Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-04
LEGAL NOTICES.
sTATE OF OHIO. CuYAHOGA

' VII In "a VIM I
County, S. s.. In Court Of Common Pleas.
Civil action for money and sale Of lands.
George Y. HoWk Plaintiff vs.. Charles Howard,
Eleanor Howard ExecutriXO 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: 5.
Carpenter, Ella R.. Chittenden, Richard i. Chit
tenden, Orrin J. Howard, and Emogene c. How
ard, defendants.
The defendants in this case will take notice
that the plaintiff, has filed in said Court his peu-
ton against the above named defendants, which
is in substance as follows: That on the
18th day Of November, A. d. lSGOs the Ohio
Insurance Company was q corporation To-
Gated and doing business at New Albany,
IN the State of Indiana, and by its act OF lncOr-
poration was invested with Banking Privileges,
and with the rightto exact and take for the loan
Of money on notes, drafts and other securities, a
rate Of interest not exceeding ten per eentum
per aunum. That the said Ohio Insurance Com
pany Is in full legal eXistance, andis still invested
with the same rights, privileges, and powers
aforesaid, that on SAID 18th day Of November,
1860, Sebra Howard and Charles Howard were
partners doing business under the name OF ). q
c. Howard. That on said 18th OF November
1860, SAID 3. d C. Howard with one y Mont
gomery, executed and delivered 70 SAID uhlo
Insurance Company their note for.
Two months after date to the order Of c. B.
Apologize 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 itsinee been paid,
nor any part thereof; that afterwards and dur
ing the fife Of the said Sebra Howard, to wit:
on the 9th day Of September, 1851, said note
being due and the said 5. q G.. Howard wishinga
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. sc. HoWardsWOuld pay interest at the
rate of ten per centum per annum, upon SAID
note, to saidO hio Insurance Company, and would
secure the paymant of said note by a good and
sufficient mortgage upon real estate, the said
Ohio Insurance Company would extend the time
Of payment Of said note one half for one year
from said September 9th, and one half in two
years from said 27th 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,
Indiana, a mortgage, ofwhich, acopy is attached
to said petition, on the following described
|. tracts or lots nfland, Bituated IN the villages OF
Olmsted Falls and Mlddleburgh in the County Of
Cuyahoga and State of Ohio, and known as the
Large Howard QuarrF, at Olmsted, with railroad
connecting il to the Cleveland & Toledo Railroad,
with the water power Of Rocky River thereon.
Also, the old homestead or residence of said
Towards, IN said village, with about four and a
half acres of ornamental and cultivated grounds,
with out buildings and gardeners residence, now
occupied by W. BeatsOn Waring. Also, the
water power and lands at the village Of Mid
dleburgh, in said County, containing, also,
a large quarry OF Berea Stone, extending
from the Cleveland & Columbus Railroad 10 six
rods above the dam of the old saw mill, with all
the right to flow above. All said property SIDE
fnitely described in seven deeds to said Howard
ny tina fnlloWing parties viz one from Luther
Barnum and ms wife Ann, one from Cyrus P
Dryden and his vile Harriet, one from Gilruth
and four from Lester A. Harmon, all of said
deeds are recorded in the Office Of Records fol-
Cuyahoga at Cleveland Ohio"
said lands being more particularly described
rs follows lst. Part Of section II. in Mid
dleburg and bounded as follows: begin.
ming At the southeast corner OF land former
~ owned by Betsey Fairchild, In the centre o
I fra Fast branch Of Rocky rIVnF- thanaa 2oufE
29S, East along the course Of said river 4 44-IO
chains to the southeast corner; thence Soutf
6l', West 76-lOO chains thence North 1879
West4 46-lOO chains to stake; thence North u"
East 2 59-lO0 chains to the place OF beginning
containing 1 37-lOO acres, with the saw mill AM
all the privileges thereof, reserving the reser
walton Of Clark GOss and Ashbel Buttolph Z
pass aud re-pass with teams or otherwise, mad,
in their deed to Sylvester r. Hays. I'd. Also
another piece in said section, and OF
the East side of tho above described lot com
mencing in the center Of the East branch o
Rocky river, C rods above the mill dam, bein,
the Northwest corner Of a three acre lot deed
ed by Jonathan Vaughn to Abraham S, Under
hill thence North 6l', EasttO the centre Of tn,
ROckpOrt road, thence along the centre of tn,
road NOTtherly II rods, thence South 61e, ives
to the centre OF the river; thence with the cen
tire Of the river or East line of the first descrb
ed lot to the place Of beginning, supposed L
contain 1 acre Of land and conveyed to Sebra s
Howard by James Gilreth By deed in vol 70, Guy
ahOga Co. Records page 6lls Also, another piece
o. ~
lows: commencing at n point IN the centre o
Front street, in the South line ofthe Right of Wsl
Ofthe &C. & c. Railroad, thence alOngthe centre
Of said Front street to land owned by said Sc
bra Howard, being one acre OF landA thence
South Gl0, West 70 the centre Of Rocky river
the East branch thereof, thence NORTHWESTERN
] along the centre OF said river to the couth line
Of the Right Of Way Of the C. c. & c. Railroad
thence along said South line to the place
Of beginning containing about 5 acres Q
land, and the same land convened by Wallace
| and Warner To said Howard nv haad in Tnvabous
Co. Records, vol. 81, page Jas. 4th. Also, a part o
section a, in MlddlebuFg, bounded as follows: be.
