Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-04

Franklin T. Back1s, pre-
against
Evelyn H. Wilcox, Cath
arins Wilcox, Henry G.
Burtman, Joshua J. Nc.
CllntOck and Edward
WhIpple, defendants.
UsHE defendants who have not received
notice by service Of summons herein, viz
Henry G. Burtmsn and Edward Whipple Will
take notice that on the 18th day OF September,
A d. 1868, 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 II. Wilcox on the
10th day Of November 1861, executed and deliy-
cred to the defendant MeCliRtOek his nv prom
isOry notes, one for Sl57, payable June Ist,
1862 one for $500, payable November 1st, 1862 ;
one for 800 payable November list, 1868; one for
$500 payable November lst, 1864, aud one for
$500 payable November lst, 1865, all bearing in
terest from the date thereof; that to secure the
payment Of these notes said defendants EVel yn
r. Wilcox and Catharine Wilcox, wife Of said
Evelyn H. executed November 10th, 1851, q
mortgage deed to said MeClintocH, which is re-
corded in CuyahOgs County Records, Vol. lie,
page 4s4 according to the terms Of which mort
gage deed, said Evelyn h. Wilcox and his wife
Cstharine conveyed to said McChntock 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 y-nne,
bounded north, south and east by the line Of
said lot and west by ten acres fland 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
said Evelyn II. Wilcox did execute and deliver
as Aforesaid his said i've promisory notes to said
MeOlntock, If said Evelyn Il. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said McClntOck, his heirs or assigns,
then said mortgage deed should be void but
otherwise remain in full force and virtue and
furthermore, that Rll of said notes, except the
one for sl51, payable June lst, 1862, were duly
Nv to-
still holds them that Of said nc tes so assigned,
the one for 500, payable November 1st, 1862,
came to maturity November 4th, 1852, but was
not then paid nor any part thereof, and that the
same has 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 plaintiffs knowledge and beliefno in
terest therein Of any validity that, to the best OF
plalnths knowledge and belief, the note for
Sl5I above mentioned payable June Ist, 1852 has
been fully paid; that the defendant Whipple
claims some interest IN said premises by virtue
OF certain judgment given in his favor against
the defendant McCllntOck and others by the
Court Of Common Pleas within and for SAID
County and State in the May term Of said Court,
A. d. 1853 for S42l 96-lO0, aportion Of which re-
mains unpaid and the Judgment to that extent
unsatished, but that plaintiff being ignorant
whether said Whipple and McClintoek have at
this time any sUbslsting lien upon said piemis-
es, demands proof Of the same; said bstition
therefore asks that account be taken of the
amount due plaintiff, his mortgage foreclosed
the prorltles OF lien determined, the said lsnds
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 prerns-
es as he Is IN equity entitled to claim.
SAID defendants, RuTtmsn and Whipple, are
hereby notified that they are required TO appear
and answer SAID petition on or before the third
Saturday after the 5th day Of November, 4. D.,
1868.
BACKUS b NOBLE,
sept24I23 Plaintiffs ATTORNEYS.