The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1863-01-16
LEGAL.

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STGATE SG.arE. CO epuosSi oHlo; Q. la Common Pleas.
Morris Seals, plaintiff. ti4.l
syls.N"s Ssr's' b Hit and Civil Action.
Elizabeth D. Hit, HE
wife, et al ,delenda nts tG
CAiD defendants, Sylveuus B. fIiu and Eliza.
- beth Hit, bis wife, who are non-residents OF
the State OF Ohio, will take notice. that on The
22nd day Of October, A. ID: 1862, the plaintiff,
Morris Searls, filed in the Office Of the Clerk Of
said Court, his certain petition. aud commences
an action agninst said defendants and others =
Said pet ton sots forth in substance, that on the
ist day Of Nov, A. ID. 1888, said Sylyenus b.
Hit made and delivered his five several pfomis-
sorry notes Of that date, each for the sum Of s56,
66, TO one Ashur Warner, payable in two, three,
foui, FIVE and six years from the date thereof
with interest annually. That on the 26th day OF
Nov. IA ID. 1858, td secure the payment OF said
notes and interest, said defendant above named
executed and delivered TO said Wamer,a deed,
commonly called mortgage deed. therein and
thereby conveying 10 said Warner the following
lands and tenements situate in said County oi
Geauga and State Of Ohio. being in the tow nshp
OF Hambden, and known by part OF lot No. IL
in Bond tract In said township, and bouLded as
follows; beginning on the north margin OF the
| road lending from ChnrdOn to Jefferson, nj the
east line OF the Public Square in llombden thence
north. .easerly on the margin Of said road, to the
west line Of land formerly decided 10 Thos. Brown
| grees, west about l2k rods TO stake; thence
south 35 degrees, west about chains 6e links ic
post ut the northeast corner Of the said Public
Sqnare; thence south 35 degrees east TO the place
4 Of beginning, containing one ncre OF land with
the building thereon. Said dsod was subject to
| a condition of1eieasance therein expressed; that
! If said Sylvenus b. Hit should pay said notes al
maturity, then the snmo 10 be void, otherwise tC
remain in full force. That on the 9th day oI
December, A. ID. 1853, O, 9 O'Clock A. M. said
mortgage deed was delivered 10 the Recorder oI
said county, and by him entered OF record on the
| 7til day oi December, 1858, in Vol. Sc, Geaugu
County Records of Mortgages. pnges l64 g. l65
| That said mortgage deed, by written assignment
thereon, has been duly assigned and together will
and he Is now the absolute owner thereof. Tha
said deed has become absolute and that there il
due and unpaid upon said several promissory
notes above described md mentioned in said
mortgage deed. the sum Of Sl39,34, with interes
from October 22nd, A. ID. 1862
The petition also AYERS that one X ebecca Quig
gle and one John T.. Field claim an interest in
said premisest--hat one Oliver IIiu is in possess
ion OF said premises, but by what right or title
the plaintiff is uninformed; that he is committing
waste thereon; and that said Syvenus is insol
| vent.
The prayer Of the petition is hat the defend
ants unswer-thnt said Oliver Hit be restrained
from committing further wnste, and that plaintiff
have judgment against said Sylvenus B. HIT tol
said sum oi S.39, 81 and interest aloresnid-and
that said mortgage be foreclosed, that said prem.
ises be old and the proceeds applied to the pay.
ment OF said Judgment and other and further ro.
lief. The defendants will answer said Petition
on or before the 4ih day OF Feb, A. d. 1863.
THRASHER, DURfEE g. HATHAWAY
.lr Attorneys for Plaintiff.
Dated December lith, 1862 574w6