Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-21
LEGAL NOTICES.
HE STATE OF OHIO. CUYAHOGA

THE STATE OF OHIO, CUYAHOGA
! County, s. g. In Court Of Common Pleas.
Civil action for money and sale Of lands.
| George v. HoWk Plaintiff vs.. Charles Howard
| Eleanor Howard Exeeutrix 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 ]. Howard and Emogene c. How
| ard, defendants.
The defendants in this case will take notice
that the plaintiff has filed in said Court his petl-
! ton agalnst the above named defendants, which
| Is in substance as follows: That on the
| 18th day Of November, A. d. 1880, the Ohio
] Insurance Company was a corporation To-
| Gated and doing business at New Albany,
IN the State Of Indiana, and by its act Of incOr-
poration 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
I per annum- That the said Ohio Insurance Com
pany IS in full legal exstance, and is still invested
t! with ne same tt rights privileges, g and powers
! 1850, Sebra Howard and Charles Howard were
I partners doing business under the name of S. &
| C. Howard. That on said 18th Of November
| loJO, SAID ). & Z. Howard with one j. Mont
| gomery, executed and delivered to said Ohio
Insurance Company their note for.
| $500 payable
! Applegate Esq. Secretary, at the 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 hfe of the said Sebra Howard, to wit:
on the 9th day OF September, 1861, said note
| being due and the said 5. c. Howard wishinga
| further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said 5. & c. Howard, that if the
said S. a c. Howard would pay interest at the
rate Of ten per eentum per annum, upon sEid
note, to said Ohio Insurance Company, and would
4 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 one year
from said 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, COPY is attached
10 SAID petition, on the following described
tracts or lots Ofland, situated in the villages of
Olmsted Falls and MIddleburgh in the County OF
Cuyahoga and State Of Ohio, and known as the
Large Howard QUARRY, at Oimsted, with railroad
connecting il 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 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,
large quarry Of Berea Stone, extending
from the Cleveland & Columbus Railroad to six
the right to flow above. All said property is de-
tnitely described in seven deeds to said Howard
by the following parties, VIZ one from Luther
Baruum and his wife Ann, one from CYRUS p
Dryden and his wife Hartl nome from Gilruth
and four from Lester A. Harmon, all Of said
deeds are recorded in the Office of Records for
CuyRhoga at Cleveland Ohio"
said lands being more particularly described
as follows: lst Part Of section II. in Mid
oleburg and bounded as follows: begin
ming at the southeast corner OF land former
ly owned by Betsey Fairchild, IN the centre of
tee East branch Of Rocky river, thence South
29S, East along the course Of said river 4I-IOO
chains TO the southeast corner; thence South
6l', West 76-I0O chains thence North 1879
West4 46-l00 chains to stake; thence North Sc,
East 59-lO0 chains to the place Of beginning
containing 37-lOO ncres, with the saw mill and
all the privileges thereof, reserYing the reser-
vaton Of Clark Goss and Ashbel Buttolph to
pass aud Te-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 rods above the mill dam, being
the Northwest corner Of three acre lot deed
ed by Jonathan Vaughn to Abraham s. Under
hill; thence North 6lS, East to the centre of the
RockPort road, thence along the centre Of the
road NOrtherly u rods, thence South 6le, 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 or land and conveyed to Sebra s.
Howard by James Gilreth by deed in vol 10 Cuy-
ahosa Go. Records page oil. Also, another pieoe
OF land IN sectional, Mlddeburg, bounded as fol-
lows: commencing at point IN the centre Of
Front street, IN the South line ofthe Right of WAY
Oithe G, O. C. Railroad thence along the centre
OF said Front street to land owned by said Se-
bra Howard loelng one acre Of land,) thence
the East branch thereof, thence North westerly
along the centre OF said river 10 the south line
Of the Right Of Way Of the c. C. & c. Railroad
thence along said South 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 81 page 343 4th. Also a part Of
section y, in AIiddleburg, bounded as follows; he
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 @. c. & G. 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, part Of Lot No. l, Tract |
No. o, in the township Of Olmstead, and |
boundedbeginning at the Southwest corner of |
Lot l, thence East 8 rods, thence North running |
at an average offs rods from the centre of said /
river the distance OF 10 rods, thence West rods
to the centre Of said river, thence along the |
c9ntre of said river to the place OF beginning
cohtalalng = of an acre of land, subject to the /
rlght of sald Barnum and his assigns to construct
a roadway 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 ofluinber
stone, &C., with the privilege of space of loading
and unloading cars on the bank Also a reser-
Vatlon of the privilege of flowing water back mn
on the land as described in deed Of John Barn
um to Peter Kidney, Oct. 10, 1885, recorded in
SCuyhoga county Records N vol 7s page 6l5.
Township, and bounded IS follows Beginning
al point on Bridge street, rods west Of the |
southwest corner Of a 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. P. Dryden's
corner; thence sOutherly to q hollow |
maple tree, glazed and crossed thence SOUTH
erly to the northwest corner Of land sold by me
to Salln and o. @. Wright thence southerly along |
sglln Virgins west Ine to me place Of begin
nIng Feserytng 4 Of an acre sold by said Harmon
to the Junction Railroad Company in the south
east corner Of the land here convened beinp 4 |
rods on Bridge street and ten rods deep. Z. Also
another piece in Qlmsted Falls village, known as
sub lots 52and SO IN said village. 8. Also another
piece in said village and known as sub lot No ain
sald Ylllage. These three parcels we're conveyed
by L. A. Harmon to Howard See vol. so, page 495
1i CuyahOgs Co. Records. 9. Alse in the village |
lt Olmsted Falls, and intending to describe and
convey town lets Nos ninety three, ninety -four,
ninety-siX, ninety-seVen, ninety |
sight, n nety- nine and one hundred, and so much
1f Howard street as was conveyed in former
Iced to said Howard by said Harmon, excepting |
md reserYing therefrOm a lot with house there !
IN sold by L. A. Harmon to the Junction Rail-
-Oad Company, rods front by 10 rods rear, sup
posed to contain about AZ acres Of land Deed
% Howard acknowledged June 10, 1852, and re-
corded IN volume l20, page Sc of Cuyahoga Coun-
y Records From the lots % and 95, should be
excepted part sold by Howard to Murphy May
|, 1850. See volume l04, page COS of said Records.
10. Also sub lots Nos. 4, 5, 6 and in Olmsted
Falls village. IL. Also in Olmsted Falls village,
he whole ofsub lot No. 81 and the north part Of
. not before conveyed to A. Spaulding Deed
rom J.. A. Harmon, volume 73, page GIL u Al
10 the following described piece Of land to be
lsed for railroad purposes, Viz: Commencing
I point one hundred and ninety feet north Of
he center Of the Cleveland a Toledo Railroad
rack; thence westerly along said track curving
at the rate Of ten degrees to the hun