ginning in the centre Of the East branch of Rocky
river, On the section line between sections II
and p, thence South on said line to the
centre Of the highway, thence North-westerly IL
the centre Of the highway TO The South line Of
the Right Of Way Of the G. c. & c. Railroad,
thence Easterly along said South line
to the centre Of Rocky river; thence
South-easterly along said river centre to
the place Of beginning, containing, about
I acre. 9Th, Also, a part Of Lot No. l, Tract
No. 8, in the township Of Olmstead, and
bOundedbegnning ut the Southwest corner OF
Lot /, thence East rods, thence North running
at an average offs rods from the centre of said
river the distance of 10 rods, thence West Srods
to the centre Of said river, thence along the
csntre Of said river to the place Of beginning,
CONTAINING %of an acre Of land, subject TO the
right of said Barnum and his assigns to construct
a road way from the bed of tho river to such
point on the bank rs he may deem best, by him
or his assignst to be usedforthe transit oflumber,
stone, &c, with the privilege ofspace of loading
and unloading cars on the bank Also a reser-
Walton Of the privilege Of flowing water back up
on the land as described in deed Of John Barn
UNI to Peter Kidney, Oct. 10, 1885, recorded in
CUyhoga county Records, in vol. rs, page 6I5.
6. Also in Olmsted Falls village, in 'Oimsted
Township, and bounded as follows Beginning
alta point on Bridge street, 4 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 0 ftract
I N . fhnmnn nnaN On said linz n q d nruln-Ta
northwest coner thence sOutherly to a hollow
maple tree, glazed and crossed ; thence sobth-
erly to the northwest corner OF land sold by me
70 Salm and y. G. Wright; thence sOutherly along
Salln q Wrighps west line to the place ofbepine
nng, reserYtng q Of an acre sold by said Harmon
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. 7. Also
another piece in Olmsted Falls village. known ss
sub lots 52and 50 in said village. 8. Also another
| piece in said village, and known as sublot No ain
sad village. These three parcels were conveyed
by LA armOnt to Howard See vol. 90, mage 495
of Cuyahoga Co. Records. 9. Alsei in the yiliape
OF Olmsted Falls, and intending TO describe and
convey town lots Nos. ninety-three, ninety-four,
ninety-hye, ninety-six, ninety-seven, 1inety-
eight, n nety-nine and one hundred, and so mich
OF Howard street as was conveyed in a former
deed to said Howard by said Harmon, excepting
and reserving therefor alot with a house there
on sold by L. A. Harmon to the Junction Rail-
road Company, 4rOds front by 10 rods rear. sum-
posed TO contain about "a acres Of land. Deed
corded in volume I2O, page Sc Of Cuyahoea Conn
ty Records. From the lots 81 and 95, should be
excepted a part sold by Howard to Murphy Nav
q 1850. See volume lO4, page COS Of said Records.
To. Also sub lots Nos. 4, 5, 6 and 7 in Olmsted
Falls village. H.. Also in Olmsted Falls village,
the whole ofsub lot No. 81 and the north part Of
So not before conveyed to A. Spaulding. Deed
rom L. A: Harmon, volume 70, page GIL. u. Al
so the following described piece of land to be
used for railroad purposes, viz: Commencing
at a point one hundred and ninety feet north Of
the center Of the Cleveland q Toledo Railroad
track thence westerly along said track curying.
northwardly att rate Of ten degrees to the hum
dred Ieet tsald curved line being indicated by
along the west line Of Dryden's land 70 the CEN
ter Of said railroad track; thence ~eastyardlv
along the north line Of said track TO the place Of
heulnniup Said niacn or rorooT 49,