Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-21
LEGAL NOTICES.
IN COMMON PLEAS


Daniel II. Fitzhugh, Ephraim Cone and Walter
Ayraut, deceased, Plaintiffs, vs.. Ellery G.. VIII
hams, Henry Chamberlin, Henry W. Clark, John
E=Cary, HoTato N Ward, Harriet E. Waid, Reu-
ben Hitchcock, JohnP. Wheeler, Lathrop W. Da-
vs. James 8 Wadsyorth, John II Armstrong, re-
ceiver Of the Canal Bank Of Cleveland, +. NJ.
lsett, William G. Brewster, Charles L. Camp,
The City Bank of Cleveland, The Cleveland and
Mahoning Railroad Company, Edward Wade,
The Qumeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank of Wheeling,
Henry Il. Bowen, Theodore McNamee, Samuel
P. Holmes, Horace FOote, James P. Mellen, Hen
ry l.. Stone, Defendants.
Any ofthe said defendants who have net been
served with process will take notice that on the
9th day of December, 1855, Allen Ayrault, then in
full life but now deceased, and ofWhOm plaintiffs
are Executors, filed his petition in the above
named Court, which petition sets forth in sub
stance
lst. That about April Sd, 1854, the defendants,
Williams and Cham6eTlin, for a valuable conside-
ration advanced to them by said Allen Ayrault at
Geneseo, in the State ofNew York, delivered to
said Ayrault their joint and several note, dated
or said Sd day of April, payable months after
date, to the order Of Norman ChaPpen at the
Metropolitan Bank, New York, for $1,000 % with
interest, which was duly indorsed BY said Chap
pell to said Allen Ayrault. That about July o,
1854, at Geneseo aforesaid, said Ayrault still be-
ing holder of said note, at instance Of said E. G.
Williams and Chamberlin received in substtu-
ton for said note, the Joint and several note of
said Williams Chamberlin, Henry W. Clark and
John +. Carey, bearing date at said GeneseO, July
8, 1854 payable January Sd, 1856, to the order Of
said Ayrault at the Metropolitan Bank, New York,
for So 900 90 with interest annually, and that by
the law of the State of New York, he is entitled
to recover at the rate Of seven per cent. interest
per annum on the same, and there Is due on the
same 800 % with interest at seven per cent. TO
be computed as aforesaid, from July ;, 1855, for
which plaintiffs ask judgment
2. That about July 5, 1854, at said Geneseo sal d
E. G. Williams and Chamberlin, for value received
delivered to said Agrault another joint and sew
eral note, executed by said Williams, Chamber
lin, Clark and Carey, payable to the order Of said
Ayrault July l, 1856, at said Metropolitan Bank,
for 5000 w with interest annually, the rate Of
interest in the State ofNeW York then and there
being seven per centum per annum; that said
note is wholly unpaid and there is due to said
Ayrault on the same, the sum Of $1,000 with an
nual interest thereon from July 8 1850, at the rate
of per cent per annum-for which plaintiffs ask
Judgment.
3d That on said 9Th day of July 1854, at said
Geneseo, said Williams Chamberlain, for the
purpose, among other things Of securing the
payment OF said notes, delivered to said Allen
AyTault mortgage deed bearing date July g.
1854, and executed on that date by said Ellery G.
Williams and Caroline N. Williams his wife (whO
has since deceased) upon the following described
premises to wit: one equal, undivided halfin COM
mon Of the following described tract OF land, SIT
uate in the township Of Newbergh, being number
seven in the 18th range Of townships in the Con-
necticut Western Reserve, in the State Of Ohio,
and which also in the county Of Cuyohoga and is
known as being part Of 100 acre lot No. 333, and
is bounded as follows: On the east, north and
west by the original lines of said lot and on the
south BY the center Of the Edwards road $50 call
ed), excepting right of way 70 feet in width on
each side of the center of the Cleveland and
Pittsburgh Railroad track as now laid, said un-
divided q containing 80 941iOO acres ofland. Also
the whole Of the following described lots, situat
ed in the city OF Cleveland, coCnty and State
Aforesaid, to wit: Sub lot No. 46 in the Charles
Taylor farm $50 called situated on Detroit street.
being 40 feet front by $50 feet deep, and sub-lOt
No. - in block No. 2, Of Baldwin Seymour's
subdivision of 10 acre lots 81 and 50 on Hunting
hpInu 80 feet fr0ut bV lZ0 feet deem
which said mortgage was, on the 10th day Of Ju-
ly, 1854, at 81 o'clock A NJ, duly delivered for
record to the Recorder Of said Cuyahoga county
and by him duly recorded on the 10th day OfAu-
gust A. d. 1854, in CdYahoga county records, vol.
"A, pages 426-z-S-al of which premises the plain
tffs claim the right to sell by virtue Of said mort
! gage on account of the failure to pay the notes
aforesaid--to pay the amount due on said notes.
Said Ayrsult further sets forth in said petition
that said defendants, Hitchcock, Wheeler, DAVIS,
Wadsworth, Armstrong, Receiver Jets, Brew
| ster, Camp, The City Bank of Cleveland, The
| Cleveland B Mahoning Railroad Company, Wade,
| The Quimeipac Bank, Isaac Adams, JT., The
/ Merchants and Mechanics Bank Of Wheeling,
| Bowen, McNamee, Holmes and Stone have. or
| pretend to have, some claim by way of deed or
| mortgage. by way of judgment lien, upon said
| premises In SAID mortage described or upon
some part Of the same but he says that all such
liens or eonFeyances, fany there be, are inferior
| and subordinate to that OF said Ayraut. The said
| Ayrault further sets forth that said defendant,
| Harriet E. Ward, who is the wife Of said HOratiO
/ premises, or a part thereof, to secure the pay
! ment of the sum ofS4 900 90, which mortgage is
! yet uneanceIled ofrecord, but as the sum to Sc
cure the payment of which said mortgage was
! given, fell due on the first day Of March, A. D.
| 1857, he charges that the same has been fully
| paid.
Said Ayrault therefore asks that an secount
| may be taken of the amount due him from said
| defendants, Clark, Williams, Chamberlain, Carey,
that they may be ordered to pay the same with
| in some short period to be fixed by the Court, in
that behalf, and that upon their failure TO pay
| the same, said premises in said mortgage de-
! scrbed, be orderedto be sold as upon judgments
/ at law, and that the proceeds of such sale be
! applied to the payment OF the amount found due
| to the said Ayranlt, and that he may have such
| other and further reiefin the premises as may
| be Just and equitable.
| The defendants, not served with process, will
! answer said petition by the 2lst day of March,
1s63, or the matters alleged in said petition will
/ be taken as true, and judgment rendered as
/ prayed for in said petition
RANNEY, BACKU5 & NOBLE,
january 9th, 1858. Plff's Att'ys.
/