Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-11-03

Franklin 7. BackQs, pPh,
against
Evelyn g. Wilcox, Cath
srine Wilcox, Henry @.
Burtman, Joshua ]. Nc
Clintock and Edward
Whipple, defendants.
HNHE defendants who have not received
notice by service of summons herein, viz ;
Henry @. Burtman 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 H. Wilcox onthe
cred to the defendant McClintock his i've prom
isory notes, one for sl5T, payable June lst,
1862 one for $500, payable November lst, 1862 /;
one for $500, payable November lst, 1853; one for
$500, payable November 1st, 1864, and one for
500 payable November LIST, 1855, all bearing in
terest from the date thereof that to secure the
payment of these notes said defendants Evelyn
H. Wilcox and CRtharine Wilcox, wife OF SAID
Evelyn H. executed November 10th, 1861, q
mortgage deed to said McCllntock, which is re-
corded in Cuyahogs County Records, Vol u6,
page 4s4 according to the terms Of which mort
gage deed, said Evelyn h. wilcox snd MS Wlte
Catharine conveyed TO said McClmtOek 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-nlne,
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 ]. Smith, containing forty three and
which mortgage deet was such, that, whereas
said Evelyn Il. Wilcox did execute and deliver
as Aforesaid his said five promisory notes to said
McClintOck, if said Evelyn q. 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
furthermore, that all of said notes, except the
one for Sl57, payable June 1st, 1862, were duly
assigned by said McClintock to the Plaintiff who
still holds them that Of said nc tes so assigned,
the one for S2Oe, payable November LIST, lS62,
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 beieino in
terest therein OF any validity ;that, to the best Of
plaintiffs kn0BleGgs and belief, the note for
Sl57 above mentioned payable June lst, 1862, has
been fully paid; that the defendant Whlpple
claims some interest IN said premises by virtue
Of a certain judgment given in his favor against
the defendant McClntock 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-l00, aportlon Of v hieh re-
mains unpaid and the judgment 10 that extent
unsatsfed, but that plaintiff being Ignorant
whether said Whipple and McClntock have al
this time any subsisting lien upon ssid p:emis-
es, demands proof Of the samei said Pstiton
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 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, Rurtman and Whipple, are
hereby notified that they are required 70 appear
and answer said petition on or before the third
Saturday sfteE the 5th day Of November, A. D.,
1868.
BACKUs & NOBLE,