Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-06
LEGAL

The State Of ohio) In Court Of Common Pleas,
0uyahosaoOuny Sd GTll oS as0n IsGd. Tor money and
Franklin T Baok1s, pi'tf,
again-t
Evelyn H. Wilcox, Cath
arine Wilcox, Henry G.
Burtman, Joshua ). Nc.
Clintock and Edward
Whlpple, defendants.
NHE defendants who have not received
notice by service of summons herein, viz:
Henry c. Burtman and Edward Whipple Will
take notice that on the i4th day Of September,
A. D. 1868, the plaintiff hled his petition in the
Court above mentioned for said County against
the above named defendants, setting forth there
in that the defendant Evelyn b. Whcox onthe
10th day Of November 1861, executed and deliv-
cred to the defendant McClintock his five prom
sory notes, one for Sl57, payable June 1st,
1862 one for 500. payable November lst, 1862
one for $500, payable November lst, 1868; one for
$500, PAYABLE November Ist, 1854, and one for
$500 payable November lst, 1855, all bearing in
terest from the date thereof; that to secure the
payment of these notes said defendants Evelyn
T. Wilcox and Catharlne Wilcox, wife Of SAID
Evelyn Il. executed November 10th, 1861,
mortgage deed to said McClntock, which is re-
corded in Cuyahoga County Records, Vol. lie,
page 4S4 according to the terms Of which mort
gage deed, said Evelyn H. Wilcox and his wife
Catharine conveyed TO said McChntock the fol-
lowing described premises, situate in the town
ship OF Bedford IN CuyahOga County Ohio, and
known the east part Of lot No. thirty nine,
bounded north, south and east by the line Of
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
one-hundredth acres OF landi the condition OF
which mortgage dee was such, that, whereas
SAID Evelyn Il. Wilcox did execute and deliver
as aforesaid his said five prOmisoTy notes to said
McClintoek, if said Evelyn q. Wilcox, his heirs,
assigns, executors or administrators, should
well and trulv pay said notes according to their
tenor to said McClintock, his heirs or assigns,
then said mortgage deed Should be void but
otherwise remain in full force and virtue and
furthermore, that all of said notes, except the
one for Sl57, payable June 1st, 1852, were duly
assigned by said McClin'ock to the Plaintiff who
still holds them; that OF said nc tes so assigned,
the one for $500, payable November lst, 1852,
came to maturity November 4th, 1869, but was
not then paid nor any part thereof, and that the
same ha- 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 beliefno in
terest therein OF any validity that to the best OF
plaintiffs knowledge and belief, the note for
S157 above mentioned payable June 1st, 1852, has
been fully paid; that the defendant Whlpple
claims some interest IN said premises by virtue
OF certain judgment gwen In hls 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. 1853 for S42l 96-lOO, aportion Of which re-
mains unpaid and the judgment TO that extent
unsatisfed, but that plaintiff being Ignorant
whether said Whipple and McClntock have al
this time any subsisting lien upon said premis-
es, demands proof of the same; said petition
therefore asks that account be taken OF the
amount due plsinuf his mortgage foTeclosedi
the priorities of lien determined, the said lands
and tenements ordered to be sold, the proceeds
OF so much thereofa as may be necessary, applied
to the payment Of his debt, and that he may
have such other and further relief in the prerns-
es as he is in equity entitled to claim
Said defendants, Rurtman and Whipple, are
hereby notified that they are required to appear
and answer sad petition on or before the thIrd
Saturday after the 5th day Of November, A. D.,
1868.
BACKUS B NOBLE,
sept24:l23 a Plaintiffs Attorneys.