Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-23
LEGAL.


The State Of Ohiol In Court or Common Pleas,
SE' IS. AnOS sale Of S lands. s. '
Franklin T. BseI1s, pl'f,
aQlinst
Evelyn y. Wilcox, Cath
1Fl1la Wilcox, Henry G.
Burtman, Joshua J. Nc.
CllntOck and Edward
Whipple, detendants
VIE defendants who have not received
notice oy service Of summons herein, viz:
Henry O. Burtman and Edward Whipple will
take notice that on the l4th day Of September,
A. D. 1858, the plaintiff FLED his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
in that the defendant Evelyn h. Wilcox on the
SOth day OF November 1861, executed and deliv-
cred 10 the defendant McC1intock his i've prom
isory notes, one for Sl57, payable June 1st,
1852 one for 500, payable November 1st, 1862;
one for $500 payable November lst, 1868; one for
$500, payable November LIST, 1864, and one for
500 payable November 1st, 1865, all bearing in
terest from the date thereof; that 10 secure the
payment Of these notes said defendants EVELYN
II. Wilcox and Catharine Wilcox, wife Of said
Evelyn II. executed November 10th, 1851,
mortgage deed to said MeClintock, which is re-
corded in Cuyahoga County Records, Vol. lis,
page 4s4 !; according to the terms Of which mort
gage deed, said Evelyn H. Wilcox and his wife
Catharine conveyed to said McCllntOek the fol-
lowing described premises, situate in the town
/ ship Of Bedford in CuyahOga County, Ohio, and
known IS the east part Of lot No. thirty nine,
| bounded north, south and east by the line Of
ssld lot and west by ten acres ofland in said lot
heretofore decided by James Berdan and wife to
| sylvester J. Smith, containing forty three and
/ one-hundredth acres Of land; the condition Of
/ which mortgage dee1 was such, that, whereas
sald EYeIyn n wilcox I'D execute and deliver
IS aforesaid his said i've promisory notes to said
/ McClintOck, if said Evelyn h. Wilcox, his heirs,
| assigns, executors or administrators, should
well ana truly pay said notes according to their
tenor to said McClintoek, his hairs or assigns,
then said mortgage deed should be void but
| Otherwise remain in full force and virtue and
| furthermore, that all Of said notes, except the
| one for Sl57, payable June 1st, 1867 were duly
| assigned by said McClintock to the Plaintiff who
i still holds them that Of said nc tes so assigned,
| the one for 500, payable November list, 1862,
/ came to maturity November 4th, 1862, but was
not then paid nor any part thereof, and that the
| same has not since been paid either in whole or
i part. That said defendant Burtman, who claims
| some interest in said premises, has according to
the best of plaintiff knowledge and belief no in
terest therein OF any validity that TO the best Of
/ plaintiffs knowledge and belief, the note for
Sl5I above mentioned payable June LIST, ls6&, has
| been fully paldj that the defendant Whlpple
/ claims some interest in said premises by virtue
/ of 8 certain judgment gwen in his fsvOr against
/ the defendant MeClintOck and others BY the
i Court Of Common Pleas within and for said
i County and State in the May term OF said Court,
A d. 1859 for S421 96-lOO, spOrtion Of which re-
mains unpaid and the Judgment 10 that extent
unsstished, but that plaintiff being ignorant
whether said Whipple and McClintOck have at
Il this time any subsisting lien upon said prems-
Il es, demands proof of the same; said petition
4 In6EelOES Asks LndL ACCOUNT De Laken OF the
amount due plaintiff his mortgage foreclOsed,
the priorities of lieT determined, the said lands
| and tenements OFT cred to be sold, the proceeds
| or so much there6 a. may be necessary, applied
i to the payment OF h's debt, and that he may
have such other and further relief in the prems-
es as he is In equity entitled TO claim.
i Said defendants, BuFtman and Whipple, are
4 hereby notified that they are required TO appear
and answer said petition on or before the third
Saturday after the 5th day Of November, A. D.,
1868.