Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-02
LEGAL NOTICES.
THE sTATE OF OHTO- OtYAHOaA

NE OIAL6 VI OnAOj
County, 6. s. In Court Of Common Pleas.
Civil action for money and sale of lands.
George V. HoWk Plaintiff vs.. Charles Howard,
Eleanor Howard EXeeutrix Of Sebra Howard de-
ceased Eleanor Howard, J. Montgomery, Seth
A. Abbey, Orlando Cutter administrator Of Nell
son Monroe deceased; Farley Sheldon, John
Johnson, Elijah Smith, W. s. Carpenter, N. s.
Carpenter, Ella R. Chittenden, Richard L. Chit
tendon, Orrln ]. Howard, and Emogene @. How
ard, defendants.
The defendants in this case will take notice
that the plaintiff, has filed in said Court his petit
ton against the above named defendants, which
is in substance as follows: That on the
18th day Of November, A. d. 1850, the Ohio
Insurance Company was a corporation To-
Gated and doing business at New Albany,
II the State OF Indiana, and by its act of incor-
poration was invested with Banking Privileges,
and with the rightto exact and take for the loan
of money on notes, drafts and other securities, a
rate Of interest not exceeding ten per eentum
per annum. That the said Ohio Insurance Com
pany Is in full legal existance, sndis still invested
s s55r saS that that on ns said tRsth dsy Of N e1Ts
1850, Sebra Howard and Charles Howard were
partners doing business under the name Of s. &
C.. Howard. That on said 18th Of November
1850, said S. q c. Howard with one j. Mont
gomery, executed and delivered to said Ohio
Insurance Company their note for.
Two months after date to the order Of c. B.
Apologize Esq. Secretary, atthe Banking office
Of the Ohio Insurance Company, New Albany.
Payment on which note having been duly de-
AaAAE4H IA A0N AAA A0A AA1 EnA4G0 gGGAH 1AAn
nor any part thereof; that afterwards and dur
ing the life Of the said Sebra Howard, to wit
on the 9th day Of September, 1851, said note
being due and the said S. & c. Howard wishinga
further extension OF the same, an agreement
was entered into between said Ohio Insurance
Company and said S. & c. Howard, that if the
said S. @. Howard would pay interest at the
rate OF ten per centum per annum, upon said
note, to said Ohio Insurance Company, and would
secure the paymant Of said note by a good and
sufficient mortgage upon real estate, the said
/ OhiO Inauranp0 GOmnQmV WOuId extend the time
Of payment Of said note one half for one year
from said September 9th, and one half in two
years from said 9th day Of September 1861:
That in pursuance Of said agreement last above
stated the said Sebra Howard with his wife
/ Eleanor Howard, executed and delivered to the
said Ohio Insurance Company, Of New Albany,
Indiana, a mortgage, o (which, aeopyis attached
TO said petition, on the following described
tracts or lots ofland, situated in the villages of
Olmsted Falls and Mddleburgh in the County Of
CuyahOga and State Of Ohio, and known as the
Large Howard Quarry, at Olmsted, with railroad
connecting it to the Cleveland & Toledo Railroad,
with the water power Of Rocky River thereon.
Also, the old homestead or residence Of said
Towards, in said village, with about four and a
half acres of and cultivated grounds,
with out buildings and gardeners residence, now
occupied by W. Be2tson Warlng. Also, the
water power and lands at the village Of Mid
dleburgh, in said County, containing, also,
a large quarry Of Berea Stone, extending
from the Cleveland & Columbus Railroad to six
rods above the dam of the old saw mill, with all
the right to flow above. All said property sde-
tinitely described in seven deeds to said Howard
by the following parties, viz one from Luther
Barnum and his wife Ann, one from Cyrus P.
Dryden and his wife Harriet. one from Gilruth
and four from Lester A. Harmon, all Of said
deeds are recorded in the Office Of Records for
CuyahOga at Cleveland Ohio"
said lands being more particularly described
as follows: l5t. Part Of section II. in Mid
oleburg and bounded as follows; begin
ming at the southeast corner of land former
ly owned by Betsey Fairchild, in the centre of
tie East branch Of Rocky river, thence South
zoe, East along the course Of said river 4 44-lOO
chains to The southeast corner; thence South
Gle, West 76-l0O chains thence North 1879,
West4 46-l00 chains to stake; thence Nsrth sc,
East . $500 chains to the place OF beginning,
containing l 37-lOO acres, with the saw mill and
all the privileges thereof, reserving the reser-
walton Of Clark GOss and Ashbel ButtOlph to
pass aud re-Pass with teams or otherwise, made
in their deed to Sylvester X. Hays. I'd. Also,
another piece in said section, and on
the East side Of the above described lot COM
mencing in the center Of the East branch Of
Rocky river, 6 rods above the mill lam, being
the Northwest corner Of a three acre lot deed
ed by Jonathan Vaughn to Abraham S. Under
hill thence North 6l', East to the centre of the
Rockport road, thence along the centre Of the
road Northerly y rods, thence South Sc, West
to the centre Of the river thence with the CEN
tire of the river or East line OF the first describ-
ed lot to the place Of beginning, supposed to
contain l acre Of land and conveyed to Sebra S.
