Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-04-22
LEaAL NOTIcEs,
THE STATE OF OHIO. CUYAHOG


County, s. s. In Court Of Common Pleas.
Civil action for money and sale OF lands.
George V. HoWk Plaintiff vs.. Charles Howard,
Eleanor Howard ExeeutriX of Sebra Howard de-
/ ceased Eleanor Howard, ]. Montgomery, Seth
| A. Abbey, Orlando Cutter administrator Of Nell
son Monroe deceased; Farley Sheldon, John
johnson, Elijah Smith, W. 8. Carpenter, N. s.
Carpenter, Ella r. Chittenden, Richard L. Chit
tenden, Orrln J. Howard, and Emogene c. How
ard, defendants.
The defendants in this case will take notice
that the plaintiff has fled in said Court his petit
| ton against the above named defendants, which
| is in substance as follows: That on the
18th day Of November, A. D. 1860, 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 ineor-
| poration was invested with Banking Privileges,
and with the right to exact and take for the loan
of money on notes, drafts and other securities, a
rate of interest not exceeding ten per centlm
| per annum. That the said Ohio Insurance Com
pany Is in full legal exstance, and is still invested
aforesaid, that on said 18th day Of Novembe
| 1850, Sebra Howard and Charles Howard were
| partners doing business under the name Of 8. &
C. Howard. That on said 18th OF November
gomery, executed and delivered to said Ohio
Insurance Company their note for.
Two months after date to the order of C. B.
Applegate Esq. Secretary, at the Banking Office
of the Ohio Insurance Company, New Albany
Payment on which note having been duly de-
IQQnQeQ, was not LnaQe nor II since DeeQ
nor any part thereof; that afterwards and dur
ing the life Of the said Sebra Howard, to wit: !:
on the 9th day OF September, 1851, said note
being due and the said S. C. Howard wishing a
further extension Of the same, an agreement
was entered into between said Ohio Insurance
Company and said 5. & c. Howard, that if the
said S. C. Howard would pay interest at the
rate Of ten per centum per annum, upon ssid
note, to said Ohio Insurance Company, and would
secure the paymant OF said note by 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 9th 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, mortgage, Of which, copy is attached
to said petition, on the following described
tracts or lots ofland, situated in the villages Of
Qlmsted Falls and Mlddleburgh in the County OF
Cuyahoge and State Of Ohio, and known as the
Large Howard Quarry, at Oimsted, with railroad
connecting it to the Cleveland Toledo Railroad,
with the water power Of Rocky River thereon.
Also, the old homestead or residence Of said
Howards, in said village, with about four and
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
dlehqFgh, n sad County containing, also,
@ large quarry Of Berea Stone, extending
from the Cleveland & Columbus Railroad to SIX
rods above the dam Of the old saw MILL with all
fnitely described in seven deeds to said Howard
by the following parties, viz one from Luther
Barnum and his vile Ann, one from Cyrus p
Dryden and his wife Harriet, one from Gilruth
and four from Lester A. Harmon ali of said
/ deeds are recorded in the Office of Records for
Cuyahoga at Cleveland Ohio"
said lands being more particularly described
as follows lst. Part Of section IT, in Mid
oleburg and bounded as follows: begin
ming at the southeast corner of land former
! ly owned by Betsey Fairchild, in the centre of
Nnn gt 0Rh NJ R0alr rive
| 29s, East along the course of said river 4i-lOO
chains to the SOuth-east corner; thence South
| 6lS, West 76=l00 chains thence North 1879,
West4 46-l0O chains to stake; thence North 6fe
East 59-lOO chains to the place OF beginning,
containing l 37-lO0 acres, with the saw mill and
/ all the privileges thereof, reserving the reser-
walton Of Clark Goss and Ashbel Buttolph to
| pass aud re-pass with teams or otherwise, made
/ in their deed to Sylvester r. Hays. I'd. Also,
/ another piece IN said section, and on
| the East side Of the above described lot COM
| mencing in the center Of the East branch of
Rocky river, rods above the mill dam, being
/ the Northwest corner Of a three acre lot deed
| ed by Jonathan Vaughn TO Abraham s, Under
hill thence North 6l9. East to the centre of the
ROckPOTt road, thence along the centre of the
road Northerly y rods, thence South 6le, West
| TO the centre Of the river; thence with the cen
tire OF the river or East line Of the first descrb-
cd lot to the place Of beginning, supposed to
