Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-02

106 state O1lO OF common FleaBs
CuyahogaCountyI Civil action for money and
IS. sale Of lands.
Franklin T. Back1s, pl'f,
against
Evelyn h. Wilcox, Cath
srine Wilcox, Henry Q.
Burtman, Joshua ]. Nc.
Clintock and Edward
Whipple, defendants.
UHE defendants who have not received
notice by service Of summons herein, VIZ:
Henry @. Burtman and Edward Whipple will
take notice that on the I4th 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 H. Wilcox on the
10th day Of November 1861, executed and deliT-
cred to the defendant McClintock his five prom
isory notes, one for S157, payable June 1st,
1862 one for $500, payable November lst, 1862 I;
one for $500, payable November 1st, 1868; one for
$500 payable November lst, 1854, and one for
500 payable November 1st, 1866, all bearing in
terest from the date thereof; that to secure the
payment Of these notes said defendants Evelyn
ID. Wilcox and Catharine Wilcox, wife OF said
Evelyn d: executed November 10th, 1861,
mortgage deed to said mcCllntock, which is re-
corded in Cuyahogs County Records, Vol. I6,
page 484 according to the terms OF which mort
gage deed, said Evelyn H Wilcox and his wife
Cstharne conveyed to said hcClIntock the fol-
lowing described premises, situate in the town
ship of Bedford in Cuyahogs County, Ohio, and
known as the east part Of lot No. thirty mine,
bounded norths 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 land; the condition Of
Which mortgage deed was such, that, whereas
said Evelyn d. Wilcox did execute and deliver
as aforesaid his said five promisory notes to said
McChntock, If said Evelyn Il. 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 but
otherwise remain in full force and virtue and
n said fba
one for Sl57, payable June 1st, 1862, were duly
assigned by said McClntock to the Plaintiff who
still holds them that Of said nC ties so assigned,
the one Tor Sz0O, payable November LIST, 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 plaintiff 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 Ist, 1862, 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 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 S421 96-lOO, aportion Of which re-
mains unpaid and the Judgment to that extent
unsatished, but that plaintiff being ignorant
whether said Whipple and MeClintock have st
this time any subsisting lien upon said premis-
esi demands proof Of the same; said petition
therefore asks that account be taken of the
amount due plaintiff, his mortgage foreclosed,
the prioritles Of lien determined, the said lands
and tenements ordered to be sold, the proceeds
or 30 much thereofss may be necessary, applied
70 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, Burtmsn 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 4 NOBLE,
sept24l23 Plaintiff Attorneys.