Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-03-02
LEGAL NOTICES,
rs CUYAHOGA

IN COMMON PLEAS, CUYAHOGA
County, ohio.-For money and sale Of lands.
Daniel h. Eltzhugh, Bphraim Cone and Walter
Ayrault, Exeeusor Of Allen Ayrault, de-
ceased Plalnnhss rs. Ellery G. Williams
Henry Chamberlin, Henry W. Clark, John
E. Cary, Horatio n. Ward, Harriet E. WaId, Reu-
ben Hitchcock, John p. Wheeler, Lsthrop w. Da-
Wis, James S. WadsWOrth, John d. Armstrong, re-
ceiver Of the Canal Bank Of Cleveland, +. NJ.
Isett, William C. Brewster, Charles L. Camp,
The City Bank Of Cleveland, The Cleveland and
MahOning Railroad Company, Edward Wade,
The QuImeiplac Bank, Isaac Adams Jr.s The
Merchants and Mechanics Bank Of Wheeling,
Henry II. Bowen, Theodore McNamee, Samuel
P. Holiness Horace Foote, James P. Mellen, Hen
ry l.. Stone, Defendants.
Any ofthe said defendants who have net been
served with process Will take notice that on the
9th day Of December, 1853, Allen Ayrault, then IN
full life but now deceased, and ofwhom plaintiffs
are Executors, fled his petition in the above
named Court, which petition sets forth in sub
stance
lst. That about April Sd, 1854, the defendants,
Williams and Chamberlin, for valuable conslde-
ration advanced to them by said Allen Ayrault at
Geneseo, IN the State OfNeW York, delivered to
said Ayrault their Joint and several note, dated
on SAID 81 day Of April, payable 9 months after
date, TO the order Of Norman Chappell at the
Metropolitan Bank, New York, for 5000 90 with
interest, which was duly indOrsed by said Chap
pell TO said Allen Ayrault. That about July 0,
1854, at GeneseO aforesaid, said Ayrault still be-
ing holder Of said note, at instance Of said E. G.
Williams and Chamberlin received in substitu-
ton for said note, the joint and several note OF
said Williams & Chamberln, Henry W. Clark and
John E. Carey bearing date at said GeneseOs July
5, 1854, payable January 3d. 1856, to the order Of
said Ayraultat the Metropolitan Bank, New York,
for $1,000 90 with interest annually, and that BY
the law of the State of New York, he is entitled
to recover at the rate Of seven per cent. interest
! per annum on the same, and there is due on the
same $500 90 with interest at seven per cent to
be computed as Aforesaid, from July ., 1855, for
which plaintiffs ask judgment.
2. That about July 8, 1854, at said Geneseo SAID
E. Civilians ana Chamberlin, for value received,
delivered to said Agrault another joint and sew
| eral note, executed by said Williams, Chamber
lin, Clark and Carey payable to the order Of said
| AyTault July l, 1856, at said Metropolitan Bank,
tor 5000 w with interest annually, the rate OF
/ interest in the State OfNeW York then and there
being seven per centum per annum that said
note IS wholly unpaid and there is due to said
I Ayrault on the same, the sum Of $4,000 with an
nual interest thereon from July s. 1885 at the rate
/ Oft per cent per annum-for which plaintiffs ask
judgment.
Sd. That on said 9Th day Of July, 1854, at said
| Geneseo, said Williams x Chamberlain, for the
purpose, among other things Of securing the
| payment Of said notes, delivered to said Allen
Ayrault mortgage deed bearing date July B.
1854, and executed on that date by said Ellery G..
Williams snd Caroline n. Williams his wife (gho
! has since deceased) upon the following described
premises to WIT: one equal, undivided halfin COM
mon of the following described tract Of land sit
uate in the township Of fNewbergh, being number
seven in the 18th range Of townships in the Con-
necticut Western Reserve, in the State OF Ohio,
and whichis also in the county Of CuyOhoga and is
known as being part Of 100 acre lot No. S33, and
is bounded as follows: On the east, north and
west by the original lines of said lot and on the
south by the center Of the Edwards road $50 call
ed), excepting right OF way 20 feet in width on
each side of the center Of the Cleveland and
Pittsburgh Railroad track as now laid, said IN
divided y containing 3 94-lO0 acres ofland. Also
the whole Of the following described lots, situat
ed in the city OF Cleveland, county and State
aforesaid, to w.t. Sub lot No. 46 in the Charles
Taylorfarm, $50 ealled situated on Detroit street.
being 40 feet front by $50 feet deep, and sub-lot
No. 13 in block No. 2, of Baldwin & Seymour's s
subdivision OflO acre lots 81 and 80 on Hunting
ton street, beng 80 feet front by l2O feet deep
which said mortgage was, on the 10th day of Ju-
ly, 1854, at "a O'Clock A. NJ. duly delivered for
record to the Recorder Of said CuyahOga county
and by him duly recorded on the 10th day Of Au-
gust A. D. 1854, in CuYahoga county records, vol.
a, pages 426-7-s-al Of which premises the plain
ts claim the right to sell by virtue of said mort
gage on account of the failure to pay the notes
afOresaid-to pay the amount due on said notes
Said Ayrault further sets forth in said petition
that said Defendants Hitchcock, Wheeler, DAVIS,
Wadsworth, Armstrong; Receiver Jets, Brew
ster, Camp, The City Bank Of Cleveland, The
Cleveland & Mahoning Railroad Company, Wade,
The Quimeipiac Bank, Isaac Adams, Jr., The
Merchants and Mechanics Bank Of Wheeling,
Bowen, McNamee, Holmes and Stone have. or
pretendto have, some claim by way Of deed or
mortgage, byway Of Judgment lien, upon said
premises in said mortage described or upon
some part ofthe same; but he says that all such
liens or conveyances, any there be, are inferior
and subordinate to that of said Ayrault. The said
Ayrsult further sets forth that SAID defendant
Harriet E. Ward, who is the wife of said HoratiO
N. Ward, heretofore held mortgage upon said
premises, or g part thereof to secure the pay
ment Of the sum OfS4, 600 90 which mortgage is
yet uncancelled of record, but as the sum to Sc
cure the payment of which said mortgage was
given, fell due on the first day Of March, A. D.
1857, he charges that the same has been fully
paid. Said Ayrault therefore asks that an account
may be taken Of the amount due him from said
defendants, Clark, Williams, Chamberlain, Carey,
that they may be ordered to pay the same with
in some short period to be fixed by the Court, in
that behalf, and that upon their failure so to pay
the same, said premises in said mortgage de-
scribed, be ordered to be sold as upon judgments
at law, and that the proceeds of such sale be
applied to tie payment Of the amount found due
to the said A Trault, and that he may have such
other and furSher reliefin the premises as may
be just and equitable.
The defendants, not served with process, will
answer said petition by the 2Ist day of March,
1868, or the matters alleged in said petition will
be taken as true, and Judgment rendered as
prayed for in said petition.
RANNEY, BACKUS & NOBLE,
january 9th, 1858. Plf's Attys.
faupQ.A30