Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-16
LEGAI.


The State of ohiO) In Court Of Common Pleas,
IS. S. 1D' sale or lands. s. -''
Franklin T. BackGs, pl'f,
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry G.
Burtman, Joshua ]. Nc.
Glintock and Edward
Whpple, defendants.
HNHE defendants who have not received
l. notice by service OF summons herein, viz:
Henry c. Burtman and Edward Whipple will
take notice that on the l4th day Of September,
A. D. ls63 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 H. Wilcox on the
20th day q November 1851, executed and deIiy-
cred to the defendant McClntock his 1--WE prom
isOry notes, one for sl57, payable June 1st,
1862; f; one for $500, payable November 1st, 1852
one for $500, payable November lst, 1868; one for
$500, payable November lst, 1864, and one for
$500 payable November 1st 1865, ali bearing in
terest from the date thereof; that to secure the
payment Of these notes said defendants Evelyn
H. Wilcox and Catharine Wilcox, wife OF said
Evelyn II. executed November Goth, 1851, a
mortgage deed to said MeClintock, which is re-
corded IN Cuyahoga County Records, Vol. ll6,
page 4S4 according to the terms ofwbich mort
gage deed, said Evelyn H. Wilcox and his wife
Catharine conveyed to said AcChntOek 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-nlne,
bounded north, south and east by the line Of
sad 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
one-hundredth acres OF land; the condition OF
which mortgage deet was such, that, whereas
sad Evelyn H. Wilcox did execute and deliver
as Aforesaid his said five promisory notes to said
McCllntOcki II said Evelyn d. Wilcox, his heirs,
assigns, executors or administrators, should
well and truly pay said notes according to their
tenor to said McClintOck, his heirs or assigns,
then said mortgage deed should be void bat
/ n o in ffrlT md ufr md
furthermore, that all Of said notes, except The
one for sl57i payable June lst, 1852, were duly
assigned by said McClintOck to the Plaintiff who
still holds them that Of said NJ tes so assigned
the one for S2O0, payable November 1st 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
plaintiffs knowledge and belief, the note for
Sl57 above mentioned payable June 1st, l5G2 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 McClntOck and others By the
Court Of Common Pleas within and for said
County and State in the May term Of said Court,
A. d. 1859 for Si2l 96-l0O, apOrtiOn Of which re-
mans unpaid and the Judgment TO that extent
unsatisfed, but that plaintiff being ignorant
whether said Whipple and McCllntock have st
this time any subsistlng lien upon said premls-
ess demands PROOF OF the SaIne5 sdlQ peILOn
therefore asks that account be taken Of the
amount due plaintiff, his mortgage foreelosed,
the priorities of lien determined, the said lands
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 premis-
es as he IS in equity entitled to 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 9TH day OF November, A. D.,
1868
BACKUS & NOBLE,
sept24123 Plaintiff 8 Attorneys.