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

The State Of ohiol In Court Of Common Pleas,
CuyahogaCounty' CYL % e ae5on ,i ior money and
Franklin T. Back1s, plf,
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry C.
Burtman, Joshua ]. Nc
ClintOck snd Edward
Whlpple1 defendants.
THE defendants who have not received
notice by service Of summons herein, viz:
Henry G. Burtmsn and Edward Whipple will
take notice that on the l4th day of September,
A. d. 1868, the plaintiff FLED his petition u the
Court above mentioned for said County against
the above named defendants, setting fsrth there
in that the defendant Evelyn H. Wilcox on the
10th day Of November 1861, executed and deli7-
cred to the defendant McClintoek his i've prom
isOry notes, one for Sl57, payable June 1st,
1862 one for $500, payable November lst, 1852 ;
one for $500, payable November 1st, 1868; one for
$500, payable November 1st, 1854, and one for
$500 payable November 1st, 1865 all bearing in
terest from the date thereof; that to secure the
! payment Of these notes said defendants Evelyn
H. Wilcox and Catharine Wilcox, wife of said
Evelyn H. executed November goth, 1861,
mortgage deed to said McClntock, which is re-
| corded in OuyahOga County Records, Vol ll6,
page 4S4 according to the terms Of which mort
gage deed, said Evelyn Il. Wilcox and his wife
| Catharine conveyed to said McClntock the fol-
lowing described premises situate IN the town
/ ship Of Bedford IN CuyahOga County, Ohio, and
known as the east part Of lot No thirty-nine,
/ bounded north, south and east by the line Of
sad lot and west ten acres OF land sad lot
| heretofore decided by James Berdan and wife to
| Sylvester }. Smith, containing forty three and
one-hundredth acres Of land; the condition Of
which mortgage dee was such, that, whereas
| SAID. Evelyn d. Wilcox did execute and deliver
/ as aforesaid his said five prOmsory notes to said
McClintOek if said Evelyn b. Wilcox, his heirs,
/ assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said McClintoek, his heirs 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 lst, 1852, were duly
/ assigned by said McClintoek to the Plaintiff who
still holds them that Of said nc tes so assigned,
the one for SOC, payable November 1st, 1852,
/ came TO maturity November 4th, 1862, but was
not then paid nor any part thereof, and that the
same ha- not since been paid either in whole or
part. That said defendant Burtman, who claims
some interest in said premises, has according to
the best Of plaintiff knowledge and beliefno in
terest therein Of any validity that, to the best Of
/ plaintiffs knowledge and belief, the note for
S157 above mentioned payable June lst, 1862, has
been fully paid that the defendant Whlppe
claims some interest IN said premises by virtue
Of certain Judgment given in his favor against
the defendant MoClntOck and others by the
Court Of Common Pleas within and for said
County and State in the May term of said Court,
A. d. 1883 for S42l 96-l00, apOrtIOn Of Which re-
mains unpaid and the Judgment TO that extent
unsatisfed, but that plaintiff being ignorant
whether said Whipple and McClintock have at
this time any subsistlng lien upon said premis-
es, demands proof Of the same said petition
therefore asks that account be taken OF the
amount due plaintiff, his mortgage foTeelOsed,
the priorities OF lien determined the said lan0s
and tenements ordered TO be sold, the proceeds
or so much thereofas may be necessary, applied
to the payment Of his debt, and that he may
have such other and further relief in the premis-
es as he is In equity entitled to claim.
Said defendants, Burtman and Whipple, are
hereby notified that they are required to appear
and answer SAID petition on or before the third
Saturday after the 9TH day Of November, A D.,
1868.
BACKUS & NOBLE,
sept24:l23 Plaintiffs Attorneys.