contain l acre Of land and conveyed to Sebra S
Howard by James Gilreth by deed in vol 73 Guy
ahoga Co. Records page GIL. Also, another piece
Vi btGblou IL bounded IOl-
lows: commencing at point in the centre of
Front street, in the South line ofthe Right OF Way
ofthe C. c. C. Railroad, thence along the centre
Of said Front street to land owned by said Se-
bra Howard, (being one acre Of land,) thence
South Gle, West 10 the centre Of Rocky river
the East branch thereof, thence North-Westerly
along the centre Of said river TO the south line
of the Right Of Way Of the G. C. & c. Railroad,
thence along said South line - the place
of beginning containing about acres Of
land, and the same land conveyed by Wallace
10. 90 =
Co. Records, vol 50, page 343 4th. Also, part OF
section "a, in Middeburg, bounded as follows: be-
ginning in the centre OF the East branch Of Rocky
river, on the section line between sections II
and "A, thence South on said line to the
centre Of the highway, thence NOTth-westerly in
the centre Of the highway to the South line of
the Right Of Way Of the @. G. & 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
acre. 9Th, Also, part Of Lot No. l, Tract
No. 5, IN the township Of Olmstead, and
bOundedbeglnniDg at the Southwest corner of
Lot l, thence East rods, thence North running
st an average offs rods from the centre of said
river the distance Of 10 rods, thence West rods
to the centre of said river thence along the
csntre Of said river to the place OF beginning
cohtaialng q 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 as he may deem best by him
or his assigns to be used for the transit of oflumber
stone, &C., with the privilege of space of loading
and unloading cars on the bank Also a reseF-
yation OF the privilege Of flowing water back up-
on the land as described in deed of John Barn
um to Peter Kidney, Oct. 10, 1885, recorded in
Cuyhoga county Records, IN vol. IS, page 6I5.
g. Also IN Olmsted Falls village, in Oimsted
Township and bounded as follows: Beginning
at point on Bridge street, 4 rods west of the
southwest corner Of 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 of tract
ono thence east on said line to c. p. Drydeuia
northwest corner; thence southerly to a hollow
maple tree, glazed and crossed thence south
erly to the northwest corner Of land sold by me
to Salin and Q. G. Wright; thence southerly along
Salln Wrghrs west line to the place of Begin
nlng' reservtng a Of an acre sold by said Harmon
to the Junction Railroad Company in the south
east corner Of the land here conveyed heing 4
rods on Bridge street and ten rods deep. 7. Also
another piece in Olmsted Falls village, known as
sub lots 81 and 90 in said village 5. Also another
piece IN said village, and known as sub lot No Sin
said village. These three parcels were convened
by l.. A., Harmon to Howard. See vol. 90, page 495
OF Cuyahoga Co. Records. 9. Alse in the village
of Olmsted Falls, and intending to describe and
convey town lets Nos. ninety-thTee, ninety-four,
nlnety-six, ninety-seYen, ninety-
eight, nety-nine and one hundred, and so much
OF Howard street as was conveyed in a former
deed to said Howard by said Harmon, excepting
and reservlng therefrom lot with a house there-
on sold by l. A. Harmon to the Junction Rail-
road company, 4 rods front by 10 rods rear, sup
posed to contain about AZ acres Of land. Deed
to Howard acknowledged June TO- 1852, and re-
corded IN volume l20, page sc of Cuyahoga Couu-
ty Records. From the lots % and 50, should be
excepted part sold by Howard to Murphy NAV
y ls6O. See volume l04, page COS of said Records
10. Also sub lots Nos. 4, 5, 6 and in Olmsted
Falls village IL. Also in Olmsted Falls VILLAGE.
the whole fsub lot No. O. and the north part of
90 not before conveyed to A. Spaulding. Deed
from L. A. Harmon, volume 73, page 62l. II. Al |
so the following described piece Of land to be |
used for railroad purposes, viz: Commeneing |
at point one hundred and ninety feet north OF |
the center Of the Cleveland & Toledo Railroad |
Track; thence westerly along said track curving |
1orthWsrdly at the rate of ten degrees to the hum
dred feet (said curved line being indicated by |
stakes set at intervals offty feet } thence south
along the west line of Dryden's land to the cen
ter Of said railroad track; thence eastwardly |
along the north line Of said track to the place Of
Said piece or parcel of land may re-
vert to the said C. P. Dryden by his paying the |
5um above mentioned to the said Sebra Howard /