Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-23
LEGAL NOTICES.
N DOMINION PLEAS CUYA

4 N COMMUN kLEAD, W 4AhOUA
County, Ohio.-For money and sale Of lands.
Daniel d.. Fltzhugh, Ephraim Cone and Walter
Ayrault, deceased Plaintiffs, vs.. Ellery 6. Will
liams, Henry Chamberlin, Henry W. Clark, John
E Cary horatio y. Ward, Harriet E. Ward, Reu-
ben Hitchcock, John P. Wheeler, LathrOp W. Da-
Wis, James S. WadsWorth, John kI Armstrong, re-
ceiYer Of the Canal Bank Of Cleveland, f. N.
Isett, William G. Brewster, Charles L. Camp,
The City Bank Of Cleveland, The Cleveland and
Mahoning Railroad Company, Edward Wade,
The Qulmeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank Of Wheeling,
Henry Il. Bowen, Theodore McNamee, Samuel
P. Holmes, Horace FOote, James P. Mellen, Hen
ry L. Stone, Defendants.
Any ofthe said defendants who have not been
served with process will take notice that on the
9Th day Of December, 1858, Allen Ayrault, then in
full life but now deceased, and ofWhOm plaintiffs
are Executors, fled his petition in the above
named Court, which petition sets forth in sub
stance
LIST. That about April Sd, 1854, the defendants,
Williams and Chamberln, for a valuable conside-
ration advanced to them by said Allen Ayrault st
Geneseo, in the State ofNeW York, delivered to
said Ayrault their Joint and several note, dated
on said Sd day Of April, payable months after
date, to the order of Norman Chappell at the
Metropolitan Bank, New York, for 5000 90 with
interest, which was duly indOrsed by said Chap
pell to said Allen AyTault. That about July 8
1851 at GeneseO aforesaid, said Ayrault still be-
ing holder of said note, at instance Of said E. g.
| Williams and Chamberlin received in substitu-
ton for said note, the joint and several note Of
| said Williams Chamberlin, Henry W /, Clark and
John E. Carey, bearing date at said GensseO, July
5, 1854, payable January Sd, 1856 to the order of
said Ayrault at the Metropolitan Bank, New York,
for SIS 900 90 with interest annually, and that by
| the law Of the State of New York, he is entitled
to recover at the rate Of seven per cent. interest
| per annum on the same, and there IS due on the
same 81, 500 90 with interest at seven per cent to
| be computed as aforesaid from July 8, 1865, for
| which plaintiffs ask judgment.
2. That about July 5, 1854, at said Geneseo sald
E. G. Williams ana Cham berlin, for value received,
delivered TO said Agrault another joint and sew
| eral note, executed by said Williams, Chamber
lin, Clark and Carey, payable to the order Of said
/ Avrault July 1, 1856, at said Metropolitan Bank
] for 5000 % with interest annually, the rate ef
| interest in the State OfNeW York then and there
/ being seven per centum per annum that said
note is wholly unpaid and there is due to said
| Ayrault on the same, the sum OF $4,000 with an
nal interest thereon from July s. 1855, at the rate
| of per cent per annum-for which plaintiffs ask
| Judgment
Sd That on said 5th day Of July, 1884, at said
| Geneseo, said Williams 4 Chamberlain, Tor the
| purpose, among other things Of securing the
payment Of said notes, delivered TO said Alien
/ Ayraut a mortgage deed bearing date July 8,
1854, and executed on that date by said Ellery G.
/ Williams and Caroline n. Williams his wife lwho
has since deceased) upon the following described
premises to WIT: one equal, undivided halfin com
mon Of the following described tract OF land, sit
! uate m the township Of NeWbergh, being number
| seven in the 18th range of townships in the Con-
neeticut Western Reserve, in the State Of Ohio,
! and whichts also IN the county Of CuyOhOga and is
known as being part Of 100 acre lot No. 53, and
is bounded as follows: On the east, north and
| west by the original lines Of SAID lot, and on the
| south by the center Of the Edwards road $50 call
/ ed), excepting right Of way 20 feet IN width on
| each side Of the center Of the Cleveland and
| Pittsburgh Railroad track as now laid, said IN
divided q containing % 94-l00 acres ofland. Also
the whole Of the following described lots, situat
| ed in the city Of Cleveland, county and State
aforesaid, to wit: Sub lot No. As in the Charles
Taylor farm, $50 ealled) situated on Detroit street,
being 40 feet front by $50 feet deep, and sub-lot
No. - in block No. 2, Of Baldwin Seymour's $
subdivision ofl0 acre lots 81 and 50 on Hunting
ton street, beng SO feet front by l20 feet deep
| which said mortgage was, on the 10th day Of Ju-
iy, 1854, at 81 O'Clock A. NJ, duly delivered for
| record to the Recorder Of said Cuyahoga county
and by him duly recorded on the 10th day ofAu-
| gust A. D. 1854, IN Cdyahoga county records, vol.
IA, pages 426-T-s-aI Of which premises the plain
this claim the right to sell by virtue Of said mort
| gage on account of the failure to pay the notes
| aforesaid-to pay the amount due on said notes.
/ Said Ayrault further sets forth in said petition
| that said defendants, Hitchcock, Wheeler, DAVIS,
! Wadsworth, Armstrong Receiver Jetts, Brew
| ster, Camp, The City Bank Of Cleveland, The
! Cleveland & Mahoning Railroad Company, Wade,
| The Quimeipiac Bank, Isaae Adams, Jr., The
| Merchants and Mechanics Bank Of Wheeling,
| Bowen, McNamee, Holmes and Stone have. or
| pretend to have, some claim by way Of deed or
| mortgage, byWay of judgment lieni upon said
| premises in SAID mOrtage described or upon
| some part ofthe same; but he says that all such
liens or conyeyanees, Eany there be, are inferior
and subordinate to that OF said AyTault. The said
/ AyTault further sets forth that SAID defendant,
Harriet 4. MardJ VINO Is the Vile OF sad HOTatlO
! N. Ward, heretofore held mortgage upon said
premises, or part thereof, to secure the pay
| nent Of the sum ofS4,0OO 90, which mortgage is
! yet uncancelled ofrecord, but as the sum to Sc
| cure the payment Of which said mo- tgage was
| given, fell due on the first day Of March, A. ID.
1857, he charges that the same has been fully
! paid.
| Said Ayrault therefore asks that an account
| may be taken Of the amount due him from said
/ defendants, Clark, Williams, Chamberlain, Carey,
that they may be ordered to pay the same with
| in some short period to be fixed BY the Court, in
that behalf and that upon their failure TO pay
| the same, said premises in said mortgage de-
scribed, be ordered TO be sold as upon judgments
at law, and that the proceeds Of such sale be
| applied to the payment OF the amount found due
| to the said Ayrault, and that he may have such
other and further reliefin the premises as may
| be Just and equitable.
The defendants, not served with process, will
answer said petition by the 2lst day of March,
lso3 or the matters alleged in said petition will
be taken as true, and Judgment rendered as
prayed for in said petition.
RANNEY, BACKUS s NOBLE,
January 9th, 1853 Plff's Att'ys.
ian29:430 g."