Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-09
LEGAL.

The State OF Ohio In Court Of Common Pleas,
IS. sale Of lands.
Franklin T. Back1s, pl'f,
against
Evelyn H. Wilcox, Cath
arine Wilcox, Henry G.
Burtman, Joshua J. Nc.
Clintock and Edward
Wmpple, defendants.
NHE defendants who haRe not received
notice BY service of summons herein, viz:
Henry c. BurtmRn and Edward Whipple will
take notice that on the l4th day Of September,
A. D. 1868, 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 d. Wilcox on the
Goth day Of November 1861, executed and deliV-
cred to the defendant McClintock his i've prom
isory notes, one for Sl5T, payable June 1st,
1862; one for $500, payable November lst, 1862
one for $500, payable November 1st, 1865 one for
$500, payable November 1st, 1864, and one for
$500 payable November 1st, 1855, all bearing in
terest from the date thereof; that to secure the
payment Of thesenotes said defendants Evelyn
H. Wilcox and Catharine Wilcox, wife of said
Evelyn d. executed November Goth, 1861,
mortgage deed to said MeCllntock, which is re-
corded in Cuyahoga County Records, Vol. l16,
page 4S4 according to the terms of which mort
gage deed, said Evelyn h. Wilcox and his wife
Catharine conveyed to said McClntock 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-nine,
bounded north, south and east BY the line OF
said lot and west by ten acres ofland 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 dee was such, that, whereas
said.Evelyn 81. Wilcox did execute and deliver
as aforesaid his said five promisoTy notes to said
McClintock, if said Evelyn b. Wilcox, his heirs,
assigns, executors or administrators, should
we'll and truly pay said notes according to their
tenor to said McClintock, his heirs or assigns,
then said mortgage deed should be void but
force
furthermore, that all Of said notes, except the
one for Sl57, payable June 1st, 1862, were duly
assigned by said MeClinIock to the Plaintiff who
still holds them that Of said NJ tes so assigned,
the one for 500, payable November 1st, 1862,
came to maturity November 4th, 1852, 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 plaintiff knowledge and beiefnO in
terest therein of any validity that, to the best Of
plaintiffs knowledge and belief, the note for
1857 above mentioned payable June lst, 1862, has
been fully paid; that the defendant Whipple
claims some interest IN said premises by virtue
OF certain Judgment gwen in his favor against
the defendant McClintock 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 S42l 96-l00, aportIOn Of Nhich re-
mains unpaid and the judgment to that extent
unsatisfed, but that plaintiff being ignorant
whether said Whpple and McClntock have at
this time any subsisting lien upon said premis-
osa ueAlhLus pLuOA Vi sAAo 5dA1l6I sdlu petition
therefore asks that account be taken of the
amount due plaintiff his mortgage foreclosed,
the priorites 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 5th day Of November, A. D.,
1868.
BACKUS 4 NOBLE,
sept24:l23 Plaintiffs Attorneys.