Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-25
LEGAL NOTICEs,
MHE sTATE OF nHIn. I

| HGOuQlys .. .. IN Court OF common HleaS. |
Civil action for money and sale Of lands.
George V HOWk Plaintiff vs.. Charles Howard |
/ Eleanor Howard E1eeutriL 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 EInogene G. How
| ard, defendants.
The defendants in this case will take notice
that the plaintiff, has filed in said Court his petit
/ 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,
1 IN the State of Indiana and by It's act Of incor
/ poration was invested with Banking Privileges,
and with the right to exact and take for the loan
Of money notes, drafts andotfter securities,
| rate OF interest not exceeding ten per eentum
/ per annum. That the said Ohio Insurance Com
pany in full legal existance, and Is still invested
| aforesaid, that on said 18th day of November,
! 1850, Sebra Howard and Charles Howard were
| partners doing business under the name Of S. 4
/ G. Howard. That on said 18th 'of November
| 1850, said s. & c. Howard with one j. Mont
| gOmery, executed and delivered to said Ohio
Insurance Company their note for.
| Two months after date to the order OF C. B.
| Applegate 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 tsinee 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, ls6l, said note
i being due and the said S. & C. Howard wishing
! 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. G. 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 sad note by good and
! sufficient mottgage upon real estate, the said
| Ohio Insurance Company would extend the time
| Of payment Of said note one half for one year
/ from an1n m hnl in tuO
| 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, |
i Indiana, mortgage, of which, eopyi is attached
| TO said petition, on the following described
tracts or lots ofland, situated in the villages Of
| OlInsted Falls and Mlddlebprgh in the County of
/ Cuyahoga snd State Of Ohio, and known as the
| Large Howard Quarry, at Olmsted, with railroad
connecting it to the Cleveland 4 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 q
half acres of ornamental and cultivated grounds,
| with out buildings and gardeners residence, now
| occupied by W. Beatson Waring. Also, the
| Watet power and lands at the village Of Mid
| dleburgh, in said County, containing, also,
| large quarry Of Beres Stone, extending
| from the Cleveland / Columbus Railroad to six
| rods above the dam Of the old saw mill, with all
the right 10 flow above. All said property is de-
finitely described in seven deeds to said hOward
by the following parties, VIZ: one from Luther
/ r.
| Dryden and his wife Harriet, ono from Gilruth
and four from Lester A. Harmon, all of said
deeds are recorded in the Office Of Records for
| Cuyahoga at Cleveland Ohio"
Said lands being more particularly described
| as follows; lst. Part Of section II. in Mid
u4eburs and bounded follows: begin
ming at the southeast corner of land former
! ly owned by Betsey Fairehild, in the centre Of
the East branch OF Rocky river, thence South
29s, East along the course Of said river 4 Hoo
chains to The southeast corner; thence South
6le, West 76-I0O chains thence North 1879,
| West4 46-lOO chains to stake; thence North &C.
East 59-lOO chains to the place OF beginning,
containing / 31-l0O acres, With the saw mill aud
all the privileges thereof, reserying the reser-
vatiOn of Clark GOss 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 rods above the mil dam, being
the Northwest corner Of a three acre lot deed
! ed by Jonathan Vaughn to Abraham s. Under
hill thence North 81. Eastto the centre Of the
Roekport road thence along the centre Of the
road Northerly u rods, thence South Gle, West
TO the centre Of the river; thence with the CEN
tre OF the river or Eas; line Of the first descrb-
cd lot to the place OF beginning, supposed to
contain acre Of land and conveyed to Sebra s.
Howard by James Greth BY deed in vol 70, Guy
ahogs Co. Records page GIL: Also, another piece
Ofiandl IN section H. Middleburg, bounded as fol-
| lows; commencing at point in the centre of
Front street, IN the South lme Ofthe Right of Way
Ofthe G. c. / c. Railroad, thence Al lon the centre
! Of said Front street to land owned by said Sc
| bra Howard, (being one acre OF land,) thence
| South GlS, West TO the centre of Rocky river
the East branch thereof, thence North.westerly
| along the centre OF SAID river 10 the south line
| Of the Right OF way or the @. O. 4 G. Railroad
| thence along said South line to the place
Of beginning, containing about s acres of
land, and the same land conveyed by Wallace
and Warner to said Howard by deed in Cuyahopa
Co. Records vol; 81, page 343. 4th.Also, part Of
section "A, in Middleburg, bounded rs follows: be-
ginning in the centre Of the East branch of Rocky
| river, on the section line between sections II
| and q, thence South on said line to the
| centre of the highway, thence NOrth-Westerlv in
the centre of the highway 70 the south line Of
| the Right of Way Of the c. c. & c. Railroad,
| thence Easterly along said South line
to the centre of Rocky rVeri thence
| South-easterly along said river centre to
| the place OF beginning, containing, about
| acre. 9th, Also, part of Lot No !, Tract
| No. 8, in the township Of Olmstead, and
| bOundedbeginning at the Southwest corner Of
| Lot /, thence East rods, thence North running
| at an average offs rods from the centre of said |
rYer the distance Of 10 rods thence West rods
/ to the centre of said rlVers thence along the |
centre of said river to the place Of beginning |
containing 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 Teser-
vatlon Of the privilege Of flowing water back up
on the land as described in deed of John Barn
um to Peter Kidney, Oct 10, 1885, recorded in |
y
6. Also in 0lmsted Falls village, in 'Oimsted /
Township, and bounded as follows Beginning i
at point on Bridge street, rods west Of the |
southwest corner Of a lot sold by me to A. W. |
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 i
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 .. Q. Wright thence sOutherly along
Salln Wughts west line to the place Of begin
nlng FeserVtng a OF an acre sold by said Harmon L
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 81 and SO in said village. g. Also another
piece IN said village, and known as sub lot No. sin
sald village. These three parcels were conveyed
by L. A. Harmon to Howard. See vol. 80, page A95
OF Cuyahoga Co. Records. g. Also in the VILLAGE
OF Olmsted Falls, and intending to describe and
convey town lots Nos. ninety-three, ninety-four,
nlnety-nVe, .ninety-slX, nlnety-seven, ninety
eight, n nety mine and one hundred, and so much |
of Howard street as was conveyed in a former
deed to said Howard by said Harmon, excepting
and reserYlng therefrom q lot with house there
on sold by l.. A. Harmon to the Junction Rail-
road Company, rods front by 10 rods rear, sup
posed to contain about ~ acres Of land Deed |
70 Howard acknowledged June 10, 1852, and re-
corded IN volume l2O, page sc Of CuyahOga Coun-
ty Records. From the lots 81 andes should be |
excepted part sold by Howard to Murphy May
Z, ls6O See volume 1O4, page COS of said Records.
~ Also sub lots Nos. 4, s, and Z in Olmsted
Falls village. IL. Also in Olmsted Falls village |
the whole Of sub lot No. o. and the north part of
% not before conveyed to A. Spaulding. Deed
from u. A. Harmon, volume 73, page GIL, II. Al
so the following described piece Of land to be
used Tor railroad purposes, viz: Commencing |
AZ q point one hundred and ninety feet north Of |
the center OF the Cleveland a Toledo Railroad
track thence westerly along said track eurVing
nOrthWardlV atthe rate of ten dayraas 10 tbo bI1v