Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-06
DOMINION PLEAS. CUYAHOGA

4 Countv Ohio.-For money and sale Of lands.
Dane h. Fitzhugh, Ephralm Cone ana M91Iel 11',
IIsms, Henry Chamberlin, Henry W. Clark John
e. Cary, HoTatiO n. Ward Harriet Z Ward Reu-
ben 4itebcock, John p Wheeler, LsthropW Da-
vis lanes 81 WadsWorth, John M Armstrong, re-
oeiver OF the Canal Bank Of Cleveland r NJ
Isett, William c. Brewster, Charles l.. camp,
The City Bank Of Cleveland Inc Clefeiana A1o
Naboninp Railroad Company Edward Wadei
The Ouineipiao Bank, lsaac Adams Jr.' Inc
\ Merchants and Mechanics Bank OF WneeHnB,
Henry n. Bowen Theodore MeNsmee, Samuel
D Holmes. Horace Foote, James p. Melleni Hen
" l.. stone, Deiendants- ,. -
Anv OF the said defendants who have net been
served with process will take notice that on the
ON dav OF December, 1885, Allen Ayrault, then 10
| mi Iifs but now deceased, and ofwhom plaintiffs
are Executors, filed his petition IN the ABOVE
named Court, which petition sets forth IN SUD-
ist THAT about April Sd, 1884, the defendants,
/ Williams and Chamberlin, for valuable conSlde-
ration advanced to them by sald Allen AyIauls ss
/ CeDaseo in the State ofNew York, delivered TO
| aid Ayrault their joint and several note, dated
| on said Sd day Of April payable months ater
| Metropolitan Bank New York, for so,UO0 " with
| interest, which was duly indorsed by SAID CnaP-
| nell 10 said Allen Ayrault. That about July o.
| is54 at GeneseO aforesaid, said Ayrault still be-
- holder III said note at instance Of said E. e..
| Williams and Chamberlin received IN suostitu-
RON for said note, the joint and several note OF
said Williams Chamoerlin, Henry w. ClarK az. ana
| Jobn +. Carey bearing date az SAID Geneseo, July
| s. 1854 payable January 3d. 1856 TO the orQer OF
said Ayraultat the Metropolitan Bank, New YORK,
for ,UOO % with interest annually, and that oy
| tha law of the State of New York, he is entitled
10 recover at the rate OF seven per cent interest
per annum on the same, and there Is due on the
same 81 800 % with interest at seven per cent 70
| be computed as aforesaid, from July D, 1900 Ior
which plaintiffs ask Judgment
| . That about July 8, 1854 al said Geneseo said
E. G. Williams and Chamb BERLIN for value received,
| delivered TO SAID Agrault another JOINT and seT-
eral note, executed by said Williams, Chamber,
lin Clark and Carey, payable 70 the order OF sac
| AyrauIt July l, 1886, at said metropolitan Bank
for $4,000 VI with interest annually, the rate oi
| interest in the state New York then and there
/ being seven per eentum per annumi that salq
| note IS wholly unpaid and there Is due TO sad
| Ayrault on the same, the sum Of s6,OOo win an
pial interest thereon from July o 1850 al the rate
of per cent per annun-ior which plalnttis ass
!S7 That on said 9Th day Of July, 1854, at said
Geueseo, said Williams & Chamberlain, for the
| purpose, among other things Of securing the
, payment of said notes, delivered to sad Alfe1
Ayrault a mortgage deed bearing date July )
1854 and executed on that date by said Ellery q
NJ. .iiarns and Caroline N. Williams his wife (WhC
has since deceased) upon the following descrlDec
premises to wit: one equal, undivided halfln com
mon Of the following described tract Of land ST
nate in the township Of NeWbergh, being numbe
seven in the 18th range Of townships in the Con
necticut Western Reserve, in the State Of Ohio
and which is also in the county OF Cuyohog3 and L
known as being part Of lUO acre lot No. 533, anC
10 ho11Y1aad lnll0snss On tho H9et nerthe -
wes by the original lines Of said lot, and on th
an eTcepting right Of way 20 feet in width o.
> each side of the center Of the Cleveland ant
Pittsburgh Railroad track as now laid, said un
divided = containing SO 94-lO0 acDs ofland- Ais
the whole OF the following described lots, sltuat
| ed in the city of Cleveland county and stat
Z aforesaid, to wit; sub lot No. 20 IN the Charie
TAYLOR aru $50 called) situated on Detroit street
| being 40 feet front by $50 feet deep and sub-lo
No Is in block No. ?, Of Baldwin & seymour
subdivision Ofl0 acre lots 81 and 81 on hunting
ton street, beng so feet front by 10 feet deep
/ which said mortgage was, on the 10th day of Ju
w. 1854, at ~ o'clock A. NJ, duly delivered 70
record to the Recorder Of said Cuyahoga count
| and BY him duly recorded on the 10th day fAu
gust A. D. 1854, IN CuYahoga county records, vol
"a, pages 426-7-s-all of which premises the plain
tif claim the right to sell by virtue Of said mort
gage on account Of the failure 70 pay the note
| sSfoTe- -aid-to pay the amount due on said notes
, | said Ayrault further sets forth IN said peuhol
that said defendants, Hitchcock, Wheeler, DAVIS
Wadsworth, Armstrong, Receiver Jets, Brew
, | ster, Camp, The City Bank Of Cleveland, Tn
| Cleveland Mahoning Railroad Company Wade
The Quimeipiae Bank, Isaac Adams, yr, In
Merchants and Mechanics Bank OF wheeling
= Bowen, McNamee, Holmes and Stone have. o
/ pretend to have, some claim by way Of deed o
| mortgage, by way Of judgment lien, upon saiC
| premises in said mortage described or uPol
some part ofthe same but ne says that al sucl
liens or conveyances, nany there be, are inierio
and subordinate TO that Of said Ayrsult The sal
Avrault further sets forth that SAID defendant
Harriet E. Ward, who is the wife Of said Horati
n Ward, heretofore held mortgage upon sal
premises, or part thereof, 70 secure the pay
ment OF the sum ofS4 900 90, which mortgage
vet uncanceged ofrecoTd, but as the sum % Sc
I cure the payment Of which said mortgage Wa
. given, fell due on the first day Of March, A. l
1857, he charges that the same has been full
70 paid.
said Ayrault therefore asks that an seeou1
may be taken Of the amount due him nom sal
defendants, Clark, Williams, Chamberlain, CaTeJ
that they may be ordered TO pay the same with
in some short period to be fixed BY the Court, !
that behalf and that upon their failure so 70 pa
the same, said premises in said mortgage de
scribed, be ordered to be sold RS upon judgment
:. at law, and that the proceeds Of such sale
applied to the payment Of the amount found du
70 The said Ayrault, and that he may have sue
- other and further reliefin the premises as ma
be Just and equitable.
The defendants, not served with process, vi
answer said petition by the 2lst day Of Marcl
1873, or the matters alleged in said petition vi
be taken as true, and Judgment rendered g
prayed for in said petition. -
J, RANNEY, BACKUs & NOBLE,
January 9th, 1858. Plhs Attys.
L jan29:430