Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-27

| me 5tate OF OhlO In Court OF Common P4aas
| OuyshOgSOounIyI ClVll action for money and
Franklin T. Baek1s, pi'f,
| against
Evelyn Fl. Wilcox, Cath
| srine Wilcox, Henry O. !
Burtman, Joshua ]. Nc.
CllntOck and Edward
! Rhipple, defendants.
NHE defendants who have not received
Il notice by service OF summons herein, viz I.
Henry @. Burtman and Edward Whippie will
take notice that on the 18th day Of September,
A. u 1868, the plaintiff FLED his petition in the
tl Sonrt above mentioned for said County against
the ABOVE named defendants, setting forth there
IN N that the defendant Evelyn d. Wilcox on the
SDth day ofNovember 1861, executed and deliV-
cred 70 the defendant MeCliRtoek his fve prom
isoIy notes, one for Sl57, payable June Ist,
ls6Si one for 500, payable November lst. 1852
one Tor $500, payable November lst 1868; one FOR
| 49, payable November 1st, 1884, and one for
s1OV payable November Ist, 1866 ali bearing IN
terest nom the date thereof: that 10 secUrs the
Raynlent OF these notes said defendants EVELYN
D. wilcox and Cstharine Wilcox, wife OF aid
EFe.Jn d; executed November 10th, 1861,
mortgage deed to said McClintock, which is re-
corded IN Ouyahoga County Records, Vol II6
page 4s4 according to the terms of which mort.
gsge DEED, sad Evelyn e. Wilcox and his wife
lSetnsIine conveyed to said McClIntock the fol-
loving described premises, situate in the town
snip 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 az
SAID lot and west by ten acres of land in said lot
heretofore decided by James Berdan and wife to
sylvester j. Smith, containing forty three and
ne-nunoredth acres Of land; the condition OF
Wncn mortgage deet was such, that, whereas
sad Evelyn II. Wilcox did execute and deliver
as aforesaid his said Eve prornisorv notes h. saf5
McClintoek, If said Evelyn h. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to sad McClintock, his heirs or assigns,
tnen SAID mortgage deed should be void but
otherwise remain in full force and yirtue and
IurtneTnOre,
one for Sl57, payable June 1st, 1852 were duly
assigned by said McClintock to the Plaintiff who
SUI hoids them that Of said nc tes so assigned
the one for 500, payable November Ist 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
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 |
Sl57 above mentioned payable June lst, 1862, has |
been fully paid; that the defendant Whipple !
claims some interest in said premises by virtue |
oI certain Judgment given in his favor against |
the defendant McClintock and others nv the |
Court of Common Pleas within and for said /
county ana State in the May term Of said Court /
A D. 1853 for S421 96-lOO aportion of y hich re-
MAINS MAINS unpaid and the Judgment to that extent /
unsatished, but that plaintiff being ignorant |
whether said WhiPple and McClintock have at
this time any subsisting lien upon said premis-
es, demands proof of the same; said petition
eLoie d7hS bnak account De taken OF the /
amount due plaintiff his mortgage foreclosed |
the priorties of lien determined, the said LANDS
and tenements ordered to be sold, the proceeds
or so much thereofas may be necessary, applied
10 the payment Of his debt, and that he may |
nave such other and further relief in the preIns-
es as he is in equity entitled 10 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 5th day OF November, A. D.,
1868.
BACKUS & NOBLE,
sept24:123 Plaintiffs Attorneys.