| Howard by James Gilreth by deed in vol 70, Guy
ahoga Co. Records page GIL. Also, another piece
Ofland in section Il, MIddleburg, bounded as fol-
lows: commencing at a point in the centre Of
Front street, in the South line ofthe Right OF Way
ofthe &C & C. Railroad, thence along the centre
Of said Front street to land owned by said Sc
bra Howard being one acre OF land,) thence
South Gle, West 10 the centre of Rocky river,
the East branch thereof, thence NORTHWESTERN
along the centre OF said river to the -outh line
Of the Right Of Way Of the c.. c.. & @. Railroad,
thence along said South line to the place
Of beginning, containing about 5 acres OF
land, and the same land conveyed by Wallace
and Warner to said Howard by deed in Cuyahoga
Co. Records, vol. 80, page 343. 4th. Also, a part OF
section p, in Middle6uTg, bounded as follows: be-
ginning in the centre OF the East branch Of Rocky
river, on the section line between sections II
and p, thence South on said line to the
centre Of the highway, thence North-Westerly in
the centre Of the highway to the South line of
the Right Of Way Of the c. @. & C. Railroad,
thence Easterly along said South line
to the centre Of Rocky river; thence
SOuth-easterly along said river centre to
the place OF beginning, containing, about
l acre. 9TH, Also, a part Of Lot No. l, Tract
No. 5, in the township Of Olmstead, and
bOundedbegnning at the Southwest corner of
Lot l, thence East rods, thence North running
at an average offs rods from the centre of said
river the distance Of Is rods, thence West srods
to the centre of said river, thence along the
c9ntre of said river to the place OF beginning,
cOhtaiaing Zof an acre Of land, subject to the
right OF said Barnum and his assigns to construct
a road way from the bed of tho river to such
point on the bank as he may deem best, by him
or his assigns to be used for the transit of m
stone, &c, with the privilege ofspace of loading
and unloading cars on the bank. Also a reser-
vauon Of the privilege Of flowing water back up
on the land as described IN deed Of John Barn
um to Peter Kidney, Oct. 10, 1885, recorded in
CuyhOga county Records, in vol. 70, page Clio.
G. Also in Olmsted Falls village, in Ofmsted
Township, and bounded IS follows: Beginning
at point on Bridge street, 4 rods west Of the
southwest corner Of a lot sold by me to A. W. |
Sabin; thence west along Bridge street to the
center Of River street, thence IN the center of
River street northerly to the north line Of tract
one thence east on said line to c. P. Dryden's |
northwest corner; thence sOutherly to q hollow |
maple tree, glagod and crossed thence south
erly to the northwest corner OF land sold by me |
70 satin and Q. c.. Wright; thence southerly along !
Saln 4 Wrlghts west line to the place ofbepins |
ming, reserytngZ Of an acre sold by said Harmon
70 the Junction Railroad Company IN the south |
east corner Of the land here convened. being 4 |
rods on Bridge street and ten rods deep, Z Also |
another piece in Olmsted Falls village, known as |
sub lots 52and53 in said village. 8. Also another /
piece IN said village, and known as sublotN No Sin |
said village. These three parcels were conveyed
by LA. Harmon to Howard. See vol. 90, page 495 |
o. Cuyahoga 20. Records. 9. Alssi in the village
OF Olmsted Falls, and intending to describe and
town lets Nos. ninety-thres, ninety-four,
nlnety-hye, .ninety-siN, ninety-seYen, ninety-
eight, n~'nety-nine and one hundred, and SO much
OF Howard street as was conveyed in a former
deed to said Howard by said Harmon, excepting
and reserVing therefrOm alot with a house there
on sold by L. A. Harmon to the Junction Rail-
road Company, 4 rods front by 10 rods rear, sup
posed to contain about ~ acres Of land. Deed
to Howard acknowledged June 10, 1852, and re-
corded in volume l2O, page Sc Of CuyahoRa Com-
y AsoSOAuS' ELOm tne lOts ~ ana 20 should be
excepted a part sold by Howard to Murphy May
!, ls6O. See volume lOA, page COS Of said Records.
10. Also sub lots Nos. 4, 8, and 7 in OImsted
Falls village. II. Also in Olmsted Falls village,
the whole ofsub lot No. 81 and the north part Of
% not before conveyed to A. Spaulding. Deed
rom L.. A; Harmon, volume 73, page GIL. II. Al
80 the following described piece Of land to be
lsed for railroad purposes, viz: Commencing
It a point one hundred and ninety feet north OF
The center Of the Cleveland q Toledo Railroad
rack; thence westerly along said track curying
lorthwardly at 1.-THE rate OF ten degrees to the hum
ired teet, (said curved line being indicated by
takes set at intervals offfty feet thence south
llong the west line Of Dryden's land to the CEN
er Of said railroad track thence eastwardly
long the north line Of said track to the place Of Z
leglnnlng. Sad piece or parcel ofland may re-